Academic Articles

Letter of Authorization

May 3, 1997

At its meeting today, the Board of Trustees of the University unanimously approved the academic articles. The Trustees view the new academic articles as a significant forward step in enhancing academic life at Notre Dame and have asked me to extend their appreciation to all those faculty members, students, and members of the administration who have assisted in updating the articles that they might better meet the needs of our day.

ANDREW J. McKENNA
Chair Emeritus and Life Trustee

Preamble

These academic articles are written to enhance the capacity of the University to achieve its academic purposes. The articles define the structure of academic governance at the University, and the participation of faculty, students, and administrative officers therein, so that all who sustain the University’s academic life may unite in cooperative understanding and effort.

The academic articles themselves result from mutual communication and shared action. The process of their writing has been open to the views of the community; it has drawn upon ideas and language proffered by officially constituted bodies of the University; and it has culminated in the decisions of the Academic Council, a body whose membership represents the scope of the University’s academic concern. Founded on the principles of the previous manual, this document carries forward the cooperative will of the past, expresses that of the present, and assures cooperation for the future.

As accepted by the Board of Trustees, the final institutional authority of the University, the academic articles constitute the document by which academic government is entrusted to the faculty, the students, and the officers of administration. They thereby signify recognition by all groups of their interdependence and of the responsibility each bears to the others. In proposing academic policies, in considering their merits, and in deciding what policies shall be adopted for the University, trustees, administrators, faculty, and students recognize one another’s proper share of responsibility and are alert to ways of enhancing their corporate work.

The articles, however, can neither wholly embody nor effectively replace the deeper, more fundamental basis of successful governance: the community’s mutual respect and common concern. The University will face contingencies far wider than can be anticipated by a single document. The University can meet the future only because it can draw upon the community’s dedication to the well-being of its purposes and its people. The true basis of shared governance lies in the community’s continually developing common life, to which these written articles give an outward form and a record for the time.

Article I, Executive Administration

Section 1/The Governance of the University

The governance of the University is vested in the Fellows and Trustees as provided in the original charter, the statutes of the University, and the bylaws of the Board of Trustees. Such matters in these academic articles as are dealt with in the statutes or bylaws are understood to be derivative from and consonant with those documents.

Section 2/The President

The President is elected for an indefinite period by the Board of Trustees, after consultation with the faculty, from among the members of the Indiana Province of the Priests Society of the Congregation of Holy Cross in the United States. The President is the first officer of the University and is vested with full and final authority over all matters pertaining to its government, except as limited by the original charter, and the statutes and bylaws of the University. Ordinarily, the President is guided in setting policy and making decisions by consultation with the other officers, by the deliberations of the Academic Council, and by the recommendations of the Faculty Senate.

Section 3/The Acting President

In the absence of the President, the other officers serve as Acting President in the following order: provost, executive vice president, vice president and associate provost (in an order designated by the President), vice president for Student Affairs, vice president for Graduate Studies and Research, vice president for University Relations, vice president for Public Affairs and Communication, the vice president for Finance, vice president for Business Operations, and vice president and general counsel. Section 4/The Executive Vice President The executive vice president is elected by the Board of Trustees for an indefinite period upon recommendation of the President and assists the President in the work of general administration in whatever way the President may desire.

Article II, Academic Officers

Section 1/The Provost

The provost is elected by the Board of Trustees for an indefinite period upon recommendation of the President. The appointment is subject to formal review every five years.

When such an appointment is to be made, the President so advises the University through the Academic Council. The council then elects five members from its elected faculty representatives and one from its student representatives to constitute a committee chaired by the President. This committee receives and considers nominations including those received from the faculty. In addition, the President and the Board of Trustees receive nominations from appropriate sources, both within and without the University. When this procedure is completed, the President consults with the elected faculty members of the Academic Council regarding all serious candidates. Later, the President reports the complete results of this consultation to the Board of Trustees, along with a personal recommendation. For the five-year review, a similar committee is constituted, except that the President does not chair it. The five-year review of the provost shall include the provost’s responsibility for the performance of the associate provosts.

Within the framework of University policies and procedures, the provost has responsibility, under the President, for the administration, coordination, and development of all of the academic activities and functions of the University.

The provost is assisted in the duties of office by the vice president and senior associate provost, the vice presidents and associate provosts, as described in section 2, and by associate/ . assistant provosts who are appointed by the President. The associate/assistant provosts perform such duties and exercise such authority as may be delegated by the provost.

Section 2/The Vice Presidents and Associate Provosts

The vice president and senior associate provost and the vice presidents and associate provosts are elected by the Board of Trustees for an indefinite period upon recommendation of the President.

When such an appointment is to be made, the provost consults with the provost’s Advisory Committee and reports the complete results of this consultation to the President, along with a personal recommendation. Later, the President reports these findings to the Board of Trustees, along with a personal recommendation.

In the absence of the provost, the vice president and senior associate provost acts as provost. In the absence of the provost and the senior associate provost, a vice president and associate provost so designated acts as provost. The vice president and senior associate provost and vice presidents and associate provosts assist the provost in whatever way the provost may desire.

Section 3/The Vice President for Graduate Studies and Research/Dean of the Graduate School

The vice president for Graduate Studies and Research/dean of the Graduate School is elected by the Board of Trustees upon recommendation by the President; the appointment is subject to formal review every five years. When such an election is to be held, the provost so advises the faculty. In a joint session the Graduate Council and the University Committee on Research and Sponsored Programs then elect five members from among the faculty and one member from among the advanced students to constitute a committee chaired by the provost. The committee considers all nominations including those received from the faculty. The provost reports the recommendations of the committee to the President, along with a personal recommendation. For the five-year review, a similar committee is constituted except that the provost does not chair it.

Within the framework of University policies and procedures, the vice president for Graduate Studies and Research has responsibility under the Office of the Provost for the development and well-being of all postbaccalaureate work in the University and for the administration of the Graduate School, its programs, courses of studies, fellowships, and diverse activities.

The vice president for Graduate Studies and Research is, in particular, charged with the interpretation and administration of the academic regulations of the Graduate School, and is also responsible for the general supervision, administration, and development of research activities, including all sponsored programs, conducted by the University and its faculty. The vice president for Graduate Studies and Research is assisted in the duties of office by associate and assistant vice presidents, and by associate and assistant deans of the Graduate School who are appointed by the President and who perform such duties and exercise such authority as may be delegated to them by the vice president.

Section 4/Deans of Colleges

The dean of a college is appointed by the President, with the concurrence of the committee provided for in this section. The appointment is subject to formal review every five years. When such an appointment is to be made, the provost so advises the college through the College Council. The council then elects five members from among the professors and associate professors of the college and one member from among the students of the college to constitute a committee chaired by the provost. The committee receives and considers nominations, including those from the faculty of the college. The provost then reports the recommendations of the committee to the President, along with a personal recommendation. In addition, the President receives nominations from appropriate sources, both within and without the University. For the five-year review, a similar committee i s constituted, except that the provost does not chair i t and committee concurrence in action taken pursuant to the review is not required.

Within the framework of University policies and procedures, a dean has responsibility, under the Office of the Provost, for the administration, well-being, and development of the college, its faculty, courses of study, and other activities.

The dean is, in particular, charged with the interpretation and administration of the academic regulations of the college. The dean of a college is assisted in the duties of office by associate and assistant deans of the college, who are appointed by the President and who perform such duties and exercise such authority as may be delegated to them by the dean.

Section 5/Dean of the Law School

The dean of the Law School is appointed by the President; the appointment is subject to formal review every five years. When such an appointment is to be made or a review conducted, the provost consults formally with all regular faculty of the school. In appointment cases, a second such consultation later occurs concerning all serious candidates. No offer, formal or informal, is extended to any candidate for the deanship until the provost has provided the faculty with that candidate’s credentials and a full opportunity to react to that candidacy. In appointment and review cases, the provost gives the President both a personal recommendation and a full account of all consultations with the faculty.

Within the framework of University policies and procedures, the dean has responsibility, under the Office of the Provost, for the administration, well-being, and development of the Law School, its faculty, courses of study, and other activities.

The dean of the Law School is assisted in the duties of office by the associate and assistant deans, who are appointed by the President and who perform such duties and exercise such authority as may be delegated to them by the dean.

Section 5.1/Dean of the School of Architecture

The Dean of the School of Architecture is appointed by the President; the appointment is subject to formal review every five years. When such an appointment is to be made or a review conducted, the provost consults formally with all regular faculty of the school. In appointment cases, a second such consultation later occurs concerning all serious candidates. No offer, formal or informal, is extended to any candidate for the deanship until the provost has provided the faculty with that candidate’s credentials and a full opportunity to react to that candidacy. In appointment and review cases, the provost gives the President both a personal recommendation and a full account of all consultations with the faculty.

Within the framework of University policies and procedures, the dean has responsibility, under the Office of the Provost, for the administration, well-being, and development of the School of Architecture, its faculty, courses of study, and other activities.

The dean of the School of Architecture is assisted in the duties of office by the associate and assistant deans, who are appointed by the President and who perform such duties and exercise such authority as may be delegated to them by the dean.

