College of Education and Human Development Constitution & Bylaws

Preamble

The mission of the University of Minnesota College of Education and Human Development is to contribute to a just and sustainable future through engagement with the local and global communities to enhance human learning and development at all stages of the life span.

In keeping with this mission, the College plays a significant role in supporting the University’s commitment to its roles as an urban, public, land-grant, research institution.

Pursuant to Section 10 of the University of Minnesota Charter (Territorial Laws 1851, Chapter 3), "The immediate government of the several Departments shall be entrusted to their respective Faculties," and to Article I of the University Senate Constitution (approved by the Board of Regents), "Consistent with actions and policies by the regents of the University of Minnesota, all matters relating to the educational and administrative affairs of the University are herein committed to the president, the Faculty Senate, the University Senate, and the several faculties," the College of Education and Human Development adopts this constitution.

The purpose of this constitution is to provide a framework that enables the members of the college to work collaboratively to fulfill the college mission and that defines the roles of the members of the college in the initiation of recommendations, formulation of decisions, and communication of the basis for decisions to those affected. 

This constitution is not part of the employment contract between the University and its employees. It does not establish terms and conditions of employment. All conditions not covered in this constitution are governed by University policies and procedures. Nothing in this constitution will be construed to conflict with Board of Regents' or University policies, nor will its provisions be construed to conflict with accreditation requirements of any department or program.

Article I. General Powers

All matters related to the educational and administrative affairs of the college are committed to the dean and the college faculty, as delegated by the Board of Regents. All matters related to education, research, outreach and community engagement, and academic personnel are the responsibility of the faculty (as defined in Article III(1)(a) and (b) and the dean; all matters related to the general administrative affairs of the college are the responsibility of the dean, in consultation with members of the assembly.

In general the meetings of all committees established by this constitution will hold open meetings. Any committee established by this constitution may, by majority vote of those present at a meeting, close all or a portion of a meeting. The chair of the committee has the authority to determine who may remain in the meeting when a vote to close it has occurred.

Article II. The Dean

Section 1.  Appointment.  The dean will be appointed in the manner prescribed by the Executive Vice President and Provost.  The College Consultative Committee and members of the assembly expect to be involved in the search and selection process in an appropriate manner, including periodic appraisal on the conduct of the search and interviews with final candidates.  The college expects that the dean will be or will become a tenured member of the faculty in one of the departments of the college.  The college expects that a majority of the search committee will be faculty members whether from within or outside the college.

Section 2.  Accountability.  The dean is ultimately accountable for the quality of the faculty and the programs of the college.

Section. 3.  Duties and Authority.  The dean has general administrative authority over the college’s affairs and will:

1. Provide leadership in formulating policies and implementing procedures to strengthen the college’s teaching and learning, research and discovery, and outreach and engagement activities;
2. Appoint chairs of departments and directors of collegiate centers, following consultation with the members of the collegiate department or center;
3. Appoint associate and assistant deans and other college officials, following consultation with the senior leadership, delegating to them responsibility to assist in the discharge of certain duties and authorities of the dean as may be necessary or convenient. (See also Article V.);
4. Make recommendations to the Executive Vice President and Provost concerning faculty appointments and salaries following consultation with the department chair and faculty members;
5. Be responsible for developing and periodically reviewing departments and other programs on the dean’s initiative and as may be required by University policy;
6. Exercise final authority over preparing the college’s annual budget and make recommendations on it to the appropriate University officers, following consultation with the department chairs, the directors of centers, and the College Consultative Committee;
7. Maintain regular communication with faculty, staff, students, and other constituencies about the current status of college programs and changes under discussion;
8. Serve as the primary channel of communication for official college business and to other University authorities;
9. Appoint such advisory committees as deemed necessary by the dean;
10. Make such recommendations as are necessary to the President and to the Executive Vice President and Provost;
11. Lead efforts in fund raising and development; and
12. Take any other actions necessary and appropriate to maintain the quality of the college and advance the achievement of its mission, in consultation with the senior leadership team and College Consultative Committee.

