EstablishmentPreamble

The document lacked a preamble specifying why the UA exists. Pursuant to the authority delegated to him by the Board of Trustees, the President hereby establishes the University Assembly (UA). Articles 1 through 11 of this document constitute the Charter of the University Assembly. After consultation with members of the campus community, and to effect more extensive involvement in campus governance through a University Assembly and constituent assemblies representatives of faculty, students, and employees, the President, through the authority granted him by the Board of Trustees, hereby establishes this Charter for the University Assembly of Cornell University.

Article 1: Name and Definitions

1.1 Name

The name of this organization is the University Assembly of Cornell University, hereinafter referred to as the Assembly or the UA.

1.2 Definitions

campus community

The students, staff, and faculty of the Ithaca and Geneva campuses of the university.

constituency

A constituency is a population represented by one of the constituent assemblies.

constituent assembly

Any one of the following campus governance units of the university may be considered a constituent assembly: Student Assembly, Graduate and Professional Student Assembly, Employee Assembly, or Faculty Senate.

session of the Assembly

A session of the Assembly begins June 1 and continues through May 31 of the next year.

Article 2: Object

The object of the Assembly is to improve and sustain the involvement of the campus community in the governance of campus affairs affecting the broad campus community by establishing open, effective, and efficient channels of communication between and amongst the community and university administration.

ARTICLE 1: Authority and ResponsibilitiesArticle 3: Authority and Responsibilities

The University Assembly shall, by delegation from the President, has the following authority and responsibilities:

1.1 Legislative authority over conduct

Should authority over academic integrity standards be included? Statement on Student Rights appears to no longer exist. The Henderson Law reference has been factored out into the legislative actions section.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

Merge with 1.1 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 policies3.1 Authority in policy development

Merge in 1.1–2. Remove term “legislative” as it muddles the nature and extent of the Assembly’s and administrative units’ responsibilities. Broaden the authority of the assembly so it has a charge to address new areas. Specify procedural requirements in detail, but provide flexibility as circumstances permit. 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. An associated structure of committees and boards shall consider and propose policies for their respective departments to the UA. 1.3.1 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 be approved by the President.

The Assembly may examine matters which involve the interests or concern the welfare of a substantial segment of the campus community and may make recommendations or resolutions thereon to the President or to other appropriate officers or decision-making bodies of the University. Such matters include, but are not necessarily limited to:

• common standards of conduct,
• campus planning,
• diversity and inclusion,
• environmental impact and sustainability,
• family support,
• health services,
• information technology,
• public safety, and,
• transportation and commuter policies.

3.1.1 Assembly responsibilities

To the extent practical and appropriate, the Assembly shall provide public notice of either the terms or the substance of each proposed recommendation or resolution and a meaningful opportunity for community participation in the development of such recommendations and resolutions. Such opportunity may include:

1. a comment period of at least one calendar month during which any member of the community may submit written information or opinions for the Assembly’s consideration,
2. at least one public hearing during which any member of the community may submit information or opinions to the Assembly in person for its consideration, and,
3. solicitation of pertinent information from appropriate University officials.

3.1.2 Recipient responsibilities

To the extent practical and appropriate, University officials will provide pertinent information as the Assembly requests.

Recipients of recommendations and resolutions shall reply in writing, either accepting them or explaining why they will not be implemented. When circumstances prevent recipients’ response within one calendar month, they shall inform the Assembly of such circumstances and a date by which it can expect a response.

3.1.3 Policies and actions subject to Assembly review

Responsible University officials shall consider designating the Assembly, or one of its constituent assemblies, as a stakeholder in each impact statement, prepared under the terms of University Policy 4.1, Policy on the Formulation and Issuance of University Policies, which involves the interests or concerns the welfare of a substantial segment of the campus community. If the Assembly is not identified as a stakeholder, the impact statement should incorporate a brief explanation for this determination.

Note: Code of Conduct requires approval of amendments by UA and President in addition to the requirements provided here. Where circumstances permit, the Assembly shall be allowed a period of at least one calendar month to review and respond to proposed changes of the following policies:

1. the Campus Code of Conduct, and
2. the Rules and Regulations for the Control of Traffic and Parking on the Grounds of Cornell University.