Section 6/Dean of the First Year of Studies

The dean of the First Year of Studies is appointed by the President; the appointment is subject to formal review every five years. When such an appointment is to be made, the Academic Council elects five members from its elected faculty representatives and one member from its student representatives to constitute a committee chaired by the provost. The committee studies the qualifications of possible candidates and submits recommendations to the President. For the five-year review, a similar committee is constituted, except that the provost does not chair it.
Within the framework of University policies and procedures, the dean of the First Year of Studies has full authority in the general regulation and administration of the First Year of Studies. The dean is, in particular, responsible for the interpretation and administration of the academic regulations of the First Year of Studies.

The dean is responsible to the provost for the administration, well-being, and development of the First Year of Studies. The dean of the First Year of Studies is assisted in the duties of office by associate and/or assistant deans, who are appointed by the President and who perform such duties and exercise such authority as may be delegated to them by the dean.

Section 7/Chairpersons of Departments

The chairperson of a department is appointed by the President for a stated term, usually three years, and may be reappointed. When an appointment is to be made, the dean of the college consults formally with all departmental faculty and, when appropriate, with the vice president for Graduate Studies and Research. The dean of the college reports their recommendations to the provost, along with a personal recommendation. Procedure for reappointment is the same as for appointment.

Within the framework of University policies and procedures, the chairperson of a department has responsibility, under the dean of the college and, when appropriate, the vice president for Graduate Studies and Research, for the administration, well-being, and development of the department, its faculty, course of studies, and other activities. The chairperson of a department may be assisted in the duties of office by associate and/or assistant chairpersons, who are appointed by the President and who perform such duties and exercise such authority as may be delegated to them by the chairperson.

Section 8/Directors of University Institutes and Centers

Institutes and centers (and similar entities by other names such as laboratories or programs) are academic organizations devoted to research, scholarship, teaching, training, or service. Directors of such organizations, except those designated as University institutes, described below in this section, are appointed by either the President or the provost, or their designee, who determines the reporting responsibilities of the director.

The director of a University institute is appointed by the President. A University institute is a major academic organization with an ongoing and abiding purpose, and devoted to advanced study, teaching, and research in areas of sustained and decided interest to the University. Such an institute is governed by special statutes approved by the President upon recommendation of the Academic Council.

Within the framework of University policies and procedures, the director of a University institute has responsibility, under the provost and in cooperation with other appropriate academic officers, for the administration, well-being, and development of the institute, its faculty, staff, programs, and other activities.

Section 9/Director of University Libraries

The director of University Libraries is appointed by the President, with the concurrence of the committee provided for in this section. The appointment is subject to formal review every five years. When an appointment is to be made, the library faculty elects three of its members, and the Faculty Committee for University Libraries elects two members of the teaching and research faculty, to constitute a committee chaired by the provost. The committee receives and considers nominations. For the five-year review, a similar committee is constituted except that the provost does not chair it and committee concurrence in action taken pursuant to the review is not required.

The director of University Libraries is responsible for the development and security of the collection of books, manuscripts, and research materials of the University library system and for the general administration of all libraries, their services, and functions. The director is a member of the University Committee on Libraries and acts as executive officer of its policy decisions.

Section 10/Director of Continuing Education

The director of continuing education is appointed by the President and reports to the provost. Within the framework of policies and procedures set by the University Committee on Continuing Education, the director presents, and assists the academic units in presenting, conferences and other continuing education activities.

Section 11/Assistant Provost for Enrollment

The assistant provost for enrollment is appointed by the President and has responsibility, under the provost, for the admission of all undergraduate students. The assistant provost for enrollment is advised by the University Committee on Admissions, Scholarships and Financial Aid.

Section 12/Director of the Summer Session

The director of the summer session is appointed by the President and is an administrator within the Graduate School. The director is charged with the administration of the summer session, and is responsible to the provost and the vice president for Graduate Studies and Research for its operation.

Section 13/Director of the Snite Museum of Art

The director of the Snite Museum of Art is appointed by the President and has responsibility, under the provost, for the development and security of the art collection. Section 14/University Registrar

The University registrar is appointed by the President to assist the provost in the work of academic administration in whatever way the provost may desire. Section 15/University Archivist

The University archivist is appointed by the President and has responsibility under the provost for the collection and maintenance of the official records and papers of the University as well as other documents of enduring historical value.

Article III, The Faculty

Section 1/Membership

The faculty consists of the President; the academic officers identified in article II; the teaching and research faculty; the research faculty; the library faculty; the special professional faculty; and nonregular faculty.

Members of the clergy and of religious orders are appointed to the faculty on the same basis as all other members of the faculty, and all procedures and principles indicated in this article apply to them in their capacity as faculty.

Subsection (a) Teaching and Research Faculty

Members of the teaching and research faculty hold appointments in the academic departments of the University and have the ranks of professor, associate professor, assistant professor, and . instructor. The incumbent of an endowed chair is a member of the teaching and research faculty with the rank of professor.

Subsection (b) Research Faculty

Members of the research faculty have the ranks of research professor, research associate professor, research assistant professor, and research specialist. A member of the research faculty is a member of the faculty of the specific research organization to which an appointment is made as well as of the department that approves such an appointment. The approving department is indicated by title, e.g., research specialist in sociology, research associate professor in electrical engineering, research professor in microbiology.

Subsection (c) Library Faculty

Members of the library faculty have the ranks of librarian, associate librarian, assistant librarian, and staff librarian.

Subsection (d) Special Professional Faculty

Members of the special professional faculty have the ranks of professional specialist, associate professional specialist, and assistant professional specialist. (The rank of staff professional specialist also exists with the same notice periods as the assistant professional specialist, but no new appointments will be made to this rank after October 9, 1990.)

Subsection (e) Regular Faculty

Members of the faculty described in subsections (a) through (d) are regular faculty. Normally, members of the regular faculty hold full-time appointments. Part-time appointments to the regular faculty may be made for persons who for appropriate reasons cannot serve full-time, provided the service is at least half-time and that the individual is not employed outside the University. The responsibilities and privileges of regular faculty members on part-time appointments are the same in nature as, but on a proportionate scale to, those for members on full-time appointments.

Subsection (f) Nonregular Faculty

Besides the members of the regular faculty, other members of the faculty include visiting, adjunct, concurrent, guest, and retired emeritus and emerita faculty, and lecturers. Time spent on the faculty in any nonregular category is not counted for purposes of tenure. Members of the nonregular faculty have a voice in meetings of the faculty, but do not vote.

The nonregular titles are defined as follows:

Visitor: A visitor is a nonregular faculty member who assumes duties similar to a regular faculty member with an analogous title. A visiting faculty member normally has a full-time appointment in an academic department, institute, center, or program. A visiting appointment is always for a fixed term, typically one academic year in length. Normally a visiting appointment does not exceed two years.

Adjunct: An adjunct faculty appointment is a part-time position within an academic department; the appointment carries assigned teaching responsibilities that normally do not exceed two courses per semester. An adjunct appointment is for a fixed term up to one academic year in length, and may be renewed. An individual may hold adjunct appointments in more than one department. An individual holding a full-time faculty or staff position in another unit at the University normally would receive a concurrent appointment rather than an adjunct . appointment.

Concurrent: A concurrent faculty appointment is appropriate for staff or faculty who hold fulltime positions elsewhere in the University. Appointment to a concurrent position requires the recommendation of both the appointing department and the department in which the faculty member holds a full-time position. Compensation for a concurrent appointment is subject to certain limitations based on overall compensation from the University.

Guest: A guest faculty appointment is normally an uncompensated position for an individual with an extended visit to campus to participate in research or other scholarly programs. A guest appointment provides identification and access to University facilities and services for the period of the visit. A guest appointment is inappropriate for an individual who will not be physically present on campus and requiring campus services. The appointment should be for the actual period of the visit, but typically no longer than one year. A guest appointment is renewable.

Emeritus/Emerita: All retired faculty have access to University facilities, including library and computer network identification. Upon retirement from a full-time position, a teaching and research faculty member normally would be promoted to the title of emerita or emeritus. If a retired faculty person will be teaching, submitting grant proposals, managing research funds, or receiving University compensation for his or her scholarly activities, a letter of appointment is necessary. The term of an appointment, when necessary, normally coincides with the academic calendar and is renewable.

Lecturer: A lecturer appointment is used for an individual who visits campus for a short time, typically only part of a semester, for the purpose of presenting lectures or teaching, and who will need access to University facilities and services. The term of the appointment is for the period that the individual will be actually present on campus.

Subsection (g) Fellows of Institutes

Fellows of University institutes are members of the regular or nonregular faculty with a special relationship to University institutes. Their rights and responsibilities are defined by the constitutions of those institutes.

Section 2/Academic Freedom and Associated Responsibilities

Freedom of inquiry and freedom of expression are safeguarded by the University. The rights and obligations of academic freedom take diverse forms for the students, the faculty, and the administration; in general, however, they derive from the nature of the academic life, and they are consistent with the objectives of the University as a community that pursues the highest scholarly standards, promotes intellectual and spiritual growth, maintains respect for individuals as persons, and lives in the tradition of Christian belief.

Specific principles of academic freedom supported at the University include: freedom to teach and to learn according to one’s obligation, vision, and training; freedom to publish the results of one’s study or research; and freedom to speak and write on public issues as a citizen.

