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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 General Board
of Higher Education and Ministry of The United Methodist
Church must approve the election of trustees. Ordinarily,
the Board meets 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 the chief executive
officer of the University. The president is responsible
for presenting information and recommendations to
the Board and is charged with responsibility for
the execution of the policies of the Board for operation,
development, and promotion of the University. The
president represents the University to 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: 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 recommendation 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 offerings of the University.
There are at present six vice presidents: finance
and treasurer; development; campus life; enrollment
services; international affairs; and general counsel.
All legal representation on behalf of the University
shall be undertaken by the Office of General 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 General 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
chairs or other academic administrators reporting
to their respective deans.
By joint agreement of the Faculty Senate and the
Trustees, the University has adopted a "Tripartite
Principle" affecting university organization
and governance in academic affairs. ln 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
chairs and deans.
The Faculty Senate has adopted the principle of
accountability for 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.
While the specific procedures undergo periodic review
and reformulation, the following principles remain
in effect:
• 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 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 colleges and schools shall be appointed by
the dean after the teaching unit council has made
a recommendation, with no appointment ordinarily
to be made by the dean who is unacceptable to a
majority of the members of the teaching unit council.
Should the dean make such an appointment, reasons
for his/her actions will be supplied to the teaching
unit council. 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, while others cannot.
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 for the future
nature, 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 be measured
in the long run 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 Faculty Senate, the educational
policy committees and teaching unit councils of
the colleges, schools, and departments, 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 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 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;
• recommendation 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 Faculty Senate
The Faculty 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
are Curriculum and Academic Programs; Information
Services; Instructional Budget and Benefits; Faculty
Development; Faculty Relations; and Student Learning
and Academic Engagement. Special and Advisory Committees
are Faculty Equity and Grievances; Faculty Hearing;
General Education; and Honors Advisory Committee.
The full body of the Faculty Senate serves to organize
its work, assigns matters to committees, and prepares
and presents its agenda. From time to time, the
Faculty Senate, as well as its standing committees,
can create other committees for issues of special
consideration. Faculty Senate enactments are 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
develop the courses and curricula which in their
judgment will enable them best to perform their
missions, limited only by the fact that they must
act in conformity with policies and regulations
established by the Faculty Senate. Whether a teaching
unit functions through a full council, a representative
educational policy committee or both is a function
of its size and style. In either case, the body
will consist of both students and faculty. The chair
of a council will be the appropriate chair 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 chair or dean. By Senate
regulation, teaching unit councils must 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 and of the Faculty Manual of the Washington
College of Law.
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 by
procedures under which:
• 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 Law Library faculty performs this same
function for the Washington College of Law Library;
• the faculty, individually or collectively,
is consulted with respect to appointment of the
dean or acting dean. Persons recommended for appointment
as dean must have received the support of the majority
of the faculty;
• the Law Library faculty does not participate
in any formal sense in the selection of a dean or
acting dean;
• only in exceptional circumstances will 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 all full-time faculty appointments
and promotions above the rank of Assistant Professor,
and part-time faculty appointments and promotions
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 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 Library Committee
on Rank and Tenure
The Law Library faculty Committee on Rank and Tenure
consists of all Tenured Law Library faculty. The
Law Library Committee on Rank and Tenure performs
the same role for the Law Library faculty that the
Washington College of Law Committee on Rank and
Tenure performs for the Washington College of Law
Faculty.
e. Washington College of Law Library Committee on
Appointments
All tenured and tenure track Law Library faculty
members serve as the Washington College of Law Library
Committee on Appointments. This committee is responsible
for the recruiting and screening of prospective
Law Library faculty candidates and the recommendation
of appointment actions to the dean. The appointment
of the Law Library director is handled as a matter
before the Washington College of Law Faculty and
not by the Washington College of Law Library Committee
on Appointments.
f. 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.
g. The University Committee on Faculty Equity and
Grievances
The University Committee on Faculty Equity and 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.
The Committee represents the Faculty Senate in matters
referred to it by any faculty member, faculty committee,
teaching unit council, or equivalent body of the
Washington College of Law and its Library, 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 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 referred to it by the
Provost 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 21 of this
Manual.
9. Provisions for Handling Faculty Appointments,
Reappointments, 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 or her recommendation and those of the
appropriate Committee on Rank and Tenure. He or
she is also responsible for providing to the chair
of the appropriate 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 but are not limited to reappointment,
promotion, leaves of absence, and granting of tenure.
The Chair of the Law Library Faculty 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 Faculty of
the Washington College of Law 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.
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 or she shall
make that fact known in writing to the Chair of
the Committee on Rank and Tenure, together with
his or 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 or his/her designee, on advice
and consent of the appropriate faculty after consultation
with the dean concerned, and is subject to the approval
of the president and the Board of Trustees.
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 always be avoided. 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 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 employment commitments
in advance of the offer to the perspective faculty
member. The dean of academic affairs will give due
respect to, but is not bound by, the recommendations
of faculty committees, department chairs, and deans
involved in the faculty action process.
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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