November 6, 1995

(Last Updated January 12, 2007 )

Published by the University Council of Virginia Tech

Preamble

BELIEVING that the fundamental goal of this land-grant university is to serve as a dynamic force in society by providing both a reservoir of knowledge and a stimulating academic atmosphere for the transmittal and application of that knowledge; and further believing that the establishment of these conditions encourages the discovery of new principles and truths and the development of an appreciation of human values; and

BELIEVING that the attainment of the objective requires mutual understanding and joint effort of the governing board, administration, faculty, staff, and students; and

BELIEVING that a university functions most effectively under orderly but flexible and adaptive processes of administration and government:

Virginia Polytechnic Institute and State University does hereby enact a Constitution and Bylaws for the University Council with the approval of the President of the University and the Board of Visitors, by whom authority is delegated.

Preface

With the passage of Morrill Act by Congress in July, 1862 and subsequent action of the Virginia Legislature in 1864, 1872, and 1944, Virginia Polytechnic Institute and State University was created and has been developed as a university charged with the responsibility to serve the citizens of Virginia and the nation.

Recognizing the complexity of university governance and acknowledging the need for faculty, staff, and student participation in the conduct of university affairs, the University Council, University Commissions, University Advisory Councils, and University Standing Committees provide an organizational structure through which faculty, salaried staff, student, and administrative responsibilities are shared and fulfilled.

The University Council and the University Commissions constitute the main resident bodies for policy formulation. Their memberships include representation from Administration, Faculty Senate, Staff Senate, College Faculty Associations, Administrative and Professional Faculty, Graduate Student Assembly, Student Government Association, and representatives from other interest groups where appropriate. The University Commissions formulate and recommend policies to the University Council, which in turn makes recommendations to the President of the University. Final authority rests with the President of the University and the Board of Visitors.

The Constitutions and Bylaws of the Faculty Senate, Staff Senate, Graduate Student Assembly, and Student Government Association are presented in separate publications. Persons concerned with the governance of the University are encouraged to consult the constitutions and bylaws of these organizations.

Constitution of the University Council

Article I. Name

The name of the council is the University Council of Virginia Polytechnic Institute and State University.

Article II. Purpose

The purpose of the University Council is to assist the President of the University in formulating and implementing university policy in a manner which attempts to ensure that Virginia Polytechnic Institute and State University always strives effectively toward its goals, which are:

1. To provide an environment conducive to the pursuit of learning, teaching, scholarship, research, and service.
2. To anticipate and meet the educational needs of society in general and the Commonwealth and nation in particular.

Article III. Functions

The functions of the University Council are:

1. To advise the President of the University on matters of university governance.
2. To accept functions and authority delegated to it by the President of the University.
3. To review and make recommendations on matters of concern to the faculty, staff, students, and administration, such matters being placed on the University Council agenda by any Council member in accordance with this Constitution and its accompanying Bylaws.
4. To refer appropriate matters to the commissions, advisory councils, Faculty Senate, Staff Senate, groups, or individuals for consideration and recommendations.

Article IV. Membership

Section 1. Composition

The members of the University Council are:

Ex Officio Members:

• President of the University (non-voting chairperson)
• Secretary of the University Council (non-voting)
• Faculty Representative to the BOV (President of the Faculty Senate – non-voting)
• Undergraduate Student Representative to the BOV (non-voting)
• Graduate Student Representative to the BOV (non-voting)
• Provost and Vice President for Academic Affairs
• Executive Vice President and Chief Operating Officer
• All Vice Presidents of the University
• All Vice Provosts of the University
• All Academic Deans of the University
• Dean of University Libraries
• Director of the Office for Equal Opportunity
• Chairs of all University Commissions
• Vice President of the Graduate Student Assembly
• Vice President of the Student Government Association

Elected Members:

• Seven Faculty Senators elected by the Faculty Senate
• One faculty representative from each of the academic colleges  elected by the faculty in each of the colleges
• One representative from the library faculty elected by the Library Faculty Association
• One professional faculty representative elected from Cooperative Extension
• One professional faculty representative elected from: general administration, academic support, student affairs
• One student representative elected by the Black Organizations Council
• One faculty/staff representative elected by the Black Faculty and Staff Caucus
• One at-large faculty/staff representative elected annually by the Commission on Equal Opportunity and Diversity
• One student representative elected annually by the Commission on Equal Opportunity and Diversity
• Seven staff representatives elected by the Staff Senate
• Two representatives from the Graduate Student Assembly elected by the Graduate Student Assembly
• Five representatives from the Student Government Association elected by the Student Government Association

Ex officio members of the University Council may be automatically added or removed or titles revised to reflect the university’s evolving organizational structure, and thus the number of members of University Council may fluctuate slightly over time.  Ex officio membership of University Commissions and Committees listed in the University Council By-laws will change automatically, as appropriate, to coincide with changes in ex officio membership of University Council.

