CHARTER OF THE CORNELL UNIVERSITY UNIVERSITY ASSEMBLY
with Amendments and Bylaws as of May 2003

Establishment

Pursuant to the authority delegated to him by the Board of Trustees, the President hereby establishes the University Assembly (UA)(the Assembly). Articles 1 through 11 of this document constitute the Charter of the University Assembly.

The Assembly is the representative body of all constituencies of the University’s Ithaca and Geneva campuses, and it should represent and convey the interests of that campus community to the administrative and academic leadership of the institution.

ARTICLE 1: Authority and Responsibilities

The University Assembly shall, by delegation from the President:

1.1 Legislative authority over conduct

Should authority over academic integrity standards be included? Statement on Student Rights appears to no longer exist.have legislative authority for those aspects of the conduct of members of Cornell University now covered by the Campus Code of Conduct and the Statement of Student Rights. Pursuant to the Henderson Law, proposals for changes in the Campus Code of Conduct shall be subject to the approval of the Board of Trustees, when appropriate.

1.2 Hearing and review boards

select the members of the Hearing and Review Boards responsible for the determination of cases brought under the rules referred to in 1.1.

1.3 Legislative authority over policies

Moved budget reporting requirement from Article 10.5. have legislative authority over policies which guide the activities of the Departments of Transportation and Mail Services, Cornell United Religious Work, University Health Services, and the Cornell Store. AnSuch units will submit draft budgets for study and comment by the Assembly, and an associated structure of committees and boards shall consider and propose policies for their respective departments to the UA.

1.3.1 Reporting of legislative actions

Legislative actions of the UA shall be reported to the President. If the action is acceptable, the President will so notify the Assembly. The UA shall respond to any requests from the President for information or reconsideration of any actions. The request for reconsideration must be made within thirty days of notification of the original action. If, after such reconsideration, the UA reaffirms the action and if the President still deems the action to be defective, the President may veto the action of the UA. Any action on which reconsideration has not been requested within thirty days of notification to the President shall be presumed to beconsidered approved by the President.

1.4 Internal operations

have authority over matters concerning the internal operation and maintenance of the UA governing system, including provisions for the creation of bylaws and procedures, and amendments to the Charter of the UA (subject to the restrictions in Article 11).

1.5 Public hearings

conduct public hearings and forums concerning topics of current community interest.

1.5 Academic matters6 Other matters

Merge descriptions of authority on academic and other matters.make recommendations to the University faculty or the respective college faculties in academic matters of concern to the UA. examine other matters, including academic matters, which involve the interests or concern the welfare of a substantial segment of the University community and make recommendations thereon to the appropriate officers or decision-making bodies of the University. Recommendations usually will be made via the President. It is anticipated that, in response to such recommendations, the President will expeditiously reply in writing, informing the Assembly of actions taken in response to its recommendation.

1.7 Other matters

examine other matters which involve the interests or concern the welfare of a substantial segment of the University community and make recommendations thereon to the appropriate officers or decision-making bodies of the University. Recommendations usually will be made via the President. It is anticipated that, in response to such recommendations, the President will expeditiously reply in writing, informing the Assembly of actions taken in response to its recommendation.

1.76.1

have the right to obtain reports on matters within its area of concern from appropriate University officials.

1.87 Establish committees

establish such standing committees and ad hoc committees as are necessary to the performance of the duties of the UA.

1.98 Conflicts’ solution determination

Committee questioned whether this is appropriate? The UA does not have any formal authority over other assemblies so any resolution it proposed would be advisory in nature. No record found of this authority ever being exercised.have authority to determine a solution to conflicts when they cannot be resolved between constituency bodies.

1.109 Agenda and resolution distribution

distribute agendas and pending resolutions to the leadership of the other assemblies at least 24 hours prior to the UA meeting at which they are to be presented.

ARTICLE 2: Membership

Numbers of students and staff are roughly proportional to population sizes. Number of faculty is significantly greater relative to population size. Certain ex-officio memberships are granted to positions that do not exist.The University Assembly shall consist of 21 voting members; six undergraduate students, three graduate and/or professional students, five employees, and seven faculty. The following shall be members of the Assembly, without vote: The Vice President for Student and Academic Services, the Senior Vice President, another member of the central administration appointed by the President, and the Chair of the on Minority Affairs Committee.