Section 4.  Review.  Review of the dean will take place in the manner prescribed by the Executive Vice President and Provost.  The College Consultative Committee and the Academic Leadership Team expect to be involved in the review and expect that a review will take place no later than three years after the initial date of appointment.  The college also expects that the department chairs and center directors will be consulted during the review.

Article III. Members of the College

Section 1.  The Faculty

The faculty consists of three groups.

1. Tenured and Tenure-Track Faculty. The faculty includes faculty members who hold tenured or tenure-track appointments of 67%-time or greater who are budgeted in departments in the college. It also consists of members on leave or on phased retirement, the dean, and associate and assistant deans holding tenured or tenure-track appointments.

   Faculty members holding tenured and tenure-track appointments as defined in Board of Regents Policy: Faculty Tenure have primary responsibility for governance, research policy, curricular policy and degree requirements, and academic personnel allocation within their departments, in consultation with the dean or chair of the unit.

2. Contract Faculty The faculty also includes contract faculty (non-tenure-track, non-tenured) who hold appointments of 75% time or more and who are budgeted through the departments, centers, or the Office of the Dean for teaching and learning, research and discovery, and outreach and engagement, and extension faculty members not covered by Article III(1).

   Contract faculty may be appointed in departments, in college-wide centers, or in the dean's office.

3. Other Faculty. The faculty also includes adjunct, visiting, and temporary faculty members, and contract faculty members who have appointments of less than 67% time.  Adjunct faculty may come from another college in the University or from outside the University.  Faculty members holding adjunct, visiting, and temporary appointments, and those holding appointments of less than 67% time may not be elected to the Assembly as voting members nor are they counted in meeting voting requirements set forth in various places in this constitution.  Other faculty may speak at meetings of the Assembly and they may serve on departmental and college committees.  Departments may grant voting rights to other faculty on all matters except where such voting rights would violate Board of Regents Policy: Faculty Tenure, hiring decisions about faculty defined in section 1 of this Article III, or in matters related to hiring and promotion of faculty defined in section 2 of this Article III.

   This section III(1)(c) is not to be construed to be in conflict with Article IV(2)(c). Faculty members appointed by the dean to a department placed in receivership will have full voting rights irrespective of their other status in the University.

4. The faculty of the college defined in sections 1(a) and (b) of this Article III have the authority to meet alone, without the presence of the dean, any other college or university administrators, and with guests of their choosing or without any guests. For the purposes of this section, "faculty" does not include faculty members who hold decanal appointments of any kind. Department chairs may be excluded from such a meeting by majority vote of those present.  A meeting of the faculty may be called by majority vote of the faculty or on petition from any eight members of the faculty eligible to vote. 
5. The faculty of the College, by majority vote, may petition the Executive Vice President and Provost to remove the dean. Any faculty member in the college may take the responsibility for organizing and submitting the petition.
6. The college's representatives to the Faculty Senate will be elected from among the faculty defined in sections 1(a) and (b) of this Article III and those academic professional and administrative (P&A) appointees who are designated as "faculty-like" according to the definition established by the Faculty Senate constitution (in its Article IV, Section 2(d)). Elections will be held during spring semester and the dean's office is responsible for conducting the election.

   All faculty members defined in sections 1(a) and (b) and all P&A appointees who meet the Faculty Senate constitution definition of "faculty-like" are eligible to vote in elections for members of the Faculty Senate.

   All faculty members are subject to the provisions of Board of Regents Policy: Faculty Tenure.

Section 2. Academic Professional and Administrative Staff

The academic professional and administrative (P&A) appointees consist of professional personnel with appointments of 67% time or greater who are budgeted in departments, centers, or the Office of the Dean who carry out the research, teaching, and service functions of the College; administrative personnel who are involved in policy development or execution or in directing, coordinating, or supervising activities in the college; and P&A appointees on special program appointments in the college.  All P&A appointees, including those who are on leave, are eligible to serve on college and department committees.