If at the beginning of any academic year the total number of voting university administrators (deans, vice presidents, and vice provosts) who hold ex officio positions on University Council equals or exceeds the total number of all other faculty on University Council, then the Faculty Senate may elect the additional faculty necessary to ensure that the number of faculty exceeds the number of voting ex officio university administrators by one. (Last updated June 13, 2005 – BOV approved)

Section 2. Voting Privileges

All members of University Council, exclusive of the Chairperson, the Secretary, and the faculty representative and two student representatives to the Board of Visitors, shall have voting privileges.

Section 3. Term of Membership

Term of membership of elected representatives on University Council is as follows: Faculty and staff representatives are elected for terms of three years and are not eligible for re-election to a consecutive term.  Terms are staggered to permit election of approximately one-third each year.  When additional faculty are elected at the beginning of the academic year to maintain a faculty majority over voting administrators, those faculty will serve a one-year term.  Student representatives are elected for one-year terms and are not eligible to serve more than two years.  The at-large faculty/staff representative elected by the Commission on Equal Opportunity and Diversity serves for one year.  Vacancies in unexpired terms are filled by the relevant body.  Persons filling an unexpired term are eligible for re-election to a full term.  Elections are effective the first day of July.

Section 4. Alternates, Substitutes, and Visitors

The University Council may permit elected alternates with voting privileges and substitute members with voting privileges, where such privileges are not limited by the constitution and bylaws of the participating assembly, association, senate, or group. Visitors may attend University Council meetings.

Article V. Officers

Section 1. Officers

The officers of the University Council are Chairperson and Secretary.

Section 2. Chairperson

The President of the University is Chairperson of the University Council. In the absence of the President, the Provost and Vice President for Academic Affairs of the University acts for the President as Chairperson of the University Council.

Section 3. Secretary

The Secretary of the University Council is appointed by the President of the University.

Article VI. Commissions, Advisory Councils, and Committees

University Commissions, University Advisory Councils, University Standing Committees, University Operational Committees, and other University committees are established according to ARTICLES VII, VIII, IX, X, and XI, respectively, to carry out certain functions and operations of governance.

A list of University Standing Committees (specifying for each its composition, its charge, and the governance body to which it reports) shall be maintained as an integral part of the Bylaws of the University Council. Current information on Operational Committees is maintained elsewhere, as specified in the Bylaws.

The University Council can recommend the creation of new Committees, the deletion of existing Committees, or changes in Committee chairpersonship, composition, or function. Should a concern arise which calls for the University Council to consider such an action, the matter shall be placed on the Council agenda (in the form of an appropriate Resolution) by one of the Commissions or Advisory Councils, the Faculty Senate, the Staff Senate, or by a University Council member.

Article VII. University Commissions

Section 1. Organization

The University Commissions are:

Commission on Administrative and Professional Faculty Affairs

Commission on Equal Opportunity and Diversity

Commission on Faculty Affairs

Commission on Graduate Studies and Policies

Commission on Outreach and International Affairs

Commission on Research

Commission on Staff Policies and Affairs

Commission on Student Affairs

Commission on Undergraduate Studies and Policies

Commission on University Support

Section 2. Responsibilities

The Commissions report to the University Council. In addition to the functions and duties prescribed for each in Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Article, the Commissions shall undertake such other functions and duties as may be delegated to them from time to time by the University Council.

Section 3. Referral

It is essential (and expected) when policy is being formulated in a commission or considered in the University Council, on a matter of particular concern to any governance body represented on the Council, that the concerned body have an opportunity to study, debate, and state its position on the matter at hand, before final action is taken by the Council. To this end, the Bylaws of the University Council, Article II, shall specify formal procedures by which referrals are accomplished. These procedures must be approved by the Faculty and Staff Senates. Any amendment to Article II of the Bylaws of the University Council that effects a change in the referral procedures cannot become effective until endorsed by affirmative vote of the Faculty Senate and Staff Senate.