Correlative obligations include: respectful allowance for the exercise of these freedoms by others; proper acknowledgment of contributions made by others to one’s work; preservation of the confidentiality necessary in personal, academic, and administrative deliberations; avoidance of using the University to advance personal opinion or commercial interest; and protection, in the course of one’s conduct, utterances, and work, of the basic aims of the University and of its good name.

Section 3/Faculty Qualifications and Periods of Service

Subsection (a) Teaching and Research Faculty

The requirements for the rank of instructor are the same as those for assistant professor except that the instructor may not yet possess the doctor’s degree or its equivalent in certain fields. The appointment is ordinarily for a one-year period, and may be renewed twice. If the University chooses to terminate the services of an instructor at the end of a contract period, the University will give three months’ notice of such termination. If the instructor elects to terminate services, the University should be given three months’ notice of such termination. Time spent at this rank does not count toward tenure.

The assistant professor should ordinarily possess the doctor’s degree or its equivalent, or, in certain fields, the appropriate professional degree or license. The assistant professor should have demonstrated teaching ability, promise as a scholar, interest in students, and a genuine spirit of study necessary to keep courses continually revised and to assure growth in knowledge and maturity. The initial appointment is ordinarily for a three-year period, but salary is reviewed each year. If the University chooses to terminate the services of an assistant professor at the end of a contract period, the University will give 12 months’ notice of such termination. If an assistant professor elects to terminate services, the University should be given three months’ notice of such termination, and the end of the notice period should coincide with the end of an academic year. An appointment as assistant professor may be made for a period of one year. In this case, if the University chooses to terminate the services of the assistant professor at the end of the contract period, the University will give six months’ notice of such termination; if the assistant professor elects to terminate services, the University should be given three months’ notice of such termination.

The associate professor should possess the doctor’s degree or its equivalent or, in certain fields, the appropriate professional degree or license. The associate professor should have demonstrated outstanding teaching ability, growth in knowledge and maturity, salutary influence upon students, and standing among colleagues. Notable achievement in scholarship, as shown by significant publication or its equivalent or, where appropriate, by meaningful contributions to public service, will ordinarily be required for this rank. The salary of an associate professor is reviewed each year. If the University chooses to terminate the services of an associate professor without tenure at the end of a contract period, the University will give 12 months’ notice of such termination. If an associate professor elects to terminate services, the University should be given four months’ notice of this termination, and the end of the notice period should coincide with the end of an academic year.

The professor should possess the qualifications required for appointment as associate professor, should have maintained excellence in teaching, and should have gained widespread recognition as a scholar. The holder of an endowed chair should have achieved distinction as a scholar. Principles regarding review of salary and notice periods are the same for this rank as for associate professor.

Subsection (b) Research Faculty

The requirements for the rank of research specialist are the same as those for a research assistant professor, except that the research specialist may not yet possess the doctor’s degree or its equivalent in certain fields. The appointment is ordinarily for a one-year period, with renewal from year to year by mutual agreement. If the University chooses to terminate the services of a research specialist at the end of a contract period, the University will give three months’ notice of such termination. If the appointee elects to terminate services, the University should be given three months’ notice of such termination.

The research assistant professor should ordinarily possess the doctor’s degree or its equivalent or, in certain fields, the appropriate professional degree or license. The research assistant professor should have demonstrated research ability, promise as a scholar, interest in students, and a genuine spirit of study necessary to assure growth in knowledge and maturity. The initial appointment is ordinarily for a one-year period. The appointment may be renewed on mutually agreeable terms, and salary is reviewed each year. If the University chooses to terminate the services of the research assistant professor at the end of a contract period, the university will give six months’ notice of such termination. If the research assistant professor elects to terminate services, the University should be given three months’ notice of such termination.

The research associate professor should possess the doctor’s degree or its equivalent or, in certain fields, the appropriate professional degree or license. The research associate professor should have demonstrated outstanding research ability, growth in knowledge and maturity, salutary influence upon younger colleagues and students, and standing among colleagues. Principles regarding review of salary and notice periods are the same for this rank as for research assistant professor.

The research professor should possess the qualifications required for appointment as a research associate professor and beyond these should have gained widespread recognition for contributions to a field of knowledge. Principles regarding review of salary and notice periods are the same for this rank as for research assistant professor.

Subsection (c) Library Faculty

The staff librarian should possess a professional library degree from an accredited library school. Salary is reviewed each year. If the University chooses to terminate the services of a staff librarian at the end of a contract period, the University will give three months’ notice of such termination. If the appointee elects to terminate services, the University should be given three months’ notice of such termination.

The assistant librarian should possess a professional library degree from an accredited library school and have a minimum of three years of qualifying professional library experience. Graduate studies beyond or other than the professional library degree may be substituted in whole or in part for experience. The assistant librarian should give evidence of continuing professional growth and maturity. Salary is reviewed each year. If the University chooses to terminate the services of an assistant librarian at the end of a contract period, the University will give six months’ notice of such termination. If the assistant librarian elects to terminate services, the University should be given three months’ notice of such termination.

The associate librarian should possess a professional graduate library degree from an accredited library school and have a minimum of six years of qualifying professional library experience. An additional graduate degree may be offered as a partial substitute for experience. The associate librarian should have demonstrated outstanding professional ability, growth in knowledge and maturity, salutary influence on students, and standing among colleagues. Publication or other productive scholarship will ordinarily be required for this rank. Salary is reviewed each year. Principles regarding notice periods are the same for this rank as for assistant librarian. The librarian should possess the qualifications required for appointment as an associate librarian and beyond these should have gained widespread recognition for extraordinary professional ability and for contributions to scholarship. Principles regarding review of salary and notice periods are the same for this rank as for associate librarian.

Subsection (d) Special Professional Faculty

Members of the special professional faculty are professionals who make a direct and significant academic contribution to the educational process at the University through teaching, research or administration.

The assistant professional specialist ordinarily should possess at least the master’s degree or its equivalent or, in certain fields, the appropriate professional degree or license. The initial appointment i s ordinarily for a one-year period. The appointment may be renewed on mutually agreeable terms. Salary is reviewed each year. If the University chooses to terminate the services of the assistant professional specialist at the end of a contract period, the University will give six months’ notice of such termination. If the assistant professional specialist elects to terminate services, the University should be given three months’ notice of such termination.

The associate professional specialist should possess the qualifications required for appointment as an assistant professional specialist. A minimum of six years of qualifying professional experience, of which at least three are at the rank of assistant professional specialist, will ordinarily be required. The associate professional specialist should have demonstrated outstanding professional ability, growth in knowledge and maturity, standing among colleagues and, where applicable, salutary influence on students. Salary is reviewed each year. Principles regarding notice periods are the same as for assistant professional specialists. The professional specialist should possess the qualifications required for appointment as an associate professional specialist, ordinarily possess the doctor’s degree or its equivalent, and beyond these should have gained widespread recognition for excellence in the field. Principles regarding review of salary and notice periods are the same for this rank as for associate professional specialists.

Subsection (e) Qualifications for Conducting Courses

Anyone having general responsibility for the conduct of a course carrying academic credit must be (1) a member of the teaching and research faculty; (2) a member of any other faculty category whose appointment has been approved for the purpose of conducting a course pursuant to procedures set out in article III, section 4(a); or (3) a graduate assistant duly appointed to teach the course by the chairperson of the department, acting with the departmental Committee on Appointments and Promotions (or by the head of any appropriate academic unit, acting with an appropriate committee of that unit), and approved by the dean. Such graduate assistants should have demonstrated preparation for teaching.

Section 4/Procedure for Appointment, Reappointment, and Promotion

Subsection (a) Teaching and Research Faculty

Appointments and reappointments to, and promotions in, the teaching and research faculty are made by the President, after the following procedures have been carried out. Although anyone may recommend, the formal procedure for determining recommendations is initiated by the chairperson of the department, acting with the departmental Committee on Appointments and Promotions. A faculty member under consideration for reappointment or promotion must be notified by the chairperson in advance of the evaluation process and invited to submit any statement or evidence on the faculty member’s own behalf that might be of use to the committee in its deliberations. The chairperson of the department submits written recommendations, along with a written report, approved by the committee, of its deliberations and recommendations, to the dean of the college, who then submits these recommendations to the provost, along with a written personal recommendation. If the dean anticipates disagreement with the recommendation of either a departmental committee or a departmental chairperson, the dean consults formally with the chairperson and the committee jointly before submitting the written personal recommendation to the provost. The results of any such consultations are forwarded to the provost along with the recommendations. The provost, after consultation with such advisers as the provost may choose, submits all recommendations, both positive and negative, and including a personal recommendation, to the President for final action. For reappointment, promotion, and tenure decisions, the provost ordinarily will consult with the Provost’s Advisory Committee before making a recommendation to the president.

Appointments to endowed chairs follow the same procedures, with the following modifications. The dean appoints a review committee consisting of faculty members from other departments, colleges or universities, including at least one incumbent of an endowed chair. This committee assesses all nominees and advises the dean as to their quality. The dean submits the recommendations from the department, along with a personal recommendation and a report from the review committee for all nominees, to the provost. When in the dean’s view a conflict of interest makes it desirable, the dean may require that internal and external candidates be treated separately, with nominations of internal candidates going directly to the review committee. In any event, the dean may require the department to submit the full credentials of more than one candidate.

