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UNIVERSITY ORGANIZATION AND POLICY-MAKING
6. Administrative Organization of the
University
The legal powers of the University are vested
in a Board of Trustees of not less than twenty
five nor more than fifty members. Members
can be elected by the Board to three‑year
terms. The Board of Education of The United
Methodist Church must approve the election of
trustees. The Board meets ordinarily three
times a year, in the Fall, Winter, and Spring
-the Winter meeting being devoted principally
to the enactment of the budget for the ensuing
year. An eleven member Executive Committee
of the Board acts for the Board between regular
meetings.
The President of the University is chief executive
officer of the University. He/she is responsible
for presenting information and recommendations
to the Board and is charged with responsibility
for the ultimate execution of the policies of
the Board for operation, development, and promotion
of the University. He/she represents the
University, also, before the public.
The provost is appointed by the president with
the approval of the Board and continues in office
at the pleasure of the president. The
provost is: a) is the chief academic officer of
the university, second in responsibility only
to the president; b) reports to the president,
and has other powers and duties assigned by the
president; c) is a member of the university faculty
and of each department, school and college, and
an ex officio member of each academic committee
of the University; d) receives recommendations
developed by the faculty and academic administrators
for consideration and recommendations to the president;
e) exercises the powers and duties of the president
during the absence or incapacity of the president,
or in case of a vacancy in that office; f) has
the option of attending meetings of faculties,
schools, colleges, departments, and academic committees;
g) at least once during each academic year, calls
a meeting of all persons holding faculty rank
to discuss matters affecting the academic policies
and educational offering of the University.
There are at present five vice presidents: a vice
president of finance and treasurer; a vice president
of development; a vice president of student services,
a vice president of enrollment services, and a
vice president and university counsel.
All legal representation on behalf of the University
shall be undertaken by the Office of the University
Counsel. Representation of faculty in accordance
with the indemnification provision of the Bylaws
of the Board of Trustees of American University,
shall be undertaken solely by the Office of the
University Counsel or its designee.
The deans of the colleges and schools report to
the provost and are charged with administrative
responsibility for their respective units. In
certain of the larger colleges and schools, departmental
or other subordinate organization exists, with
department chairpersons or other academic administrators
reporting to their respective deans.
By joint agreement of the University Senate and
the Trustees, the University has adopted a "Tripartite
Principle" affecting University organization
and governance in academic affairs. In
general, this principle, as elaborated in practice,
attempts to define appropriate roles for faculty,
students, and administrators at various levels
of academic policy making. Its specific
manifestations include the representation of students
on faculty councils at the departmental and college
or school level, and the procedures to be employed
in the event of disagreements between teaching
unit councils and chairpersons and deans.
The University Senate has adopted the principle
of accountability of the principal University
administrators by recommending that committees
be employed to search for and recommend candidates
for these positions and that evaluation committees
review the work of these same administrators at
regular intervals. The dean of the Washington
College of Law is subject to these evaluation
procedures.
A formal evaluation of the dean shall be conducted
no less than every three years. This evaluation
shall include a survey of the full‑time
faculty within the Washington College of Law regarding
the leadership and management of the dean. This
survey shall be conducted by and at the discretion
of the provost.
The Committee to evaluate the dean of the Washington College
of Law shall be composed of:
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Three members of the tenured faculty
of the Washington College of Law elected
by the Washington College of Law Rank and
Tenure Committee; |
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An alumnus/alumna of the Washington College of Law; |
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| • A current law student who has completed
at least two years at the Washington College
of Law. |
The ultimate authority for appointing and removing
administrative personnel rests with the appropriate
administrative officers, the president, and the
Board of Trustees. The deans of the College of
Arts & Sciences, Kogod School of Business,
School of Public Affairs, School of International
Service, Washington College of Law, School of
Communication, and the University Librarian shall
be appointed by the provost with the advice and
consent of the full‑time faculty of the
college or school concerned and with the approval
of the president and the Board of Trustees. Department
chairs, deans, and directors within the colleges
and schools shall be appointed by the dean concerned
with the assistance of the teaching unit council
and after the council has made a recommendation,
with no appointment ordinarily to be made by the
dean which is unacceptable to a majority of the
members of the full‑time faculty. Should
the dean make such an appointment, reasons for
his/her actions will be supplied to the teaching
unit council or the equivalent body in the Washington
College of Law. These appointments require
approval of the provost.