Section 4. Election of Chair

The chair shall be a member of the non-administrative faculty and staff members of the commission except as noted below. (Professional faculty representatives are eligible to serve as chair.) The Vice President of the Faculty Senate shall be the chair of the Commission on Faculty Affairs. The Vice President of the Staff Senate shall be the chair of the Commission on Staff Policies and Affairs. The chair of the Commission on Administrative and Professional Faculty Affairs shall be from among the elected administrative and professional faculty members. The chair of the Commission on Student Affairs shall be elected from among the commission membership.

A vice chair shall be elected from among the continuing eligible members as early as possible during the academic year, but no later than the end of October. The vice chair shall serve as needed during the current year and shall become chair of the commission during the subsequent year. Should the vice chair be unable to serve as chair in the subsequent year, the commission shall elect a chair from among eligible members. The Commissions on Faculty Affairs and Staff Affairs may elect a vice chair if desired, however, the chair positions will be held by the vice presidents of the respective Senates.

Section 5. Voting Privileges

All members of University Commissions shall have voting privileges.

Section 6. Term of Membership

Terms of membership of elected representatives on Commissions are as follows: Faculty Senators, Staff Senators, representatives of college faculty, library faculty, administrative and professional faculty, the salaried staff, and any other elected non-student commission members are elected for a term of three years. They may serve no more than two full consecutive terms on any given commission. Terms are staggered to permit election of approximately one-third of the membership each year. Deans are elected by the Council of College Deans and serve for two years. The student representatives serve for terms of one year and are not eligible to serve more than two consecutive terms. Vacancies in unexpired terms are filled by the relevant body. Elections are effective the first day of July.

Section 7. Alternates, Substitutes, and Visitors

The commissions may permit elected alternates with voting privileges and substitute members with voting privileges, where such privileges are not limited by the constitution and bylaws of the participating assembly, association, senate, or group. Visitors may attend commission meetings.

Section 8. Commission on Administrative and Professional Faculty Affairs

Charge: To study, formulate, and recommend to University Council policies and procedures affecting the employment and working conditions of administrative and professional (A/P) faculty. Areas for consideration include: morale of administrative and professional faculty; procedures for appointing, evaluating, disciplining, recognizing, and promoting administrative and professional faculty; benefits, educational and personal leave, and extra-university professional activity; and matters of equity and diversity that affect the university's professional environment. The Commission is also responsible for reviewing grievances advanced to the level of the Provost or Executive Vice President and to advise them prior to action.

Section 9. Commission on Equal Opportunity and Diversity

Charge: To study, formulate, and recommend to University Council policies and procedures as they relate to the university’s responsibilities for equal opportunity, affirmative action, accessibility, and compliance; diversity planning and evaluation; diversity training and education; assessment of institutional climate; and similar matters of equity and diversity that affect the university.  In collaboration with other university commissions and/or units, the commission will address issues of diversity and equity as they relate to recruitment, retention, and advancement of faculty, staff, and students, particularly those from historically underrepresented groups and from international populations; student life; academic policies and support; curriculum; research, scholarship, and creative activity; and outreach.

Section 10. Commission on Faculty Affairs

Charge: To study, formulate, and recommend to the University Council policies and procedures affecting faculty employment and professional standing of the collegiate faculties, the library faculty, and Extension and public service faculty on continued appointment. Areas for consideration include: commencement; academic freedom and faculty morale; procedures for appointing, evaluating, disciplining, recognizing, and promoting faculty, including department heads and chairs; tenure, benefits, academic and personal leave, and extra-university professional activity; and matters of equity and diversity that affect the University's professional environment.

Section 11. Commission on Graduate Studies and Policies

Charge: To study, formulate, and recommend to University Council policies and procedures concerning on- and off- campus graduate academic matters. Areas for consideration include: admissions, academic progress, degree requirements, commencement; registration and scheduling; curricula, courses, advising, and instruction; teaching and research; financial assistance including assistantships, scholarships, fellowships, and tuition; library resources; and other matters affecting the graduate student academic environment.

Section 12. Commission on Outreach and International Affairs

Charge: To study, formulate, and recommend to University Council policies and procedures concerning the engagement of the University in service, outreach, and international affairs.  Areas for consideration include: Cooperative Extension, continuing and professional education, economic development including community resource and leadership development; liaison with affiliated corporations and institutes; international programs; and other matters affecting service, outreach, and international affairs.  The Commission on Outreach and International Affairs will liaison with the Commission on Undergraduate Studies and Policies with issues regarding study abroad and international exchange programs. (Last updated June 7, 2004 – BOV approved)

Section 13. Commission on Research

Charge: To study, formulate, and recommend to University Council policies and procedures concerning research. Areas for consideration include: sponsored programs, core programs and interdisciplinary research; intellectual properties; animal care and human subjects; indirect costs and overhead; research facilities, centers and institutes, and library resources; liaison with affiliated corporations and institutes; and other matters that affect research.