Whenever the ultimate decision concerning reappointment, promotion, or tenure is negative, the chairperson of the department, upon request of the faculty member concerned, conveys the reasons for this negative decision to the faculty member.

Whenever a recommendation made by a departmental committee is not accepted by the provost or the President, the reasons for such nonacceptance are conveyed to the committee through the dean.

Subsection (b) Research Faculty

Appointments and reappointments to, and promotions in, the research faculty are made by the President, after the following procedures have been carried out. Although anyone may recommend, the formal procedure for determining recommendations is initiated by the chairperson of the approving department {see section 1, subsection (b)}, acting with the departmental Committee on Appointments and Promotions. The formal procedure for appointments, reappointments, and promotions may be initiated also by the director of a University institute. In such case, the director refers further consideration to the department involved in the particular appointment. A faculty member under consideration for reappointment or promotion must be notified in advance of the evaluation process and invited to submit any statement or evidence on the faculty member’s own behalf that might be of use in the deliberations. The appropriate chairperson or director submits written recommendations, along with a written report, approved by the appropriate Committee on Appointments and Promotions, of its deliberations and recommendations, to the dean of the college or school, who then submits these recommendations to the provost, along with a written personal recommendation. If the dean anticipates disagreement with the recommendations of the appropriate departmental chairperson (or institute director), or with the committee, the dean consults formally with the chairperson (or the director) and the committee jointly before submitting the written personal recommendation to the provost. The results of any such consultations are forwarded to the provost along with the recommendations. The provost, after consultation with such advisers as the provost may choose, submits all recommendations, both positive and negative, and including a personal recommendation, to the President for final action.

Whenever the ultimate decision concerning reappointment or promotion is negative, the chairperson or director, upon request of the faculty member concerned, conveys the reasons for this negative decision to the faculty member.

Whenever a recommendation made by a departmental committee is not accepted by the provost or the President, the reasons for such nonacceptance are conveyed to the committee through the appropriate dean or director.

Subsection (c) Library Faculty

Appointments and reappointments to, and promotions in, the library faculty are made by the President. Although anyone may recommend, the formal procedure for determining recommendations for appointment, reappointment, and promotion is initiated by the director of University Libraries in consultation with the Committee on Appointments and Promotions. A faculty member under consideration for reappointment or promotion must be notified in advance of the evaluation process and invited to submit any statement or evidence on the faculty member’s own behalf that might be of use in the deliberations. Thereafter, the director of University Libraries submits written recommendations to the provost. The provost, after consultation with such advisers as the provost may choose, submits all recommendations, both positive and negative, and including a personal recommendation, to the President for final action.

Whenever the ultimate decision concerning reappointment or promotion is negative, the director of libraries, upon request of the faculty member concerned, conveys the reasons for this negative decision to the faculty member.

Whenever a recommendation made by the library Committee on Appointments and Promotions is not accepted by the provost or the President, the reasons for such nonacceptance are conveyed to the committee through the provost.

Subsection (d) Special Professional Faculty

Appointments and reappointments to, and promotions in, the special professional faculty are made by the President, after the following procedures have been carried out. Although anyone may recommend, the formal procedure for determining recommendations may be initiated by the chairperson of a department, by the director of a University institute, or by the head of any other appropriate University unit. In cases initiated by the chairperson of a department, the chairperson submits a written recommendation to the dean of the college, who submits this recommendation to the provost, along with a written personal recommendation. In other cases, the director or head of the unit makes recommendations directly to the provost. A faculty member under consideration for reappointment or promotion must be notified in advance of the evaluation process and invited to submit any statement or evidence on the faculty member’s own behalf that might be of use in the deliberations. The provost, after consultation with such advisers as the provost may choose, submits all recommendations, both positive and negative, and including a personal recommendation, to the President for final action.

Whenever the ultimate decision concerning reappointment or promotion is negative, the chairperson or director, upon request of the faculty member concerned, conveys the reasons for this negative decision to the faculty member.

Subsection (e) Other Appointments

Appointment to a nonregular-faculty category is made by the provost upon the recommendation of a chairperson of a department, the director of a University institute, or a dean. Appointments as fellows are made by the provost on the recommendation of a director of a University institute, in accordance with the constitution of the institute. Subsection (f) Allegations Involving Academic Freedom, Personal Bias, Procedural Error, or Sex Discrimination

1. By a member of the teaching and research faculty

If a member of the teaching and research faculty alleges that a decision against reappointment, promotion, or promotion to tenure of that faculty member violates academic freedom or is due to personal bias or procedural error, the faculty member notifies the University Committee on Appeals, with a copy to the provost, in writing before October 1 of the year of decision.

The burden of presentation and of establishing a prima facie case rests with the appellant. A prima facie case is one that has sufficient evidence to establish a violation of academic freedom, personal bias, or procedural error, were such evidence not contradicted and overcome by other evidence. If the University Committee on Appeals is satisfied that there is a prima facie case, the University Committee notifies the provost, who initiates the election of three faculty members to review the allegations: these three constitute the Collegiate Appeals Committee. The council of the faculty member’s college elects the Collegiate Appeals Committee, all members of which must be tenured and none of whom may be from the appellant’s department. If, however, the appellant is from the Law School or the School of Architecture, the appellant designates a college from which the college council elects the Collegiate Committee from among its tenured faculty members. Any person who has had prior involvement with the case, either directly or indirectly, should recuse himself or herself and, if necessary, a replacement should be elected.

One member of the University Committee on Appeals is selected by that committee to advise the Collegiate Committee. Both the Collegiate Committee and the University Committee have confidential access to all necessary information. The provost resolves any dispute concerning such access to confidential information. The Collegiate Committee may interview people, but all interviews must be conducted by the full committee and not by individual members.

The Collegiate Committee does not consider whether the reappointment or promotion should have been made, but only whether a violation of academic freedom, personal bias, or procedural error that likely affected the outcome has occurred. The Collegiate Committee makes its confidential report to the University Committee on Appeals.

If the University Committee on Appeals determines by majority vote of the full committee that there has been a violation of academic freedom, personal bias, or procedural error of such magnitude that there was a substantial likelihood that it affected the outcome, the entire reappointment or promotion process is begun anew. The University Committee notifies the provost in writing, signed by all members, of its determination and the reasons therefor. The University Committee’s report to the provost must include a full copy of the Collegiate Committee’s report. When, pursuant to this subsection, the process is begun anew, the provost appoints a monitor, and takes whatever additional measures are necessary, to ensure that the violation, bias, or error does not recur. The monitor, who may have served on the Collegiate Committee, has access to the University Committee’s report. The monitor tracks the case through the rehearing, attending the meetings of the committees involved in the violation, bias, or error.

The decision of the University Committee on Appeals regarding an allegation pursued under this subsection normally occurs, and is communicated to the appellant, by December 31 next following the filing of the appeal. The communication to the appellant includes the conclusions of the Collegiate Committee and, if the decision of the University Committee on Appeals differed from those conclusions, a brief explanation for the difference.

If a member of the regular faculty alleges that a decision against reappointment, promotion, or promotion to tenure of that faculty member is the product of discrimination on the basis of sex, the faculty member may proceed with an appeal as outlined in Appendix A to these articles.

2. By a member of the research faculty, library faculty, or special professional faculty

If a member of the research faculty, library faculty, or special professional faculty alleges that a decision against reappointment or promotion of that faculty member violates academic freedom or is due to personal bias or procedural error, the faculty member notifies the provost in writing before October 1 of the year of decision. The provost then initiates the election of a committee of three faculty members, none below the rank of associate, to review the allegations. If the appellant is a member of the research faculty, the council of the faculty member’s college elects the committee, none of whose members may be from the appellant’s department. If the appellant is a member of the library faculty, the library faculty elects the committee. If the appellant is a member of the special professional faculty, the special professional faculty elects the committee.

The burden of presentation and of establishing a prima facie case rests with the appellant. A prima facie case is one that has sufficient evidence to establish a violation of academic freedom, personal bias, or procedural error, were such evidence not contradicted and overcome by other evidence. If there is a prima facie case, the committee pursues the investigation. The committee has confidential access to all necessary information. The provost resolves any dispute concerning such access.

The committee does not consider whether the reappointment or promotion should have been made, but only whether a violation of academic freedom, personal bias, or procedural error that likely affected the outcome has occurred. The committee then makes its confidential report to the provost.

If, in consultation with the President, the provost determines that there has been a violation of academic freedom, personal bias, or procedural error of such magnitude that there was a substantial likelihood that it affected the outcome, the entire reappointment or promotion . process is begun anew. When, pursuant to this subsection, the process is begun anew, the provost appoints a monitor, and takes whatever additional measures are necessary, to ensure that the violation, bias, or error does not recur. The monitor, who may have served on the review committee, has access to the committee’s report. The monitor tracks the case through the rehearing, attending the meetings of the committees implicated in the violation, bias, or error. The decision of the provost regarding an allegation pursued under this subsection normally occurs, and is communicated to the appellant, by December 31 next following the filing of the appeal. The communication to the appellant includes the conclusions of the review committee and, if the decision of the provost differs from those conclusions, a brief explanation for the difference.