7. Academic Policy-Making Bodies
A modern university is such a complex institution,
with so many closely interrelated functions, that
responsibility for the policy direction of many
of them is in reality a series of shared responsibilities,
some of which can be rather easily identified
and lodged with a specific group and others of
which cannot. Thus, it is clear that the
conduct of the ongoing academic program has to
be vested in the faculty and students. But
it is equally clear that the deliberations of
a forward‑looking faculty will often result
in plans which not only affect the existing educational
enterprise but may also have serious implications
with respect to the future nature and purpose
and fiscal capabilities of the University as a
whole. It is likely, therefore, that the
success with which individual responsibilities
are fulfilled, and the success with which an institution's
goals and potentialities are achieved, will in
the long run be measured by the success with which
those who share the responsibilities are able
to understand their respective roles and agree
on courses of action which they can all support.
The principal bodies and groups charged with significant
responsibility in academic policy‑making
include the Board of Trustees, the University
Senate, the Educational Policy Committees and
Teaching Unit Councils of the colleges, schools,
and departments, or the equivalent body in the
Washington College of Law, and the committees
associated with these bodies.
The University Faculty as a body does not have
independent policy-making powers. It meets
at least once each academic year and at other
times, as appropriate, at the call of the provost
to hear reports on the state of the University
and to provide an opportunity for general discussion
of matters of interest to the faculty.
In general terms, the roles of the policy‑making bodies
may be described as follows:
a. The Board of Trustees
The Board of Trustees determines the nature and
directions of development of the University, formulates
the policies by which the institution is governed,
selects the president, and assures itself at all
times that the University is functioning in accordance
with these policies as an academically and fiscally
sound institution dedicated to the highest possible
standards. Legally and traditionally,
the Board of Trustees delineates the broad outlines
of the activities, including the educational activities,
in which the University is to engage and endeavors
to provide the resources to support them properly.
The Board has long recognized the important role
of the faculty at American University. Reflecting
that recognition, the Bylaws of the University
state that:
Subject
to the powers vested in the Board, the Executive
Committee, the president and the provost, the
faculty, functioning through its duly constituted
entities, shall have primary responsibility
for:
-
instruction
and academic standards;
-
determination of curricula and approval
of courses;
-
recommendation
of faculty appointments, promotions, and other
faculty personnel concerns;
-
recommendations
for the instructional budget;
-
recommendation
of policies affecting student affairs.
The
Board of Trustees of American University has
approved designees for execution of contracts
on behalf of the University. Only Board-approved
designees are authorized to sign contracts that
obligate the University; all other contracts
may be ratified or adopted by the Board and
the University at its sole discretion.
b. The
University Senate
The University Senate formulates the academic
policies and regulations and sets the general
and minimum standards in accordance with which
instruction is conducted throughout the University.
Standing Committees include: Athletics; Computer
Resources; Equity; Faculty Benefits; Faculty Development;
Faculty Grievances; Faculty Hearing; Faculty Relations;
Finance; General Education; Graduate Studies;
International Programs and Students; Library;
Physical Plant Services; Research; Student Relations;
Undergraduate Admissions, Scholarships, and Financial
Aid; Undergraduate Studies; and University Honors
Program Advisory Board.
An Executive Committee serves to organize the
work of the Senate, assign matters to committees,
and prepares and presents the Senate agenda.
From time to time, special committees are created
either by the Senate or by its Executive Committee.
Senate enactments are subject to review and approval
or disapproval by the provost, the president,
and the Board of Trustees. Similarly,
policies and procedures pertaining to the Washington
College of Law have been delegated and vested
by the Board of Trustees to that College and,
where appropriate, subject to review and approval
or disapproval by the provost, the President,
and the Board of Trustees.
c. Educational Policy Committees and Teaching
Unit Councils
The Educational Policy Committees and Teaching
Unit Councils of the various colleges, schools,
and departments, or equivalent bodies of the Washington
College of Law, develop the courses and curricula
which in their judgment will enable them best
to perform their missions, being limited only
by the fact that they must act in conformity with
policies and regulations established by the University
Senate. Whether such functions are performed
through a full council, a representative educational
policy committee, or both is a function of both
its size and its style. In either case,
the body will consist of both students and faculty.
The chairperson of a council will be the appropriate
chairperson or dean; an Educational Policy Committee
may be chaired by a faculty member. The
work of either will be subject to review by the
appropriate chairperson or dean. Teaching
Unit Councils, or the equivalent bodies in the
Washington College of Law, must, by Senate regulation,
keep minutes of their meetings.