2.1 Composition and terms

Combined from first portion of article.Members of the UA shall be chosen by and from within the membership of the constituent assemblies as follows: at least, but not limited to two each from the Student Assembly (SA) and Employee Assembly (EA), and one each from the Graduate and Professional Student Assembly (GPSA) and the Faculty Senate. Individual constituent assemblies shall determine a means of identifying/selecting/electing the remaining members as defined in Article 2 of the UA Charter. All members shall serve two-year staggered terms which should be contained within their constituent assembly terms, except for student members who shall serve one-year terms. The Faculty Senate should be thought of as one of the separate constituent assemblies. The UA shall be informed annually of the appointment procedures to be used prior to the appointment taking place. Vacancies shall be the responsibility of the constituent assembly to fill as soon as a vacancy occurs.

The presiding officers of the Student Assembly, Graduate and Professional Student Assembly, Employee Assembly, and Faculty Senate (the constituent assemblies) shall each serve as full voting members of the Assembly for the duration of their terms as presiding officers of the respective assemblies. Each constituent assembly may appoint from the respective constituency it represents an additional number of voting members not to exceed one two-thousandth of its total number of constituents and any fraction thereof. Such additional members will serve two-year, staggered terms that begin and end with terms of the Assembly.

The Assembly may provide in its bylaws for appointment of additional non-voting members to serve ex officio.

2.2 Exclusion

A voting member of the UA may not serve concurrently as a University Trustee, or as a member of the Assembly’s standing committees and boards, except where specified in this Charter.

2.3 Removal

In the absence of an explicit policy for removal of members, the office has required that the appointing body withdraw the member’s appointment in order to remove a member from the Assembly. The committee proposed the following as an alternative process.Members of the Assembly may be removed by affirmative vote of two thirds of seated members of the assembly and consent of the constituent assembly responsible for their appointment.

ARTICLE 3: Officer

The officers of the University Assembly shall be the Chair and the Vice Chair, who shall be from different constituencies.

3.1 Chair

At its organizational meeting in the spring semester, the UA shall elect a Chair from among its members.

3.2 Vice chair

At its organizational meeting in the spring semester, the UA shall elect a Vice Chair from among its members.

3.3 Responsibilities

3.3.1 Responsibilities of the chair

It shall be the responsibility of the Chair of the UA, or in the event of absence, the Vice Chair, to chair all meetings of the Assembly and the Executive Committee and to work with the leaders of the other constituent assemblies in order to provide efficient communication channels.

3.3.2 Responsibilities of the vice-chair

It shall be the responsibility of the Vice Chair of the UA, or a designee, to keep the minutes of all the meetings, notify members of the UA of special meetings and of important matters proposed for action at any meeting, make public and publicize the reports and actions of the UA and its committees where appropriate, transmit reports, actions, and recommendations as the Assembly shall direct. The Vice Chair also shall report periodically on the disposition or current status of the Assembly actions and recommendations. The Vice Chair shall also supervise the exchange of information and opinion between the Assembly and the community at large. The Vice Chair shall further serve as the convener and chair of the Assemblies System Review Committee.

3.4 Removal

The UA may remove any of its officers upon an affirmative vote of at least 2/3 of the seated membership of the Assembly. Immediately thereafter, a new officer shall be elected from among the UA membership for the balance of the term of office.

3.5 Replacement

In the event that the elected Chair must relinquish the position, the Vice Chair shall assume the position and duties and a new Vice Chair shall be elected from the members of the UA at the next regularly scheduled meeting of the UA.

3.6 Executive committee

The Executive Committee of the University Assembly

3.6.1 Membership

3.6.1.1 The Executive Committee shall have four members, including one undergraduate student, one graduate/professional student, one faculty member, and one employee.

3.6.1.2 The Chair and the Vice Chair of the UA shall be members of the Executive Committee, and shall lower their constituency’s representation on the Executive Committee.

3.6.1.3 The members of the Executive Committee, excluding the Chair and the Vice Chair of the Assembly, shall be elected in a caucus of Assembly members from their own constituencies.

3.6.1.4 The Executive Committee shall serve a one-year term, beginning on June 1.

3.6.2 Authority during the academic year.

The Executive Committee shall:

3.6.2.1 prepare the agenda for Assembly meetings.

3.6.2.2 call special meetings of the Assembly when it deems necessary.

3.6.3 Emergency Authority

3.6.3.1 During periods between semesters and during vacations, the Executive Committee shall be authorized to speak for the Assembly on matters of policy under the jurisdiction of the Assembly in those cases when in the Executive Committee’s best judgment, a delay would effectively result in no Assembly participation in a decision being made.