Officers of the university should consider consultation with the Assembly before implementing other significant actions or policies which involve the interests or concern the welfare of a substantial segment of the campus community.

The Assembly may review or recommend specific policies and actions on its own initiative or in response to a petition from members of its constituencies.

3.2 Appointments to certain administrative offices

3.2.1 Confirmation of certain Presidential appointments

Refactored from 4. President specifies both nominee and term, subject to UA confirmation. The Assembly must approve each appointment or reappointment by the President of the University to the following offices: the Judicial Administrator, the University Ombudsman, and the Judicial Codes Counselor. In the event of a vacancy in any of these positions, the President or a designee will appoint a search committee to which the Assembly may appoint a representative. Incumbent occupants of each office may serve any number of consecutive terms; however, no single term may exceed two years in duration.

3.2.2 Appointment of members to the University Hearing and Review Boards

Refactored from 1.1 The Assembly may appoint members to and remove members from service on the University Hearing and Review Boards convened under the Campus Code of Conduct as needed to assure the effective operation of those panels.

1.43.3 Internal operations

Charter amendment authority and process covered in Article 7. haveThe Assembly has authority overin matters concerning theits 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). Merge into 1.1 1.5- Public hearings

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

1.5 Academic matters

This is now covered by 3.2: Consultative authority over policies.make recommendations to the University faculty or the respective college faculties in academic matters of concern to the UA.

1.7 Other matters

examine other matters which involve the interests or concern the welfare of a substantial segment of the campus 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.

1.7.1

Worked into 3.1. have the right to obtain reports on matters within its area of concern from appropriate University officials.

1.83.4 Establish committees

The Assembly establishes such standing committees and ad hoc committees as are necessary to the performance of the duties of the UAneeded to perform its duties.

1.9 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.

1.10 Agenda and resolution distribution

Now that heads of assemblies are members of UA, this section is not necessary to assure they receive such materials. 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.

3.5 Reservation of authority

Nothing contained herein shall be construed to limit or constrain the President or other officers of the University in the exercise of their delegated authority.

ARTICLE 2Article 4: Membership

Smaller membership with ratios more closely resembling distribution of population. Include leadership of constituent assemblies in membership.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.

2.14.1 Composition and terms

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 Student Assembly may appoint four, the Graduate and Professional Student Assembly, two, the Employee Assembly, four, and the Faculty Senate, four, members from their respective constituencies to serve staggered terms as voting members of the Assembly concurrent with two consecutive sessions of the Assembly. Additionally, the presiding officer of each constituent assembly serves as a voting member of the Assembly concurrent with his or her term of office.

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

2.24.2 Exclusion

A voting member of the UAAssembly 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 Chartermember of the Board of Trustees of the University.

4.3 Removal

Committee agreed there should be a means to remove members whose conduct or absence disrupts the function of the assembly.Any member may be removed by affirmative vote of two-thirds of seated members of the assembly and consent of the constituent assembly responsible for his or her appointment.

ARTICLE 3Article 5: Officers

5.1 Positions

If the interest and best candidates come from the same constituency, it should be possible to have two officers from that constituency. The officers of the University Assembly shall beare the Chair and, the Executive Vice Chair, and the Vice Chair for Operations, who shallmust be fromof different constituencies. Additionally, a ranking member must be appointed for the constituency not otherwise represented by the officers of the Assembly.

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.

5.2 Terms

The term for each office is concurrent with a session of the Assembly.

5.3 Election

At the organizational meeting of the Assembly or at the first meeting after a vacancy arises, the Assembly must elect officers from its membership by secret ballot in closed session. Elections will utilize the exhaustive ballot system: until a candidate receives a majority of votes cast, the candidate receiving the fewest number of votes will be removed from the ballot and another round of votes cast.

As soon as possible after the officers have been elected, seated members of the constituency not represented by the officers must caucus and elect, following the same procedure as provided for the election of officers, a ranking member to represent their constituency.

