Constitution of the Academic Senate

Document Number	000402
Date Approved	15 December 2006

1. Responsibilities of the Academic Senate

1.1. The By-Law made pursuant to the University of Newcastle Act 1989 provides that

Clause 32 The Academic Senate is the principal academic body in the University, and has the following functions

(a) to advise the Council on matters concerning the academic activities of the University,

(b) to consider, and report to the Council on, any matter referred to it by the Council,

(c) to refer matters to any faculty, school, board or other body within the University for consideration and report,

(d) to consider, and report to the Council on, any proposal concerning teaching, scholarship or research that is made by any faculty, school, board or other body within the University,

(e) to determine, after consultation with each of the faculties, schools, boards or other bodies concerned, any matter concerning any program or course of study or examination that is not solely within the province of any single faculty, school, board or other body,

(f) to consider, and report to the Council or to any other body within the University on any matter affecting the policies and activities of the University or of any such body,

(g) to exercise such other functions as may be conferred or imposed on the Academic Senate by the rules.

1.2. At its meetings on 5 March 2004 and 3 March 2006, the Council formally delegated to the Academic Senate the power to:

(i) approve policy, procedures and amendments to Rules relating to teaching, learning and research;

(ii) approve revisions to programs;

(iii) approve revisions to degree schedules; and

(iv) carry out academic quality assurance.

2. Membership

2.1. Clause 30 of the By-law provides that:

The Council may by resolution determine the persons who are to be members of the Academic Senate under section 15(1)(b) of the Act.

2.2. The membership of the Academic Senate shall comprise:

2.2.1. The President of the Academic Senate;

2.2.2. The Vice-Chancellor, ex officio;

2.2.3. The Deputy Vice-Chancellors, ex officio;

2.2.4. The Pro-Vice-Chancellors of the Faculties, ex officio;

2.2.5. The Pro Vice-Chancellor (International), ex officio;

2.2.6. The Dean of Students, ex officio;

2.2.7. The Dean, The University of Newcastle Graduate School, ex officio;

2.2.8. One academic staff member from each School of the University, elected by the academic staff of the School;

2.2.9. The academic staff member elected from Wollotuka, School of Aboriginal Studies shall be the Aboriginal and Torres Strait Islander member and a member of the Board of Aboriginal and Torres Strait Islander Education and Training.

2.2.10. One academic staff member of the Central Coast Campuses elected by the academic staff of the Central Coast Campuses;

2.2.11. One academic staff member elected by and from the academic staff of the English Language and Foundation Studies Centre;

2.2.12. One postgraduate student of the University, elected by and from the students of the University, not being members of staff, enrolled in postgraduate award programs;

2.2.13. Two undergraduate students of the University, elected by and from the students of the University, not being members of staff, enrolled in undergraduate award programs.

2.2.14. Up to five additional members of academic staff of the University may be appointed by the President in consultation with the Academic Senate to ensure appropriate balance of membership across categories of academic staff such as academic level, gender, location or academic unit of the University.

3. Election of Members Other Than Ex Officio Members

3.1. The President of the Academic Senate

The President shall be elected by the full-time members of the academic staff of the University from amongst the Professors and Associate Professors.

3.2. The one academic staff member elected by and from each School, by and from the English Language and Foundations Studies Centre and by and from the academic staff of the Central Coast Campus:

This category of membership shall be open to all full-time and fractional full-time academic staff of any level in each School, in the English Language and Foundation Studies Centre, and located at the Central Coast Campus.

3.3. The postgraduate student member

For the purposes of this constitution, a postgraduate student is a student enrolled in a program leading to an award of graduate certificate, graduate diploma, master or doctor.

3.4. The undergraduate student members

For the purposes of this constitution, an undergraduate student is a student enrolled in a program leading to an award of bachelor or bachelor with honours.

4. Terms of Office

4.1. The term of office of the President of the Academic Senate shall be for two years, up to and including the last day of March in the relevant anniversary year.