If the provost is immediately involved in an allegation under this subsection, the review committee makes its confidential report to the President. In that event, the President makes the determination concerning the alleged violation, bias, or error, makes the communication to the appellant, and takes the precautionary measures called for by this subsection.

If a member of the research faculty, library faculty, or special professional faculty alleges that a decision against reappointment, promotion, or promotion to tenure of that faculty member is the product of discrimination on the basis of sex, the faculty member may proceed with an appeal as outlined in Appendix A to these articles.

Section 5/Tenure

Subsection (a) Qualification for Tenure

Tenure is permanence of appointment. Its principal purpose is the protection of academic freedom. Tenure may be granted to and held only by members of the teaching and research faculty holding University appointments at ranks other than instructor. Tenure is granted only in writing, in a contract or letter of appointment. Members who are appointed or promoted to the rank of professor or associate professor, except in the Law School, will not be retained without tenure for longer than four years (if that entails concluding with a fall semester, then four-and-one-half years) total service at Notre Dame, including service at previous regular teaching and research ranks other than instructor. Members who are appointed to or promoted to the rank of assistant professor will not be retained in that rank without tenure for longer than seven years of service (respectively sevenand- one-half years).

The probationary periods specified in this subsection are increased by one year for each appointment extended pursuant to the University policy on primary caregivers. In no event, however, is a probationary period increased, under this policy or otherwise, more than a total of two years (respectively two-and-one-half years). Nothing in this subsection (a) prevents the offer of tenure to a member who has served less than the specified maximum probationary period.

Evaluation of a member for tenure should generally be guided by, among other considerations, the criteria for appointment or promotion to the rank of associate professor set out in section 3. Granting of tenure will not, however, necessarily entail promotion to that rank for assistant professors.

Subsection (b) Discontinuance of an Academic Division

Discontinuance of one of its academic divisions may oblige the University to terminate the services of faculty in that division. A bona fide effort shall be made to relocate elsewhere in the University such faculty members, especially those with tenure. If a faculty member’s appointment is terminated for this reason, it shall be continued for at least 12 months from the date of notification.

Subsection (c) Concurrent Appointments

When administrators (other than departmental chairpersons) or members of other faculties are given a concurrent appointment to the teaching and research faculty, such time is not computed toward tenure, unless otherwise specified in a letter of appointment.

Subsection (d) Dismissal

Except for circumstances described in subsection (b), or circumstances of extreme financial exigency to the University, faculty members with tenure may be dismissed only for serious cause, as provided in section 6 of this article.

Section 6/Dismissal for Serious Cause

Subsection (a) Definition of Serious Cause

The University may terminate the services of any member of the faculty for serious cause. “Serious cause” consists of one of the following: dishonesty, professional incompetence or continued neglect of academic duties, regulations, or responsibilities; conviction of a felony; continual serious disrespect or disregard for the Catholic character of the University; or causing notorious and public scandal.

Subsection (b) Procedures for Establishing Serious Cause for Dismissal

If it is necessary to consider the dismissal of a faculty member for serious cause, the following criteria and procedures are observed. Before formal charges involving dismissal for such cause are brought against a faculty member, the provost appoints two members of the Academic Council to attempt conciliation in private. If conciliation fails and if the accused faculty member requests a hearing, the administration informs the accused of the charges in writing and makes its charges known to the Academic Council. The Academic Council elects a committee of five tenured members from the teaching and research faculty to conduct a formal hearing. The accused faculty member is given reasonable time to prepare the defense. At the hearing the faculty member has the right to bring counsel, to confront the accusers and adverse witnesses for questioning, and to present witnesses in that faculty member’s own behalf. A full stenographic report of the hearing is made available to all parties. The hearing committee presents in writing its findings and recommendations to the provost and to the accused faculty member. On the basis of the committee’s report, the provost makes a determination of the case and informs the charged faculty member and the members of the hearing committee in writing of the decision. If the decision is for dismissal, the faculty member has the right to appeal to the President of the University within 10 days after receipt of notice of the decision. If there is an appeal, the President directs the Academic Council to elect a review board of five tenured members, none of whom served on the hearing committee, to study the case and submit a recommendation to the President, who then makes the final decision.

In cases where the cause is notorious and public scandal or conviction of a felony, dismissal may immediately follow the final decision as reached by the procedures defined above. For any other serious cause, dismissal will be effective one year after notice of the final decision to the member, or at the expiration of the period fixed in the contract for services, whichever date first occurs.

Subsection (c) Suspension In extraordinarily grave cases, the President may, pending execution of the procedures set out in article III, section 6, subsection (b), immediately suspend a faculty member from participation in all University activities. In all cases arising under section 6, the accused faculty member, even if suspended, is entitled to full salary at least until the final decision provided for under that section is reached.

Section 7/Contracts for Services

The agreement for faculty services between the University and a member of the faculty is stated in a written contract. Nothing in a contract or untenured appointment implies an undertaking by the University to reappoint that member of the faculty.

Section 8/Faculty Services

The University expects members of the faculty to make contributions to sound instruction and to significant scholarly inquiry. Members of the faculty have the further obligation to participate in the processes by which the conditions for teaching, learning, and scholarly inquiry are determined and administered in the University. Also, members of the faculty are available to students for that further kind of tutelage that ranges beyond the strictly academic.

The University acknowledges that public service to society beyond the campus and the academic community, when consistent with one’s obligations to the University, appropriately enhances one’s academic services.

The University encourages each of its departments, schools, or institutes to call upon the services of an individual member of the faculty according to that member’s current interests and talents, and in light of the aims and needs of the program.

For each semester, the chairperson, dean, or director devises for each member of the faculty a schedule of service to the program. This schedule is presented to the appropriate administrators for review, coordination, and approval.

Members of the faculty are required to attend formal meetings of the faculty of the University, college or school, and department as appropriate, and to attend, in academic garb when requested, commencement exercises and other formal academic events.

Section 9/Faculty Grievance Procedures

A grievance is a claim by a faculty member to have suffered substantially unfair or unprofessional treatment in matters unrelated to dismissal or severe sanctions, compensation, reappointment, promotion, or tenure. Examples of grievable actions include, but are not limited to: violations of academic freedom; arbitrary changes in teaching assignments or workloads; involuntary repositioning within the University; and unilateral alteration of the terms of . appointment.

A faculty member asserting a grievance should, before invocation of the procedure below, seek informal resolution by making the grievance known to administrators in successive echelons until the matter is satisfactorily resolved, or until the grievance is denied by the appropriate dean or director. If the attempt to achieve a resolution fails, the aggrieved may submit a written petition to the chairperson of the Faculty Grievance Committee (hereafter “the committee”). (See subsection (a) below.)

The petition, accompanied by any supporting documentation i n the petitioner’s possession, should set forth in detail the nature of the grievance and the person against whom the grievance is directed.

The chairperson of the Faculty Grievance Committee appoints a panel of three members from the committee.

The panel must consult with the grievant, the person against whom the grievance is directed and, as necessary, with other members of the faculty and administration and will conduct such other investigation as the panel deems appropriate. In any investigation, the panel has confidential access to all necessary information. In any dispute concerning such access the provost and the chairperson of the Faculty Grievance Committee will seek a resolution. Should no resolution be possible, the President will have final authority and must provide, in writing, a compelling reason if access to requested information is denied. The panel will take all steps necessary to protect confidential statements and materials.

At all stages of its process, the panel should seek settlement of the grievance satisfactory to the parties. If in the opinion of the panel such a settlement is either impossible or inappropriate, the panel, at the conclusion of its process, issues its written recommendations to the parties, and both a written report and recommendations to the provost who makes the decision.

Absent extenuating circumstances, the panel should complete its process within 60 days of its receipt of the petition.

Upon receipt of the report, the provost may either render a decision or ask the panel to investigate and consider the matter further.

If the provost i s i mmediately i nvolved i n the grievance, the report and recommendations go to the President for a decision.

If redress is recommended by the panel, but denied by the provost or President, that administrative official meets with the panel, and also with the petitioner, and gives the petitioner, in writing, compelling reasons for rejecting the recommendations.

The panel maintains the strictest confidence consistent with its duties. This includes all proceedings, investigations, or discussions, all information or documents secured, and all recommendations made in connection with their responsibilities under this section. Nothing in this section entitles any petitioner to access any confidential information.

Subsection (a) Composition of the Faculty Grievance Committee

The committee consists of nine members, one of whom is elected by and from each of the following: the faculty of the College of Arts and Letters; the faculty of the College of Science; the faculty of the College of Engineering; the faculty of the Mendoza College of Business; the faculty of the Law School; the faculty of the School of Architecture; the library faculty; the special professional faculty; and the research faculty. Members serve staggered, three-year terms. No one may serve two consecutive terms. The chairperson, elected yearly by the committee, sends a written report annually to the Academic Council before the beginning of each academic year. The report includes only the total number of grievances filed during the preceding year and the general categories into which the grievances fell.

Section 10/Faculty Salaries

The services of members of the teaching and research faculty are usually engaged for the academic year of two semesters; and in such cases salaries are for services during that period. If appointed for the summer session, such members receive additional compensation.