Section 3.  Civil Service/Bargaining Unit Staff  

The civil service/bargaining unit (CS/BU) staff consists of all civil service/bargaining unit staff with appointments of 67% time or greater who are budgeted through units of the college. All CS/BU staff are eligible to serve on college and department committees.

CS/BU staff members with appointments of less than 67% time are not counted in meeting voting requirements set forth in various places in this constitution, but they may speak at meetings of the Assembly and they may serve on departmental and college committees whose membership is not prescribed by this constitution and bylaws.

Section 4. Students

The student constituency consists of all students who are actively enrolled in an academic program (including pre-majors) offered by the college.

Article IV. Governance

Faculty, staff, and students are expected to participate in the affairs of the college, including its governance mechanisms and committee structure.  Representatives from these groups will serve on college committees and will be chosen according to procedures specified in the bylaws.

All members of the college are governed by Board of Regents and University administrative policies.

Section 1.  The College Assembly.  The College Assembly serves as a forum for faculty, staff, and students to discuss important college-wide issues as well as an occasion to celebrate accomplishments and honors.  The dean will be given the opportunity to present an annual state-of-the-college address at the Assembly.

All members of the college are members identified in Article III are members of the Assembly.

Section 2.  College Consultative Committee. The College Consultative Committee is the elected representative consulting committee of the college. The committee sets its own agenda, but will, upon request from the dean, college committees, constituents, or upon its own initiative:

1. Review and make recommendations to the dean on policies affecting the college as a whole, including but not limited to college administration, human resources, admissions, teaching, service, academic standards, educational policies not within the purview of the Curriculum Council, research issues and policies, and reviews of departments and centers;
2. Review the college’s progress in operationalizing its mission; and
3. Consult with the dean on budgeting, strategic planning and the compact process, collaborations with state, national and international groups, and such other matters that the committee and the dean agree upon.

Section 3.  Professional and Administrative Council.  The Professional and Administrative Council is the elected representative committee of Professional and Administrative appointees. It will serve in an advisory role to the dean on matters concerning P&A appointees that are under the jurisdiction of the college and on any matter of college policy relevant to academic/administrative professional appointees.  The Council oversees and advises on policies and procedures regarding promotion of P&A appointees and will carry out ad hoc tasks as requested by the dean.

Section 4.  Staff Council.  The Staff Council is the elected representative body of Civil Service/Bargaining Unit staff and has responsibility for all matters of concern to those staff.  It will serve in an advisory role to the dean on matters concerning CS/BU staff that come under the jurisdiction of the college.  Bargaining Unit staff representation will be subject to contract specifications. Members may be appointed or elected.

Section 5. Student Boards.

1. Graduate Students in Education and Human Development. Graduate Students in Education and Human Development represents graduate and professional students and seeks to improve the quality of students’ academic, professional, social, and personal development while studying in the college, acts as liaison between the students and the faculty and administration of the college, advocates the incorporation of student views and opinions in the formulation of policies and procedures governing the college and the University of Minnesota, and promotes and funds student-initiated academic, professional, personal development and social programs. Graduate Students in Education and Human Development may establish its own constitution, bylaws, and operating practices, which may not conflict with this constitution and bylaws.
2. College of Education and Human Development Undergraduate Student Board. The Undergraduate Student Board represents undergraduate students and organizations in the college, seeks to enrich undergraduate students’ learning experience, provides academic-related services to college staff and students, and provides leadership opportunities to undergraduate students in the college. The Undergraduate Student Board may establish its own constitution, bylaws, and operating practices, which may not conflict with this constitution and bylaws.

Section 6.  Promotion and Tenure Committee. 

1. The Promotion and Tenure Committee is (1) responsible for reviewing the dossiers of (a) probationary faculty members being considered for promotion to associate professor and awarded tenure, (b) associate professors being considered for promotion to professor, (c) faculty members hired as associate professors or professors with tenure, and (d) faculty members hired as associate professors or professors without tenure and subsequently recommended for tenure or termination, and (2) advising the dean on whether a candidate should be granted tenure or promoted or, as applicable, both. The committee will review materials and circumstances in any extraordinary cases related to promotion and tenure (e.g., early termination of a probationary faculty member) and provide advice to the dean.  Only (full) professors with tenure may serve on the Promotion and Tenure Committee.
2. Selection of Promotion and Tenure Committee members and procedures the committee uses are set forth in College of Education and Human Development Promotion and Tenure Review Procedures.