4.2. The terms of office of the members elected under the provisions of sections 2.2.8, 2.2.10 and 2.2.11 of this constitution shall be for two years, up to and including the last day of March in the relevant anniversary year. Membership shall be staggered such that half the elected membership shall be elected at the end of each two year period.

4.3. The term of office of the student members elected under the provisions of sections 2.2.12 and 2.2.13 of this constitution shall be for one year, up to and including the last day of March of the anniversary year.

4.4. The term of office of any additional member appointed under the provision of section 2.2.14 shall be determined by the President in consultation with the Academic Senate at the time of appointment giving due consideration to the principle of staggering membership under the provision of section 4.2.

5. Functions of the President of the Academic Senate

5.1. The President shall have such functions, powers and duties as may be assigned to the office by the Council, the Academic Senate or the Vice-Chancellor.

5.2. The President is authorised to deal with the business of Academic Senate in relation to courses and programs between the last meeting in any calendar year and the first meeting in the following calendar year.

6. Deputy President of the Academic Senate

6.1. The Deputy President of the Academic Senate shall be drawn from the elected members of the Senate. The Deputy President shall hold office for one year, from 1 April of the first year, up to and including 31 March in the subsequent year. Nominations shall be called from elected members who will hold office as at 1 April in the relevant year. All the members of Senate for the period commencing 1 April in any year shall be eligible to vote.

6.2. Subject to the provisions of section 7.0 below, the Deputy President shall:

6.2.1. chair meetings of the Academic Senate during absences of the President;

6.2.2. act as President between meetings if there are urgent matters to transact and the President is unavailable; and

6.2.3. act as President in the event of the office of President being vacated, pending the election of a new President.

7. Powers of the Vice-Chancellor

7.1. In accordance with section 31(5) of the By-Law, the Vice-Chancellor may exercise the right to preside at any meeting of the Academic Senate at which the Vice-Chancellor is present.

8. Vacation of Office

8.1. An elected member of the Academic Senate shall be deemed to have vacated office if that member:

(a) dies;

(b) resigns the office by notice in writing addressed to the University Secretary;

(d) proceeds on leave of absence from the University for a period exceeding nine months;

(e) ceases to hold the office or qualification from which membership of the Academic Senate derives; or

(f) becomes an ex officio member of the Academic Senate.

9. Vacancies

9.1. Where a casual vacancy occurs in the office of the President, an election shall be conducted to fill the vacancy for what would otherwise have been the remainder of the term of office. Notwithstanding this provision, where the vacancy occurs in the period following the declaration of an election for a prospective President and before the date of the conclusion of the term of office of the previous President, the President-elect shall become President forthwith.

9.2. If the election of the President creates a vacancy in the elected membership, the vacancy shall be filled by the person who received the highest number of votes among the unsuccessful candidates in that category of membership. In the absence of such a person, the academic staff who form the electorate for that category of membership shall elect one of their number to fill the vacancy.

In accordance with University practice, the person filling the vacancy shall serve for the whole or, if it has been partly served, the residue of the term of the person elected President.

9.3. Where the President proceeds on leave of absence for a period not exceeding six months, the Deputy President shall act as President during the term of leave of absence.

9.4. Where the President will be on leave of absence for a period of more than six months but less than 12 months, the academic staff of the University shall elect an acting President from amongst the Professors and Associate Professors of the University.

9.5. A President intending to be absent from the University for a period in excess of 12 months shall resign the office.

9.6. Where an academic staff member elected under sections 2.2.8, 2.2.10 and 2.2.11 vacates office, or proceeds on leave of absence from the University for a period exceeding three months but less than nine months, the casual vacancy created will be filled as follows:

9.6.1. where there was more than one candidate in the election to fill the original vacancy, the unsuccessful candidate with the highest number of votes;

9.6.2. where there was only one other candidate in the election to fill the original vacancy, that other candidate;

9.6.3. where there was no other candidate in the election to fill the original vacancy, the Head of School, the Director of the English Language and Foundation Studies Centre or the Pro Vice-Chancellor Central Coast Campuses shall nominate and the President shall appoint an academic staff member to the position.

9.7. Any vacancy in student membership may be filled by invitation by the Vice-Chancellor, provided that the student invited is qualified for election.