In other cases the services of members of the faculty are usually engaged for the full year of 12 months. Such members serve in the summer period without additional compensation. Research and study are also recognized as summer services, and periodic summer leaves of absence with pay can be granted to members who are on full-year contracts.

Members who are engaged in University research projects supported by outside agencies during the periods for which their services are contracted are not compensated for such work in addition to their regular salaries.

Section 11/Leave of Absence

Consistent with its views on faculty services, the University recognizes the importance, for its own well-being, of faculty leaves of absence. The University does not, however, subscribe to rigid formulae for such leaves. Requests for a leave of absence must ordinarily be submitted to the chairperson of the department or other appropriate academic officer at least six months in advance of the beginning of the period of leave requested. Leave of absence is also granted as indicated in the medical leave of absence policy and the family and medical leave policy. Leave of absence officially granted by the University with or without remuneration is counted as service for purpose of tenure and promotion unless otherwise expressly stipulated.

Section 12/Retirement

A member of the faculty may retire and become emeritus on the first day of September following the faculty member’s 65th birthday. A faculty member who has attained age 55 with 15 years of service or age 62 with 10 years of service may retire and become emeritus at an earlier age. A faculty member may also retire at an earlier age due to disability as established under the University’s long-term disability plan.

Some retired faculty members may be permitted to continue active service beyond their retirement date. Such active service shall be on a year-to-year appointment basis.

Retired faculty are permitted to use the University facilities for study and research, as available, and are eligible to receive support from the University’s research fund.

Article IV, Organization of the Faculty

Section 1/Academic Organization

The faculty is organized into colleges, schools, departments, institutes and centers, and the library.

Section 2/Meetings

The faculty as a whole meets at least once a year on a date fixed by the President. Additional regular or special meetings may be called at the President’s discretion.

The faculty of each academic organization meets at least once each semester to consider the business, policies, and development of its interests. Meetings are called by the appropriate academic officer; such a meeting must be called, and/or an item placed on the agenda, upon written petition of at least 25 percent, or 25 members, of the faculty concerned, whichever is smaller, unless otherwise expressly stipulated herein. A department may place any item on the agenda of its college or school meeting. Recommendations of individual members of the faculty for the agenda should be made to the appropriate academic officer at least one week in advance. The appropriate academic officer chairs such meetings, or may choose to have such meetings chaired by a faculty member elected for that purpose.

Ex officio members of the Academic Council and of the college councils may, if necessary, be represented at meetings by their deputies. Elected members may be represented by elected alternates. In both cases the substitutes have speaking but not voting privileges.

Minutes of all meetings are recorded and distributed promptly to the faculty of the academic organization involved, the President of the University, the provost, the dean of the college, and, where appropriate, the vice president for Graduate Studies and Research. Section 3/Committees of the University

Subsection (a) The Academic Council

The Academic Council consists of the President, who chairs the council; the provost; the executive vice president; the vice president and senior associate provost; the vice presidents and associate provosts; the vice president for Student Affairs; the vice president for Graduate Studies and Research; the chairperson of the Faculty Senate and the chairpersons of the four standing committees of the Faculty Senate; the deans of the colleges; the dean of the Law School; the dean of the School of Architecture; the dean of the First Year of Studies; the director of University Libraries, and 20 elected faculty members and three additional faculty-at-large ap- pointed by the chair of the Academic Council. In addition, there are six student members: one is the academic commissioner of the student government, another a student from the Graduate School, one from the other programs of advanced studies, and three undergraduates from the three colleges not represented by the academic commissioner of the student government. Student members are selected according to procedures approved by the Academic Council.

The faculty members are elected by and from the faculty of the respective colleges, the School of Architecture, and the Law School, as well as the library faculty and the special professional faculty, in numbers proportional to the size of the faculty involved, except that each category of faculty shall elect at least one member. Faculty members are elected by simple majority vote, and they are elected and may be reelected, for a term of three years, in such a manner that one-third of the elected membership is elected each year.

The principal functions of the council are to determine general academic policies and regulations of the University; to consider the recommendations of the Graduate Council; to approve major changes in the requirements for admission to and graduation from the colleges and schools and in the program of study offered by colleges, schools, and departments; to authorize the establishment, major modification, or discontinuance of any academic organization or degree program of the University; and to provide for review, amendment, and final interpretation of the academic articles, without prejudice to article V. The decisions of the council are by majority vote and are subject to the approval of the President.

The council meets at least once each semester. Meetings are called by the President. The President may call a meeting upon request of a member of the council, and does call a meeting at the earliest possible time upon petition of six members of the council. Any member of the council may propose an item to the President for the agenda, and any six members may place an item on the agenda.

The council has an Executive Committee composed of the provost, who chairs the committee, a vice president and associate provost designated by the provost, the chairperson of the Faculty Senate, five members elected annually by and from the council and three members appointed annually from the council by the President.

Subsection (b) The Faculty Senate

Each department in the College of Arts and Letters, the College of Science, the College of Engineering, and the Mendoza College of Business has one senate seat. The School of Architecture and the Law School each has one senate seat. The College of Science has two additional seats. The Mendoza College of Business and the College of Engineering each have one additional seat. The above senators are elected from the teaching and research faculty in the departments and colleges. The programs of military science have one seat, with that single senator representing all three of those programs. The remaining seats are distributed on an at-large basis as follows: the emeritus faculty has two seats; the special professional faculty has three seats; the library faculty has two seats; and the research faculty shall have one senate seat. Senators are elected for a term of three years, by majority vote, with one-third of the membership elected each year.

The senate has five general officers: a chairperson, a vice-chairperson, a treasurer, and two co-secretaries. It has four standing committees; the chairpersons of those committees are elected annually by the entire senate by majority vote. The chairperson of the senate and the chairpersons of the four standing committees are ex officio members of the Academic Council. The senate also has an Executive Committee. It consists of the five general officers and the chairpersons of the four standing committees. That committee meets regularly during the academic year to prepare the agenda for senate sessions, and it meets semiannually with the Executive Committee of the Academic Council to discuss issues of common concern and, where possible, to coordinate the work of the senate with the work of the council.

The Faculty Senate meets at least twice each semester, and more often as its Executive Committee deems appropriate or as its by-laws provide. The senate’s range of concern extends to matters affecting the faculty as a whole and to matters on which a faculty perspective is appropriate. The senate seeks to formulate faculty opinion and for this purpose may, at its discretion, conduct faculty meetings and referenda. The senate also receives from other groups in the University items requiring consideration by the faculty. With respect to matters of academic concern, the recommendations of the senate are referred to the Executive Committee of the Academic Council, which shall place the recommendations on the agenda of the council. The Faculty Senate has the authority to adopt by-laws that govern its internal operations. Subsection (c) The University Committee on the First Year of Studies The University Committee on the First Year of Studies advises the dean of the First Year of Studies in academic matters pertaining to the first year program. Its members include the dean of the first year, who chairs the committee, the assistant deans of the first year, faculty representatives appointed by the deans of the colleges and the School of Architecture, and one student appointed by the President in consultation with the dean of the first year of studies and the student body president.

Subsection (d) The Graduate Council

The membership of the Graduate Council is as follows:

1. nine ex officio members (vice president for Graduate Studies and Research, associate vice president for Graduate Studies and Research, associate vice president for Graduate Studies, dean of the College of Arts and Letters, dean of the College of Engineering, dean of the Law School, dean of the Mendoza College of Business, dean of the College of Science, and director of University Libraries);

2. six members elected as follows: two elected by and from the teaching and research faculty of the College of Arts and Letters (one from the divisions of arts/humanities, one from the division of social sciences), one elected by and from the teaching and research faculty of the College of Engineering, one elected by and from the teaching and research faculty of the College of Science, one elected by and from the teaching and research faculty of the School of Architecture, and one elected by and from the research faculty; these six members serve staggered three-year terms;

3. six members of the Academic Council (at least five of whom must come from the elected members of the Academic Council); these six members serve one-year terms;

4. four faculty members appointed by the Vice president; these four members serve one-year terms; and

5. two graduate students selected according to procedures and terms determined by the . council.

The Graduate Council reviews the policies, practices, and procedures of the Graduate School. The council meets at the call of its chairperson, who may call a special meeting upon request of any council member, and who must do so upon petition of 20 percent of the council members. The group comprised of the members of the Graduate Council who are also members of the Academic Council (the six described in item 3 above as well as any other overlap members) has right of agenda on the Graduate Council. The decisions of the council are by majority vote and are subject to the approval of the vice president.

Subsection (e) The University Committee on Research and Sponsored Programs

The University Committee on Research and Sponsored Programs consists of the vice president for Graduate Studies and Research, who chairs the committee; the vice president for Business Affairs; the associate vice president for Graduate Studies and Research; 10 faculty members actively involved in research or research management: two with tenure elected by and from the teaching and research faculty of each of the colleges, one with tenure elected by and from the teaching and research faculty of the Law School, and one elected by and from all research faculty attached to University institutes. Elected members serve staggered three-year terms.