8. Washington College of Law Governance
a. Dean of the Washington College of Law
The dean of the Washington College of Law is responsible
to the provost for the administration of the Washington
College of Law, consistent with the provisions
of this Manual.
b. The Faculty of the Washington College
of Law
The faculty shall exercise substantial control
over decanal and faculty appointments or changes
in faculty status, such as reappointment, promotion,
leaves of absence, and granting of tenure. The
capacity to make the pertinent decisions is maintained
under the following procedures:
• the faculty (acting in general
meeting or by a representative portion determined
by reasonable criteria), assembled in a meeting
of which suitable notice has been given, makes
initial recommendations with respect to faculty
appointments or changes in faculty status for
submission through intermediate approving authorities
to the provost;
• the faculty, individually
or collectively, is consulted with respect to
appointment of the dean or acting dean. Persons
recommended for appointment as dean or acting
dean must have received the support of the majority
of the faculty;
• only in exceptional circumstances
can decanal or faculty appointments or changes
in faculty status as defined above be made over
the expressed opposition of a majority of the
faculty (acting as a whole or by a representative
portion determined by reasonable criteria);
and
• the faculty's judgment concerning
the law school's opportunities and needs shall
be given appropriate consideration as defined
by ABA and AALS Standards.
c. Washington College of Law Committee on
Rank and Tenure
The faculty of the Washington College of Law has
delegated to the Washington College of Law Committee
on Rank and Tenure responsibility for making recommendations
directly to the dean of the Washington College
of Law regarding the initial rank of all full-time
faculty appointments above the rank of Instructor
and the initial rank of part-time faculty appointments
above the rank of Lecturer. The faculty
also has delegated to the Committee on Rank
and Tenure responsibility for recommending to
the dean all faculty promotions, reappointments
and appointments with tenure, and approval or
disapproval of sabbatical leaves and leaves without
pay.
The Committee on Rank and Tenure is composed of
all tenured professors, including those on leave.
A quorum of the Committee for the conduct of business
consists of a majority of professors on tenure
in residence. When assembled in a meeting,
only professors present in person shall have the
right to vote. The Chair, however, may
poll the Committee in connection with an initial
appointment where a determination is a matter
of urgency.
d. Washington College of Law Committee on
Appointments
The Committee on Appointments is composed of five
faculty members and two student representatives.
This Committee is responsible for the recruiting
and screening of prospective faculty candidates
and the recommendation of appointment actions
to the faculty.
e. Washington College of Law Committee
on Standards and Evaluations and Library
The Committee on Standards and Evaluations and
Library is composed of five faculty members and
two student representatives. This Committee
is responsible for reviewing and proposing the
establishment or revision of the standards by
which the law school, its faculty, students, and
support staff operate and evaluate performance.
f.
The Dean of Academic Affairs
The dean of academic affairs, under the direction
of the provost, is authorized to act in all faculty
personnel matters. The dean of academic affairs
must approve all full-time faculty employment
commitments in advance of the offer to the prospective
faculty member. The dean of academic affairs will
give due respect to, but is not bound by, the
recommendations of Committee on Rank and Tenure
or other faculty committees, department chairs,
or deans involved in the faculty action process.
g. The University Committee on Faculty Grievances
The University Committee on Faculty Grievances
is composed of seven tenured faculty members who
are elected by the faculty-at-large.
Persons identified as resource persons by Article
V, Section A under section 50.00.00 of the Academic
Regulations, deans, teaching unit chairs
or division directors, and Committee on Faculty
Relations members are not eligible to serve on
this committee.
This
Committee represents the University Senate in
matters referred to it by any faculty member,
faculty committee, teaching unit council, or equivalent
body of the Washington College of Law, or administrative
officer. The Committee is the primary
instrument in University governance for faculty
review of the grievances of any faculty member.
It accepts the submission of a grievance on any
subject relating to the faculty member's professional
functioning at American University. It
reviews grievances presented to it and makes recommendations
for settling them, in accordance with the procedures
specified in Section 19 of this Manual. The
Committee's recommendations provide means for
resolving differences affecting the interests
and welfare of faculty members and the University.
h. Faculty Hearing Committee
The University Faculty Hearing Committee shall
be composed of fifteen tenured members of the
teaching faculty elected by the University faculty-at-large.
Members of the Hearing Committee shall
be elected for terms of three years. Individual
panels are drawn from the elected members of the
Committee to hear cases. The Faculty Hearing
Committee is charged with hearing cases involving
termination of continuous tenure appointments,
or probationary or special term appointments before
the end of the specified term due to incompetence,
misconduct, or other cases involving major disciplinary
sanctions against a faculty member. It
is also used to hear cases of a formal complaint
of sexual harassment or violation of research
integrity. It reviews cases presented
to it and makes recommendations in accordance
with the procedures specified in Section 19 of
this Manual referred to it by the
provost.