Section 7.  Academic Leadership Team.  The department chairs will meet regularly, including with the dean and the senior leadership group.  The agenda of each meeting will be set by the dean, to bring issues for discussion. 

Section 8. Curriculum Council. The Curriculum Council (amended 5/30/19) (CC) shall:

1. Establish policies and provide leadership and guidance on educational issues of concern to faculty, students, and administration;
2. Review and make recommendations for proposed courses and programs offered wholly or in part in the College; and
3. Provide, on occasion, reviews of curricula and programs, both in conjunction with external reviews and as needed in the College.

Section 9. Student Disputes.

1. Student Scholastic Standing Committee. The Student Scholastic Standing Committee carries out responsibilities established by University administrative policy.
2. For all other student disputes, the matter will be handled in accord with applicable University policies and procedures.

Section 13. Grievances. When a faculty or staff member has a grievance or dispute that cannot be resolved informally without assistance from outside the college, the matter will be handled in accord with applicable University policies and procedures.

Section 14.  Secretary to the College.  

1. The Secretary to the College (appointed by the dean) is responsible for monitoring adherence to the provisions of this constitution and advising the dean when the college may not be doing so. The secretary is also responsible for ensuring that the elections required by the constitution and bylaws are conducted, for ensuring that appointments required are made, and for advising the dean on college adherence to its own and University policies.
2. The Secretary to the College is appointed by the dean following consultation with the College Consultative Committee, serves until replaced (at the discretion of the dean), and serves as an ex officio member of the College Consultative Committee.

Section 15. Formation and Dissolution of Other Committees. The dean in consultation with the College Consultative Committee may establish and dissolve additional committees beyond those established by this constitution.

Section 16.  Policy Adoption.  The college may adopt policies that do not conflict with policies of the Board of Regents or University-wide administrative policies and procedures.  Any individual or governance committee in the College may propose new policy, policy amendments, or the elimination of policy.  Committees asked to review policy proposals will make recommendations to the College Consultative Committee. The dean has final authority to approve or disapprove new policies, policy changes, or the elimination of policies.  Any college committee that has reviewed any proposal may make its own separate recommendation to the dean.

Article V. College Administration

Section 1. Associate and Assistant Deans.

1. Positions of associate and assistant deans may be proposed as warranted by the program needs of the college. Establishment of the positions of associate and/or assistant deans are the responsibility of the dean, who will consult with the college’s senior leadership group on the establishment or discontinuation of such positions. The dean may assign specific administrative duties to associate and assistant deans and may delegate executive authority to them. The dean will make known to the faculty and staff the principal areas of responsibility delegated to the associate and assistant deans.
2. Terms. Associate and assistant deans serve at the pleasure of the dean.

Section 2. Departments.

1. Definition. Departments are the basic organizational entity of the college and consist of a chair and all faculty, staff members, and students that the department may designate in accord with policies and practices of the college that have the approval of the dean. Departments may be titled as departments, institutes, schools, or other descriptors that may be adopted.  All tenured and tenure-track faculty members of the College must hold an appointment in a department, appointed pursuant to the provisions of Board of Regents Policy: Faculty Tenure and associated University administrative policies and procedures.
2. Changes. Proposals for change in the departmental structure must be approved by the dean of the college and will be made only after consultation with the faculty of the department(s) in consultation with senior leadership, as required by Board of Regents Policy: Faculty Tenure.
3. Department Chair Role and Responsibilities. In consultation with the dean and the appropriate associate and assistant deans, the chairs have responsibility for coordination of teaching and learning activities (including the assignment of courses to be taught), research and discovery, engagement and outreach, and continuing education programs. Department chairs are appointed by the dean, following consultation with the members of the department, for an initial period of three years, with the possibility of reappointment for subsequent three-year terms, but serve at the pleasure of the dean. The dean will conduct written annual performance evaluations of the chairs in addition to a comprehensive third year review

   The chairs will make recommendations to the dean on personnel matters and administer personnel policies after consultation with appropriate department faculty or staff in accordance with the unit’s written policies, procedures, and guidelines.