10. Attendance with Rights of Audience and Debate

10.1. The Academic Senate may grant rights of audience and debate either as a standing arrangement or for a specific meeting or item(s) of a meeting to such person or persons or categories of person as it may deem appropriate.

11. Quorum

11.1. The quorum of the Academic Senate shall be comprised of a majority of the total number of members inclusive of a majority of elected members.

11.2. There must be a quorum at all times when an Academic Senate meeting is in session.

11.3. If a quorum is not present within 30 minutes of the stated commencement time, subject to the provisions of section 11.4 below, the meeting shall lapse and the business on the Agenda shall be included in the Agenda for the next scheduled ordinary meeting.

11.4. When a meeting is not quorate or ceases to be quorate but there are items of urgent business to transact, the President may authorise that the inquorate meeting proceed to consider the specific item(s).

12. Voting

12.1. Subject to the provisions of sections 11.4 and 14.0, all questions which shall come before the Academic Senate shall be decided by the majority of the members present and voting at the meeting.

12.2. The member presiding at a meeting of the Academic Senate shall have a vote, and in the case of an equality of votes, a casting vote.

13. Meetings

13.1. The Academic Senate may determine how frequently it shall meet and may fix the dates of its meetings provided that it shall normally meet no less than six times in each year.

13.2. A meeting of the Academic Senate may be convened either by the Vice-Chancellor or the President at their discretion and shall be convened by either of them upon the written request to the Secretary of any 12 members of the Academic Senate.

13.3. At least seven days' notice of ordinary meetings shall be given in writing to the members of the Academic Senate by the Secretary, specifying the time and place and agenda of the meeting.

14. Flying Minute

14.1. When, in the opinion of the President, a matter requires the urgent consideration of the Academic Senate and no meeting of the Academic Senate is scheduled within 14 days, members may be consulted in writing by flying minute.

14.2. A draft motion put before members by way of a flying minute shall become a resolution of the Academic Senate as at the date set for return of responses, provided at least 70% of all members for the time being vote in favour of the motion.

14.3. A resolution passed by way of a flying minute shall be reported to the next ordinary meeting of the Academic Senate.

15. Reference to Council of Certain Matters by Academic Senate

15.1. As provided under clause 33(1) of the By-law, if:

(a) the Academic Senate does not approve without amendment any proposal concerning teaching, scholarship or research that is made by a faculty, school, board or other body within the University, and

(b) the faculty, school, board or other body so requests,

the Academic Senate must transmit the original proposal to the Council, together with the Academic Senate’s recommendations with respect to the proposal.

16. Council to Obtain Views of Academic Senate on Certain Matters

16.1. As provided under clause 33 of the By-law,

(2) If the Council does not accept without amendment any recommendation of the Academic Senate with respect to the proposal, the Council must not make a final decision in the matter without further consultation with the Academic Senate.

(3) This clause does not apply where, in the judgement of the Chancellor:

(a) the matter is one of urgency in which it is necessary for an immediate decision to be made by the Council; or

(b) the area of difference between the Council and the Academic Senate is not one of principle or major significance.

17. Elections

17.1. The elections required under this constitution shall be conducted by the University Secretary who shall conduct any ballot and determine the result in accordance with the provisions for the conduct of elections set out in Clauses 17 to 27 of the By-law.

18. Committees

18.1. The Academic Senate may establish such committees as it considers necessary to the business of the Academic Senate.

18.2. The Academic Senate shall have the following Standing Committees which may exercise delegations as determined from time to time by Council and Academic Senate:

(a) Research Committee

Research Grants Sub-committee

Research Training Sub-committee

(b) Curriculum, Teaching and Learning Committee

Program and Course Appraisal Sub-committee

Policy Development Sub-committee

Student Progress Sub-committee

18.2. Additional Committees established under Clause 18.1 shall be advisory to the Academic Senate.

Related Information

Approval Authority	Council
Date Approved	15 December 2006
Date Promulgated	18 December 2006
Policy Contact Position	Secretary, Academic Senate

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