3.6.3.2 Before making any statement for the Assembly, the Executive Committee shall make its best effort to reach all members of the Executive Committee, including those not on campus for their opinion, and shall make its best effort to contact all members and chairpersons whose committees are concerned with the question at hand for their opinion. In its attempt to reach members, the Executive Committee shall be authorized to meet by conference call.

3.6.3.3 The Executive Committee shall follow the practice of inviting to UA meetings those who have a concern for the issue at hand.

3.6.3.4 Any such statement by the Executive Committee shall be reported in full at the first meeting of the Assembly following the vacation or mid-semester break. The report shall include the names of those members of the Executive Committee who participated in the action as well as the vote count.

ARTICLE 4: Other PowersRole in Appointment of Certain University Personnel

The University Assembly shall participate in the selection of slates of nominees for the position of Ombudsman, Judicial Administrator, and Judicial Codes Counselor; and concur in the President’s nominations for the University Ombudsman.

4.1 University ombudsman

The UA shall appoint one undergraduate student, one graduate/professional student, one faculty member, and one employee to join with four persons appointed by the President to select two or more candidates for the office of the University Ombudsman. The Ombudsman shall be appointed by the President with the concurrence of the UA. Term of office for the Ombudsman shall be two years, effective July 1. Upon the recommendation of the President and with the concurrence of the UA this appointment may be extended for additional terms.

4.2 Judicial administrator

The UA shall appoint one undergraduate student, one graduate/professional student, one faculty member, and one employee to join with two persons appointed by the President to select two or more candidates for the office of the Judicial Administrator. The Judicial Administrator shall be appointed by the President with the concurrence of the UA. Term of office for the Judicial Administrator shall be two years, effective July 1. Upon the recommendation of the President and with the concurrence of the UA this appointment may be extended for additional terms.

4.3 Judicial codes counselor

The same procedure specified in 4.2 shall be followed for the appointment of the Judicial Codes Counselor. The term of the Judicial Codes Counselor shall be two years, effective July 1. Upon the recommendation of the President and with the concurrence of the UA this appointment may be extended for a maximum period of two years without the need for a search.

4.4 Representation on search committees

The UA, in consultation with the President, shall assure that each search committee named above has minority and female representation and has a reasonable balance of students, faculty and employees.

ARTICLE 5: Protections

In its debates and investigations, the University Assembly and its committees shall respect and protect the rights of individuals.

5.1 Confidential information

When a subject under discussion or investigation requires the use of confidential information concerning an individual, there shall be no public disclosure of this information which identifies the person concerned. All reasonable efforts shall be made to safeguard the confidentiality of this information.

5.2 Infringement on person’s rights

If any member of the University feels that any action of the UA or its committees is infringing that person’s rights under Article 5, then that person may appeal to the Ombudsman to determine whether probable grounds exist for a complaint. If the Ombudsman so determines, he or she shall notify the UA or its committees to suspend all actions specified in the complaint until such time as the matter is resolved through mediation by the Ombudsman.

ARTICLE 6: Procedures

The procedures of the University Assembly shall be as follows:

6.1 Meetings

At the first meeting of the academic year, the UA shall adopt a schedule of meetings for the remainder of the year. These meetings shall be referred to as the regular meetings.

6.2 Special meetings

Special meetings of the UA may be convened to consider issues of immediate and pressing concern. The Chair of the UA, the President or in the President’s absence, the Acting President, may call a special meeting of the UA. The Chair shall call a special meeting of the UA when requested to do so by any eleven of its members.

6.3 Quorum

A quorum shall consist of a majority of the seated members of the UA.

6.4 Roberts rules of order

The procedure for debate and general conduct of business of the UA in all matters not specifically described in this document shall be that of Roberts Rules of Order (latest edition).

6.5 Executive session

With the concurrence of a majority of the voting members present, the UA or any of its committees may go into executive session to discuss confidential matters.

6.6 Speaking privileges

Speaking privileges may be obtained by any member of the Cornell community by notifying the Chair of a desire to speak on a specific agenda topic at least 24 hours prior to a meeting. Consultants invited to a UA meeting by the Chair shall be granted speaking privileges in regard to the particular topic on which they were invited to present information or answer questions. During the course of the meeting the UA may establish additional procedures for granting speaking privileges.