   The chairs will make recommendations to the dean on matters regarding department budgets after consultation with unit faculty and staff.

4. Receivership.  If, in the judgment of the dean, a department proves unable to govern itself or to manage its affairs, and following consultation with the senior leadership group, the dean may put a department into receivership.  "Receivership" means the dean may appoint (1) temporary additional faculty members (from within or outside the college), or (2) a temporary chair from outside the department, or both (1) and (2), for the purpose of restoring order.  Such appointments will be for no longer than two years.  Temporary appointees have full voting rights, including the right to vote on matters of educational policy, promotion, and tenure.  Throughout implementation of the receivership process the dean will respect the tenure rights of faculty members as provided in Board of Regents Policy: Faculty Tenure.

   This section (d) does not bar the dean from appointing a chair from within the department placed into receivership.

5. Faculty Petition. The faculty of a unit may, at any time, by majority vote, petition the dean to remove a department head. Any faculty member in the department may take the responsibility for organizing and submitting the petition.  Final authority to retain or remove a department head resides with the dean.

Section 3. College-wide Centers.  Following consultation with the senior leadership group, the dean may establish college-wide research and/or outreach and engagement centers with a multidisciplinary focus that report directly to the dean and that have administrative and budgetary responsibilities.

Section 4. Other College Units.  Following consultation with the senior leadership group, the dean may establish other offices or administrative units in the college to serve purposes that are integral to the College’s mission.   

Section 5.  Programmatic Change.  When the dean determines that academic program change is needed, including in particular the addition, dissolution, reorganization, or merger of academic units, programs, or centers, the dean will consult with the senior leadership group, and, as appropriate, the Curriculum Council, before making a final decision.  The authority to make programmatic change resides with the dean, subject to the provisions of Board of Regents Policy: Faculty Tenure, especially section 12.

Article VI. Interpretation

Final authority to interpret this constitution rests with the dean after receiving advice from the Constitution Committee and consulting with the Faculty Consultative Committee and the College Consultative Committee.

Article VII. Changes to the Constitution and Bylaws

Section 1. Amendments.  Proposed amendments to the constitution require (1) an affirmative vote by an absolute two-thirds majority of the College Consultative Committee, (2) an affirmative vote by a majority of eligible faculty casting votes, and (3) an affirmative vote by a majority of eligible staff voting.  Proposed amendments to the bylaws require an affirmative vote of an absolute majority of the College Consultative Committee.  Proposed constitutional and bylaw amendments will be brought, as appropriate, to academic departments, the Professional and Administrative Council, the Staff Council, the Graduate Students in Education and Human Development, and the Undergraduate Student Board for consultation before being acted on by the consultative committees and, in the case of constitutional amendments, submitted for a faculty and staff vote at least 30 days prior to a vote.  Constitutional and bylaw amendments may be proposed by any faculty member, staff member, or student in the college and should be directed to the dean for referral to the consultative committees.

The dean must approve all constitutional and bylaw amendments.  The executive vice president and provost must approve all constitutional amendments.

Section 2.  Clerical and Technical Changes.  The dean, with the approval of the College Consultative Committee, may make clerical and technical changes to this constitution that do not change its structure, processes, authority, or responsibilities.

Article VIII. Effective Date

Following broad consultation with faculty, staff, and students, this constitution will be in effect upon approval by (1) a majority of the eligible faculty and staff casting votes, (2) the dean, and (3) the executive vice president and provost. The effective date will be the date of provostal approval. Eligible faculty and staff are those defined in Article III(1)(a) and (b) and Article III(2).