9. Provisions for Handling Faculty Appointments,
Reappointment, Promotion, Tenure, and Grievances
a. Washington College of Law Faculty Personnel
Procedures
It is the responsibility of the dean of the Washington
College of Law to prepare the Personnel Action
Forms for each faculty member and to forward them
to the office of the dean of academic affairs,
together with his/her recommendations and those
of the Committee on Rank and Tenure. He/she
is also responsible for providing to the chair
of the Committee on Rank and Tenure at the beginning
of each academic year and, in any event, not later
than October 1, a list of all faculty concerning
whom personnel actions are to be considered for
the following academic year. Such actions
may involve reappointment, promotion, leaves of
absence, and granting of tenure.
The chair of the Committee on Rank and Tenure
will in turn promptly compile a list of all faculty
personnel actions under consideration and forward
copies of this list to the president of the Student
Bar Association inviting comments. Faculty
members for whom personnel actions are under consideration
must then be notified to submit appropriate documentation
regarding their work, activities, and honors for
review. The Committee may act through
subcommittees of not less than three tenured faculty
members in gathering additional information from
faculty, students, alumni, and peers by means
of letters, telephone calls, interviews, and class
visitations.
During the month of November of each academic
year, the Committee on Rank and Tenure holds a
series of assembled meetings during which each
faculty personnel action is deliberated.
Faculty members whose cases are considered may
appear in person before the Committee either at
their own or at the Committee's request. At
the conclusion of each case, a vote is taken,
and the position of a majority of the quorum present
becomes the formal action of the Committee. The
procedures of the Committee do not permit voting
by proxy. The vote and other actions of
the Committee are reported and recorded for the
record in the written minutes of the chair and
approved by the Committee.
If it appears that adverse action is to be recommended,
that fact must be made known in writing to the
faculty member promptly but not later than December
1. The faculty member under consideration
may waive this deadline, but in no event can an
adverse written communication from the Committee
on Rank and Tenure be delayed beyond March 1.
The dean receives from the chair of the Committee
on Rank and Tenure a memorandum explaining its
recommendation for each individual considered.
If the dean disagrees with any recommendation
of the Committee on Rank and Tenure, he/she shall
make that fact known in writing to the chair of
the Committee on Rank and Tenure, together with
his/her reasons, prior to forwarding the individual
Personnel Action Form to the dean of academic
affairs.
b. Review of Washington College of Law Faculty
Personnel Decisions
Formal authority for making faculty appointments
rests with the provost, on advice and consent
of the appropriate faculty after consultation
with the dean concerned, and subject to the approval
of the president and the Board of Trustees. And,
in practice, the authority of the provost may
be exercised by the dean of academic affairs on
behalf of the Provost.
The processes of appointment, granting of tenure,
promotion, termination, and grievance handling
involve an array of offices and committees. Conflicts
of interest involving the evaluation of individual
faculty members for appointment, tenure, or promotion
should be avoided wherever and whenever they might
arise. The
provost, deans, members of the Committee on Rank
and Tenure, and all others who participate are
expected to acknowledge such conflicts openly
and to abstain from participation whenever such
conflicts arise. In the interest of fairness, the effective principle
is that no person shall have more than a single
voice or vote in the evaluation of a faculty member.
The provost reviews the faculty personnel recommendations
for appointment, reappointment, promotion, and
tenure made by the dean of the Washington College
of Law and, following this review, submits his/her
recommendations to the president and the Board
of Trustees for approval.
In conducting this review, the provost
ordinarily will concur with such recommendations,
withholding his/her approval only in exceptional
circumstances.
This power of review resides exclusively
with the provost.
The provost also reviews the recommendations of
the Washington College of Law Committee on Rank
and Tenure and of the dean of the Washington College
of Law for sabbatical leave and for leave without
pay.
The provost resolves any inconsistency in case
of diverse recommendations by the Committee on
Rank and Tenure and the dean of the Washington
College of Law regarding faculty personnel actions.
Subject to the provisions of this Manual,
the dean of academic affairs, acting under guidelines
established by the provost, acts for the University
in faculty appointments.
No formal commitment or offer of a contract
may be made until the dean of academic affairs has approved and authorized
the sending of a letter offer or has approved
and signed the Faculty Personnel Action Form and
the contract offer.
Faculty personnel actions originating in the Washington
College of Law are not subject to review by the
University Committee on Faculty Relations, except
those recommended for appointment as University
Professors. The
University Committee on Faculty Relations is described
in Section 7.d. of the Faculty Manual (Section
II, Part I, of the Manual of Information and
Procedures).
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