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Divisional Council Authority and Core 100

U N I V E R S I T Y   O F   C A L I F O R N I A
 
OFFICE OF THE ACADEMIC SENATE UNIVERSITY OF CALIFORNIA, MERCED
RULES and ELECTIONS
MARTHA CONKLIN, CHAIR
 
January 15, 2008
 
Formal Ruling
 
The Rules Committee has been asked by Professor Shawn Kantor, Divisional Chair, to rule on which Faculty body has jurisdiction over the Campus General Education requirements, as articulated in the most recent Catalog (pp. 49-51).
 
As described by Professor Kantor, “The Catalog lists University, Campus, and School General Education requirements, and it seems to me that the only body that we would have to impose such campus-wide requirements would be the College One Faculty. What has precipitated this question is a request I received in my school regarding potential substitute courses for CORE 100. To me, it doesn't seem that this is a question for the SSHA Faculty, but for the College One Faculty.”
 
In addition, the current College One Executive Committee is populated with 3 members instead of the specified 6 members. College One has been unable to hold elections for new members, as there have been no nominees.
 
His request is precipitated by the cancelation of a required upper divisional general education course CORE 100. CORE 100 is a course administered under College One, but was approved by each School as meeting upper level general education requirements. The Provost did not provide resources to teach the course and has circulated a request to the School Deans to provide a list of substitute courses.
 
Currently the General Education Requirements are not in the UCM regulations; they are articulated in the UCM Course Catalog. The approval of the General Education requirements lies within each school. Two required General Education courses are Core One and Core 100, College One courses.
 
Currently the practice of course approval differs between school, so this Ruling will reiterate the appropriate UC and UCM bylaws.
 
Regents Standing Orders, section 105.2(b) provides:
 
The Academic Senate shall authorize and supervise all courses and curricula offered under the sole or joint jurisdiction of the departments, colleges, schools, graduate divisions, or other University academic agencies approved by the Board, . . . Formal Ruling - 2 - January 15, 2008
 
The Faculty of each School officially operates as a single Bylaw 55 voting unit, i.e., the Faculty is not divided into separate departments for purposes of conducting the business of the Faculty. Thus, in exercising the responsibilities of the Faculty as members of the Academic Senate, each Faculty operates both as a department, which is the first level of Faculty decision-making and voting rights within the meaning of Academic Senate bylaw 55, and as the intervening governing body of the School or College, which acts as an agency of the Divisional Academic Senate.1
 
Academic Senate Bylaw 55A.1. provides that,
 
According to the Standing Orders of the Regents, ‘. . . the several departments of the University, with the approval of the President, shall determine their own form of administrative organization . . .’ No department shall be organized in a way that would deny to any of its non-emeritae/i faculty who are voting members of the Academic Senate, as specified in Standing Order 105.l(a), the right to vote on substantial departmental questions, excepting only certain personnel actions as detailed in Article B of this Bylaw.2
 
Academic Senate Bylaw 312A provides that,
 
Each Division shall approve and supervise all courses of instruction and curricula in the colleges and schools of the Division, except as otherwise provided in these Bylaws or the Standing Orders of The Regents [See Bylaw 51.] In the discharge of this duty the Division shall provide for appropriate consultation with the Chancellor or a designated representative.
 
Academic Senate Bylaw 51 provides that,
 
[Protected -- see Bylaw 116.E] No change in the curriculum of any college or school shall be made by any legislative agency of the Academic Senate until the proposed change has been submitted to the formal consideration of the Faculty concerned.
 
UC Merced Divisional Bylaws, Part II. Section 4.B. III, ninth bullet,3 describes as a duty of the Undergraduate Council:
 
Reviews, coordinates, and takes final action on all matters relating to courses of instruction, including approval of new courses and modification, withdrawal, conduct, credit valuation, and classification of existing courses. Consults with and advises departments and individual members of the Division on courses of instruction.
 
1 There are unofficial divisions of the School of Social Science Humanity and Arts, which are not addressed in this ruling.
 
2 Article B details voting rights in academic personnel actions and is not at issue in this ruling.
 
3 First through eighth, tenth and eleventh bullets provide for other duties of the Undergraduate Committee  Formal Ruling - 3 - January 15, 2008
 
4 B and C provide for other limitations to the Faculty of College One (graduate courses and discipline)
 
Bylaws of the Faculty of College One, Part I.
 
The Faculty of College One shall conduct the government of College One, subject to the following limitations:
 
A.4 The Faculty is a Committee of the Merced Division of the Academic Senate, is responsible to the Division, and may from time to time be instructed by the Division.
 
Bylaws of the Faculty of College One, Part II.
 
The Faculty of College One shall consist of those members of the Academic Senate designated in Merced Division By-Laws, Part III. Instructors of less than two years service shall not be entitled to vote.
 
Bylaws of the Faculty of College One, Part III. 3.
 
The Executive Committee consists of six elected members, two from each School, the Dean of College One, ex officio, and the Vice Chancellor for Student Affairs, ex officio (non-voting). Members are elected to a two-year term. The terms of the two members from each School will be staggered. A member’s term will start on the first day of instruction of the fall semester. The Executive Committee may invite ad hoc non-voting consultants to participate in its discussions.
 
Because the Schools do not have any departments below the level of the Faculty, the Faculty itself comprises the Academic Senate Bylaw 55 voting unit for the members of the School. Thus, the voting requirements of SBL 55 apply to decisions of the Faculty. In the case of Core 100, this course was individually approved by each Faculty. Given that UC Merced has not defined general education requirements in its rules and regulations, general education responsibility resides in the Schools. Since the Schools have approved the wording in the UC Merced Course Catalog, they are responsible for providing the necessary courses or their substitutes.
 
Ruling:
 
Since College One Executive Committee is a Divisional Council Committee, College One Executive Committee can be instructed by the Divisional Council to request substitute courses for Core 100 from the chairs of the School Faculties.
 
The Faculties of the Schools have sole authority to propose substitute courses for Core 100 and to submit these recommended courses for approval to the College One Executive Committee (or the Divisional Council if it chooses to exercise its authority due to lack of members of the College One Executive committee).
 
UC Merced Committee on Rules and Elections:
 
Martha Conklin, Chair
Daniel Simmons, Vice Chair (UC Davis)
Teenie Matlock
Jean Olson (UC San Francisco)