6.7 Orgizational meeting

As soon as possible after completion of the elections in the spring, the newly-elected UA shall hold an organizational meeting to elect a Chair and a Vice Chair. Immediately after the completion of the spring elections the Vice Chair of the outgoing UA shall solicit nominees for the position of Chair and Vice Chair from members of the new UA. The names of the nominees together with short vitae shall be circulated to all members of the new UA not less than seven days before the spring organizational meeting. On June 1st, the outgoing UA shall be officially replaced by the newly-elected UA.

6.8 Agenda

The agenda of the UA meetings shall be set by the Executive Committee. The President of the University or any one member of the UA may request that an item be put on the agenda. Such an item shall be placed on the agenda at the earliest possible time. The agenda shall be made public at least 24 hours prior to the next UA meeting.

6.9 Minutes

The minutes of the UA meetings and those of its committees shall be available to all members of the University, except for those meetings conducted in executive session (Article 6.5).

6.10 Bylaws

The UA may establish bylaws and other procedural rules as are necessary for the exercise of its authority. The adoption of such rules shall require an affirmative vote of a majority of those voting.

6.11 Response to recommendations

Those officers or decision-making bodies receiving recommendations from the UA shall respond to the Chair of the UA within a reasonable period of time, as defined by the UA, acknowledging receipt of the UA’s recommendations and stating their intended course of action. The eventual outcome of recommendations shall be reported to the UA.

6.12 Other governing bodies

The UA shall work with the Executive Committee of the Faculty Senate to establish an effective mechanism of communication between the SA, the EA, the GPSA, the UA, and the Faculty Senate.

6.13 Annual report

The UA shall present an annual report to the President of the University. It shall contain a summary of the UA’s work during the year and in addition describe any outstanding issues that are expected to arise in the future. The report shall be available to all members of the University.

ARTICLE 7: Committees - General

The University Assembly may establish such standing or ad hoc committees, in addition to those specified in Article 7.2,as necessary for the proper performance of its functions, and may prescribe their responsibilities and their membership. Those serving on the standing committees and boards of the University Assembly cannot be members of the University Assembly except where specified in the Charter.

Remainder of Article 7 and 8, 9, 10 will become bylaws in this proposal.

ARTICLE 8

ARTICLE 9

ARTICLE 10

ARTICLE 11: Changes in the Charter and Bylaws and Procedures of the University Assembly

An affirmative vote of a majority of the voting members of the University Assembly shall beis required to amend the Bylaws and Procedures of the University Assembly, and an affirmative vote of two-thirds of the seated membership those articles ofis required to amend the Charter not excluded in 11.1.

The Assembly may not adopt amendments to the Charter at the same meeting where they are introduced or modified, and the President of the University must approve such amendments before they may be implemented.

11.1 Articles excluded

Articles of the Charter excluded from the amendment procedure specified in Article 11 are those which appear under the headings, Authority, Membership and Changes in the Charter. An amendment to any of these articles is governed by the procedure set forth in Article 11.2.

11.2 Amendment procedures

Amendment of the articles set forth in 11.1 shall require approval by community referendum (majority vote in each of the three separate constituencies with a minimum of 20% vote of the constituency) and approval of the President. Before setting amendments into effect, it is expected that the President will report impending changes to the Board of Trustees.

11.2.1

An amendment of those articles set forth in 11.1 may be initiated and qualified for presentation to referendum at the next following annual campus election by any one of three pathways:

11.2.1.1 The UA itself, by a 2/3 vote, may present an amendment.

11.2.1.2 The Faculty Senate, the SA, the EA, or the GPSA may present such an amendment by a 2/3 vote.

11.2.1.3 A community group may present an amendment by petition. In order to qualify for presentation at the next following referendum, the petition must be supported by signatures of at least 5% of the total membership of any one of the four constituencies: undergraduate students, graduate/professional students, faculty, and non-faculty employees.

Definitions

University faculty:Any voting member of the University Faculty as defined in Article XV of the University Bylaws. Only University Faculty, except for ex-officio members who do not hold academic appointments, are eligible for the faculty seats on the UA or its committees.

Undergraduate student: Any student who holds a currently valid undergraduate student identification card.

Graduate/professional student: Any student who holds a currently valid graduate/professional student identification card.

Employee: Any regular full-time staff member in the non-exempt, exempt, and academic staff categories.

Constituencies: This word has been used to mean the broad categories of University faculty, undergraduate students, graduate and professional students, and employees as defined above.

University: For the purposes of this document, the word University has been used to mean the Ithaca and Geneva campuses of Cornell University, and all students, faculty, and employees associated with these campuses.