Among its principal functions, the University Committee on Research and Sponsored Programs formulates policies for sponsored research and sponsored educational programs; makes recommendations for the planning, establishment, and operation of interdisciplinary facilities for the conduct of sponsored research; serves as an avenue of communication among the administrative officers of the University and the members of the faculty and staff engaged in sponsored research and sponsored educational programs; disseminates to the faculty information about committee actions; and receives suggestions for future action.

Subsection (f) The University Committee on Libraries

The University Committee on Libraries reviews policies and practices relating to library resources and services and provides oversight of the development of the libraries. It constitutes a principal interface between the campus units responsible for providing information resources and services, and it also serves as a communications link between the libraries and the University community.

The committee consists of the director of University Libraries, the director of the Law Library, the assistant provost for Information Technology, and 13 others: one elected by and from the teaching and research faculty of the Law School, of each of the Colleges of Business, Engineering, and Science, of each of the graduate divisions of humanities and social sciences, and of the School of Architecture together with the faculty in the fine and performing arts; one elected by and from the faculty of the University Libraries; three elected at large by and from the teaching and research faculty of the University; and two student members. Student members are selected annually according to procedures approved by the committee. Elected members serve staggered three-year terms.

The committee annually elects a chair from the elected members. It meets at least twice each semester, publishes its approved minutes in Notre Dame Report, and reports annually to the Academic Council. S ubsection (g) The University Council for Academic Technologies

The University Council for Academic Technologies considers poilicies, practices, and procedures related to University computing and i nformation services. The Council provides a forum for collaboration between faculty, students and the Office of Information Technologies to i dentify needs for, and direction of, teaching and research computing. The UCAT i s an advisory body to the University CIO (Chief Information Officer). The Committee has twenty members, comprised of seven elected, seven appointed, and six ex-officio members. One member i s elected by and from the regular faculties of each of the following: the College of Arts and Letters, the College of Engineering, the College of Science, the Law School, the Mendoza College of Business, the School of Architecture, and the University Libraries. Elected members serve staggered three-year terms and may be re-elected. The Deans of the Colleges of Arts and Letters, Engineering, Law, Science, and the Mendoza College of Business, each appoint one member. The Student Body President appoints one undergraduate student and the President of the Graduate Student Union appoints one graduate student. Finally, the Provost appoints one academic administrator. All appointments are for one year and are renewable. The Chief Information Officer of the University, the Director of the University Libraries, the University Registrar, the Director of the Kaneb Center, and the Director and Associate Director of Educational Technologies and Services are ex-officio members. The Chief Information Officer of the University serves as chairperson.

Subsection (h) The University Committee on International Studies

The University Committee on International Studies provides a forum for deliberations involving the wider University community in Notre Dame’s international activities, including foreign study programs, faculty and student exchanges, foreign language study, library resources, faculty development, and curricular and extracurricular international activities. Initiatives, ideas, and goals are discussed by this group and its advice solicited by those responsible for international activities.

Statutory members are an associate provost, designated by the provost, who chairs the committee; the assistant provost for International Studies; and the director of International Study Programs. Each college council elects a member from its teaching and research faculty. Four members of the regular faculty are appointed by the provost. In addition, two student representatives are selected by the President. Elected and appointed faculty members serve staggered three-year terms. Student members serve one-year terms. Meetings are called by the associate provost or by a petition of five members. The directors of the international institutes, e.g., Kellogg, Kroc, Keough, Nanovic, and Civil and Human Rights, should be invited to the meetings when appropriate.

The committee meets at least once a semester to discuss relevant matters and hear reports on appropriate topics, including information on numbers of students applied for and selected for international study programs, possible new initiatives, problems specific to one or more international study programs, and faculty developments in international studies, including grant programs, openings and hires, research agendas, and activities arising in the institutes, area studies or clusters. In particular, each international study program should undergo an evaluation every five years. These reports are submitted to, and discussed by, the committee. The minutes and documents from the meetings are provided directly to the Academic Council’s Committee on Undergraduate Affairs and the minutes published in Notre Dame Report.

Subsection (i) The University Committee on Continuing Education

The University Committee on Continuing Education is responsible for developing policies and procedures regarding conferences and continuing education activities. Its members include an associate provost, who chairs the committee, the deans of the colleges, the dean of the Law School, and the director of Continuing Education.

Subsection (j) The University Committee on Admissions, Scholarships, and Financial Aid

The University Committee on Admissions, Scholarships, and Financial Aid consists of the vice president for Student Affairs, the deans of the colleges, the dean of the First Year of Studies, the registrar, a faculty member from each college elected by the college council, two faculty members appointed by the President, the director of Admissions, who chairs the committee, and the director of Financial Aid, who serves as executive secretary. Elected and appointed members serve staggered three-year terms. The committee considers policies and procedures relating to admissions and to the award of scholarships and financial aid to undergraduate students, and makes appropriate recommendations to the Academic Council through the director of Admissions.

Subsection (k) Faculty Board on Athletics

The Faculty Board on Athletics consists of 15 members—seven elected, four appointed, and four ex officio members. Seven members of the board are elected as follows: one elected by and from the teaching and research faculty of each college, one elected by and from the teaching and research faculty of the Law School, and two elected at large from the teaching and research faculty. Four members are appointed by the President—three are appointed from the teaching and research faculty and one appointed annually from the student body. The vice president for Student Affairs, the director of Athletics, the director of Academic Services for Student-Athletes and a representative of the Office of the President serve as ex officio members. Only appointed and elected members of the teaching and research faculty, the vice president for Student Affairs, and the student representative can vote on matters before the board.

The president appoints the chair of the Faculty Board from among the tenured teaching and research faculty elected or appointed to the board. The chair, who functions as the faculty athletic representative to the National Collegiate Athletic Association, calls meetings of the Faculty Board on a regular basis and develops the board’s agenda. Members of the faculty and the members of the Faculty Board may propose items for the board’s agenda. The chair meets periodically with the President to discuss issues of interest or concern to the board.

Elected and appointed faculty members serve staggered three-year terms and no faculty member may serve more than two consecutive terms. The President appoints the chair to a three-year term and may renew the chair for one additional three-year term. Previous service as a member of the Faculty Board does not preclude an individual’s appointment or renewal as chair.

The Faculty Board on Athletics serves as the principal advisory group to the President on educational issues related to intercollegiate athletics. In that capacity, the board fosters the University’s commitment to academic integrity within the athletic program, strives to ensure that the University’s athletic program operates in consonance with its educational mission, and actively promotes the welfare and educational success of the University’s student-athletes. The board also functions as a formal liaison between the faculty and the Athletic Department.

In carrying out its charge, the board periodically reviews policies, procedures, and practices that impact the educational experience of student-athletes and advises the President of its findings. The board provides appropriate mechanisms that seek the comments and concerns of student-athletes. Periodically, the board reviews data on admission of student-athletes, academic performance, progress toward degree, and graduation rates and assesses the effectiveness of institutional support for student-athletes. In addition, the board sets and modifies, as necessary, guidelines for all student petitions for a fifth year of athletic eligibility and decides whether to approve each petition. The board reviews and amends, as necessary, guidelines for all intercollegiate athletic schedules and qualifications for the captains of all University teams and decides whether to approve any schedule or captain candidate not in compliance with those guidelines. The board also assesses and revises, as necessary, procedures for resolving conflicts between final examinations and post-season championship tournaments. In its role as liaison to the broader faculty, the Faculty Board disseminates appropriate, nonconfidential information and initiates discussions on educational issues related to intercollegiate athletics of concern to the faculty and administration. The board may assume other duties as assigned by the President.

When necessary, the Faculty Board on Athletics may be called into executive session by its chair or the President. During executive session it may be appropriate for the director of Athletics, the director of Academic Services for Student-Athletes, or both, to be excused from the proceedings.

Subsection (l) University Committee on Women Faculty and Students

The University Committee on Women Faculty and Students will consist of 17 elected and appointed representatives from the faculty and students of the University. Thirteen members of the committee will be elected and four appointed by the President. Of the 13, seven will be elected from the teaching and research faculty of the colleges and schools: two from Arts and Letters, one from Business, one from Engineering, one from Science, one from Law, and one from Architecture; one will be elected from the Library Faculty; and one from the special professional faculty of the University. Four students—two undergraduates and two graduates— will be selected to serve by the appropriate elected representatives (Student Government and Graduate Union). The remaining committee members will be appointed by the President.

Elected committee members will serve staggered three-year terms. Appointed members serve one-year renewable terms. No one will serve for more than six consecutive years. The committee will elect as chair one of the tenured women serving on the committee. One of the appointed members will serve as liaison to the University’s academic administration. The chair and one member of the committee will serve as liaison to a University Committee on Women Staff, upon the establishment of such a committee.

The University Committee on Women Faculty and Students will consider policies, practices and the general environment at the University as they relate to women faculty and students. The committee will serve in an advisory capacity reporting to the President through the provost. The committee may make recommendations for action to the President, or, as he directs, for action by the other officers of the University and the Academic Council. The committee should meet regularly and should publish a record of its deliberations in Notre Dame Report.