3.35.4 Responsibilities

3.3.15.4.1 Responsibilities of the cChair

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.The Chair:

1. presides over meetings of the Assembly;
2. serves as the spokesperson of the Assembly; and,
3. transmits any formal recommendations, resolutions, or reports issued by the Assembly to the appropriate recipients.

3.3.25.4.2 Responsibilities of the Executive vVice cChair

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. The Executive Vice Chair:

1. presides over meetings of the Executive Board;
2. receives and tracks reports, resolutions, and other items of business from members of the Assembly and the chairs of its committees;
3. prepares and distributes the agenda for each meeting of the Assembly to all members of the Assembly and to the Office of the Assemblies at least twenty four hours prior to the meeting;
4. assists the Chair in compiling reports and materials as needed; and,
5. fulfills the responsibilities of the Chair in his or her absence or if the position is vacant.

5.4.3 Responsibilities of the Vice Chair for Operations

The Vice Chair for Operations:

1. reviews and approves expenses under the discretionary budget of the Assembly;
2. monitors the activities of each committee of the Assembly;
3. assures that each committee of the Assembly is properly staffed, consulting with the Executive Board, the committee’s chair, and the appropriate officers of the constituent assemblies as needed; and,
4. fulfills the responsibilities of the Executive Vice Chair in his or her absence or if the position is vacant.

5.4.4 Responsibilities of the Ranking Member

The ranking member:

1. serves as a voting member of the Executive Board;
2. represents the interest of his or her constituency in meetings of the Executive Board; and,
3. resigns from office in the event that another member of his or her constituency becomes an officer of the Assembly.

3.45.5 Removal

Implicit is the assumption that the new appointee will be of the same constituency. The UAAssembly may remove any of its officers upon an affirmative vote of at least 2/3two-thirds of the seated membership of the Assembly. Immediately thereafter, a new officer shallmust be elected from among the UAvoting membership of the Assembly for the balance of the term of office.

3.5 Replacement

This is now worked into the election section. 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.

3.6Article 6: Executive committeeBoard

The Executive Committee of the University AssemblyThe Assembly has an Executive Board (the Board) to manage its daily operation and to provide continuity of operation outside of the academic year.

3.6.1 Membership

The Board consists of the officers and the ranking member of the Assembly.

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 shallBoard:

1. 3.6.2.1prepares the agenda for Assemblyeach meetings. of the Assembly;
2. 3.6.2.2calls special meetings of the Assembly when it deems necessaryas needed; and,
3. removes members from committees in cases where behavior or absence disrupts the sound operation of those committees.

3.6.3 Emergency Authority

During periods between academic semesters and during university holidays, the Board may additionally:

1. speak on behalf of the Assembly on matters where, in the opinion of the Board, a delay would prevent effective exercise of the Assembly’s authority or hinder the efficient operation of institutional functions for which the Assembly is responsible; and,
2. convene any ad hoc committees as needed to fulfill its responsibilities.

In taking any such actions, the Board must make a reasonable effort to involve all of its members, including those absent from campus, and to consult the chairs of any committees that the Assembly would ordinarily consult. The Chair must report such actions, including the results of any votes, at the first meeting of the Assembly that occurs after the actions are taken.

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 Powers

This section has been shortened (generalized to articulate the same power/constraints for each position) and factored into the authority section. 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

Is this necessary? University regulations regarding confidentiality are more thorough and detailed than these. Even if necessary, this probably should be in the bylaws. 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 or proprietary 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.

Remainder of Article 6, 7, 8, 9, 10 will become bylaws in this proposal.

ARTICLE 6 ARTICLE 7 Article 7 duplicates what is already provided in the authority to create committees. ARTICLE 8 ARTICLE 9 ARTICLE 10

ARTICLE 11:Article 7: Changes in the Charter and Bylaws and Procedures of the University Assembly

An affirmative vote of a majority of the votingseated members of the Assembly shall beis required to amend the Bylaws and Procedures of the Assembly, and an affirmative vote of two-thirds of the seated membership shall beis required to amend the Charter.

Add assurance of public opportunity for notice and comment on proposed changes to UA governing documents. Proposed amendments to the Bylaws or the Charter of the Assembly must be publicized at least one week before any meeting where they are discussed or adopted. 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.

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.