Subsection (m) Provost’s Advisory Committee The Provost’s Advisory Committee is composed of the deans of the colleges, the dean of the Law School, the dean of the School of Architecture, the dean of the First Year of Studies, the vice president for Graduate Studies and Research/dean of the Graduate School, 11 elected faculty members, and such other persons as the provost appoints. The elected members are elected by simple majority vote and are elected by and from the colleges and schools as follows: four from the College of Arts and Letters, two each from the Colleges of Business, Engineering, and Science, and one from the Law School. Faculty members of the School of Architecture will stand for election and vote with the faculty of the College of Engineering. The elected faculty members must be from the teaching and research faculty and hold the rank of full professor with tenure. The elected members serve staggered three-year terms. Currently, slightly less than one-half of the membership of the Provost’s Advisory Committee is composed of elected members; it is hoped that they will continue to be approximately one-half of the members. The Provost’s Advisory Committee advises the provost about academic matters, especially about the reappointment, tenure, and promotion of members of the teaching and research faculty.

Subsection (n) University Committee on Appeals

The University Committee on Appeals considers appeals from members of the teaching and research faculty who have been denied reappointment, promotion, or promotion to tenure. The University Committee on Appeals consists of five elected members. The elected members are elected by simple majority vote, one elected by and from the teaching and research faculty of each of the colleges and one from the Law School. A faculty member may not simultaneously serve on the University Committee on Appeals and as a member of the Provost’s Advisory Committee and is ineligible for membership on the Committee on Appeals for the year following conclusion of a term on the Provost’s Advisory Committee. The members of the Committee on Appeals must be from the teaching and research faculty and hold the rank of full professor. The members serve staggered three-year terms. In addition, if an appellant is from the same department as the committee member from his or her college, the college will elect an alternate member from another department who, for purposes of considering that appeal, will sit in place of the member from the appellant’s department. Subsection (o) Academic and Faculty Affairs Committee of the Board of Trustees The Academic and Faculty Affairs Committee of the Board of Trustees has invited eight faculty members to join the committee. Seven of the eight faculty members are to be elected by simple majority vote as follows: one each elected by and from the Colleges of Business and Science, the Law School and the Library; one elected by and from the School of Architecture and the College of Engineering, combined, and two from the College of Arts and Letters—one elected by and from the Humanities and Fine Arts division of the college and one elected by and from the Social Science division of the college. The eighth faculty representative, who is the chair of the Faculty Senate, serves as an ex officio member of the committee. Elected members serve three-year staggered terms and may be re-elected for an additional three-year term, provided, however, that no member may serve more than two consecutive terms. The elections are arranged by and overseen by the college councils, the Law School, the School of Architecture, and the Library.

Section 4/College Councils

The college council of each undergraduate college consists of an equal number of ex officio and elected members. The ex officio members of each undergraduate college consist of the dean of the college, associate and assistant deans, the chairpersons of all departments under the jurisdiction of the college, and any other administrators designated by the respective college council. All faculty of the college are eligible to vote for representatives, and all members of the faculty of the college are eligible for election. Representatives are elected for terms of three years, in such a manner that one-third are elected each year, and may be reelected. Each college council also has student representatives elected or selected according to procedures, numbers, and terms decided by each council. The dean chairs the council and appoints its secretary. The college council reviews the policies, practices, and procedures of the college. The council meets at the call of the chairperson, and any council member may request the chairperson to call a special meeting. The chairperson also calls a meeting upon petition of 20 percent of the council members. Decisions of the council are by majority vote and subject to the approval of the dean. At its discretion, the council may call meetings of or conduct referenda among the college faculty.

Section 5/Departmental Committees

Subsection (a) Committee on Appointments and Promotions

To implement the procedures set out in article III, section 4, each department of the various colleges has a Committee on Appointments and Promotions, chaired by the department chairperson. All members must be tenured professors or associate professors. The exact composition of the committee and the manner of selection of its members are determined by an organization plan that must be approved by a majority vote of all faculty of the department and by the dean of the college. Absent unusual circumstances, the dean will not approve an organization plan permitting associate professors to participate in the processing of promotions to professor. An organization plan may provide for a discrete committee to process such promotions. Each organization plan must contain a provision for its own amendment.

All members of the committee are obliged to respect the strictly confidential nature of its proceedings, including deliberations, opinions, votes, recommendations, minutes, and other documents. Committee documents are available to succeeding committees to the extent necessary to the appropriate conduct of their business. Nothing in this paragraph precludes the chairperson from conveying to the faculty member involved the essence of a committee’s periodic evaluation unrelated to a specific reappointment or promotion case.

Analogous committees exist in the Law School, the School of Architecture, and the Library.

Subsection (b) Other Departmental Committees

Each department of the University may establish various committees within its body to study its concerns and activities and to make recommendations regarding them. Such committees may be established by the chairperson of the department or by majority vote at a departmental faculty meeting.

Section 6/Elections Committees and Procedures

From each college faculty, from the Law School faculty, from the Architecture School faculty, and from the Library faculty, the appropriate council or representative body annually elects an Elections Committee. This committee solicits interest from the college, school, or library faculty in standing for election. The election slate consists of all faculty showing such interest, as well as others nominated by the committee and willing to serve. Except when otherwise provided by these academic articles, faculty members to be elected to committees of the University, of the college or of the library are elected by the regular faculty of the college, school, or library.

The University Committee on Elections, consisting of one member elected by the appropriate council or representative body from each of the Elections Committees and one member of the special professional faculty selected by the provost’s office, conducts elections for . university-at-large positions.

In college or University elections, each ballot contains appropriate biographical information. A faculty member on leave is permitted to vote in college or University elections, but it is the faculty member’s responsibility to keep informed about elections and to find a means to participate in a timely manner. Except when otherwise provided by these articles, in college or University elections a candidate who receives the highest number of votes is elected if he or she receives at least one-third of the total votes cast for the position. All elections shall be conducted in a timely fashion and should ordinarily be conducted during the academic year. In the School of Architecture and the Law School, both of which consist of a single department, elections that would be departmental elections if conducted in the other colleges are treated as departmental elections and are subject to departmental procedures.

Article V, Procedures for Reviewing and Amending the Academic Articles

The academic articles are reviewed periodically, but at least every 10 years, in a manner to be prescribed by the Academic Council.

Amendments of the academic articles may be proposed at any time to the Academic Council by the provost, by the Faculty Senate, or by a two-thirds vote of the faculty in any college, school, or the library, or by 30 faculty members representing at least five departments of the University.

Those matters in these articles that derive from the bylaws of the Board of Trustees may be amended only after amendment of the bylaws. Ordinarily any amendments desired by the Board of Trustees will be referred by the board in the first instance to the Academic Council for its action.

Amendments to these articles become effective when they are approved by the President and the Board of Trustees.

Appendix A Appeal Procedure for Contract Renewal, Promotion, or Tenure Decisions Allegedly the Product of Sex Discrimination*

a. Following an adverse decision on contract renewal, promotion, or tenure, which a faculty member believes was the product of discrimination based on sex, the faculty member must consult with the faculty member’s department chair, dean, and the provost, in that order, or in the case of library faculty, with the Library director and then the provost. Such consultation must be completed within 60 days (excluding June, July, and August) after notification of the original adverse decision.

b. If the faculty member (the “petitioner”) is not satisfied after such consultation, the petitioner may, no later than 60 days (excluding June, July, and August) after notification of the original adverse decision or 30 days after the decision of the provost following consultation, whichever is later, submit a petition to the provost requesting a review of the petitioner’s case and setting forth the following information:

(i) a description of the contract renewal, promotion, or tenure decision complained of;

(ii) a specific allegation that the decision was the product of discrimination on the basis of sex, together with a statement of such facts supporting that allegation as are then known to the petitioner; and

(ii) such documents supporting that allegation as are then available to the petitioner.

c. After receiving a petition in accordance with subparagraph b. above, the provost shall give the petitioner the names of the panel of reviewers from which the petitioner shall select one reviewer to consider the petitioner’s case, except that the reviewer cannot be a faculty member in the petitioner’s department. The panel of reviewers shall be appointed by the provost, in consultation with the Executive Committee of the Academic Council, at the beginning of each academic year. The panel of reviewers shall consist of nine tenured faculty members, at least three of whom shall be female.

d. After a reviewer is selected by the petitioner, the reviewer shall receive and review the petition submitted to the provost, the petitioner’s entire CAP file, and afford the petitioner, the members of the CAP that originally considered the petitioner’s case, and all other parties involved, the opportunity to confer with the reviewer.

e. If the reviewer finds evidence of discrimination on the basis of sex of such a magnitude that it may have affected the disposition of the case, the reviewer shall remand the case for reconsideration, beginning with the Provost’s Advisory Committee and proceeding forward through the usual channels. In reaching this decision, the reviewer shall not consider the propriety per se of the standards used to judge the petitioner or the rigor of their application, but shall consider allegations of discrimination in the application of such standards.

f. The reviewer in all cases will report his or her decision to remand or not to remand to the petitioner and will provide a detailed written report of his or her findings to the provost.

g. All documents, reports, notes, correspondence, minutes, and other materials received, prepared, or examined by the reviewer shall remain confidential and shall be deposited in the provost’s office after the reviewer’s work is finished.

h. The provost shall submit an annual report to the President and the University’s Academic Affirmative Action Committee of the appeals taken, the decision of the reviewers, and the ultimate disposition of the cases. *This summary of court-mandated procedures was prepared by the Office of the General Counsel.
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