Section 14. Commission on Staff Policies and Affairs

Charge: To study, formulate, and recommend to University Council policies and procedures affecting the working conditions of classified and university staff and to promote staff participation in the University community. Areas for consideration include: staff morale; evaluation, communication with supervisors, recognition, and career development; staff relations with administrators, faculty, and students; benefits and personal leave; extra-university professional activity; matters of equity and diversity that affect the University's professional environment; and other matters affecting the staff environment.

Section 15. Commission on Student Affairs

Charge: To study, formulate, and recommend to University Council policies and procedures affecting graduate and undergraduate student life and morale. Areas for consideration include: student relations with peers, staff, faculty, administrators, alumni, and the community; student organizations, social life, and recreation; employment, placement, and counseling; residential life, health, safety, and quality of student related services; and other matters affecting student life.

Section 16. Commission on Undergraduate Studies and Policies

Charge: To study, formulate, and recommend to University Council policies and procedures concerning on- and off-campus undergraduate academic matters. Areas for consideration include: library resources, admissions, academic progress, degree requirements, Honor Systems and study environment; In-Honors programs, curricula, courses, advising, and instruction; student honors and awards; financial aid, scheduling, registration and other matters affecting the undergraduate student academic environment.

Section 17. Commission on University Support

Charge: To study, formulate, and recommend to University Council policies and procedures related to support of the three missions of the university. Areas for consideration include: accounting, budget administration, purchasing; computing, communications and publications, physical facilities, parking and transportation, corporations and auxiliaries, Development Office, Institutional Research, liaison with the Virginia Tech Foundation, the Alumni Association, and other related matters.

Article VIII. University Advisory Councils

Section 1. Organization

University Advisory Councils are established to carry out certain functions and operations of governance.

The University Council has established the University Advisory Council on Strategic Budgeting and Planning.

Section 2. Responsibilities

The University Advisory Councils report to the University Council. In addition to the functions and duties prescribed in the Sections of this Article specific to a University Advisory Council, the University Advisory Councils shall undertake such other functions and duties as may be delegated to them from time to time by the University Council.

Section 3. Voting Privileges

All members of University Advisory Councils shall have voting privileges.

Section 4. Term of Membership

Term of membership of representatives on University Advisory Councils is as follows: Faculty Senators, Staff Senators, representatives of college faculty, library faculty, administrative and professional faculty, the salaried staff, and any other elected non-student council members serve for a term of three years. They may serve no more than two full consecutive terms on any given advisory council. Terms are staggered to permit replacement of approximately one-third of the membership each year. Deans are elected by the Council of College Deans and serve for two years. The student representatives serve for terms of one year and are not eligible to serve more than two consecutive terms. Vacancies in unexpired terms are filled by the relevant body. Membership is effective the first day of July.

Section 5. Alternates, Substitutes, and Visitors

The advisory councils may permit alternates with voting privileges and substitute members with voting privileges, where such privileges are not limited by the constitution and bylaws of the participating assembly, association, senate, or group. Visitors may attend meetings of University Advisory Councils.

Section 6. University Advisory Council on Strategic Budgeting and Planning

Charge: The Advisory Council on Strategic Budgeting and Planning serves a primary advisory role for the university budgeting and planning process. It reports jointly to the President and the University Council. Areas for consideration include: monitoring the University planning and budgeting processes; participating in and advising on the development of biennial budgets, the formulation of the university plan, and the development of university capital and facilities plans, and the reconciliation of the plan and the available resources; consulting on other budget and planning matters; and addressing matters of policy relative to budget and planning and appropriate for governance consideration and, in such instances, making recommendations to the University Council.

Records and Confidentiality: When acting in its advisory and consulting role, the Advisory Council will treat information, discussions, and recommendations with discretion and, whenever requested, in confidence since there will be times in the budget and planning process when matters must be handled confidentially. When acting in its capacity as a normal part of the governance system, the Advisory Council will keep minutes and forward approved copies of such to University Council.

Article IX. University Committees

Section 1. Organization

University Standing Committees are those committees constituted on a continuing basis by the President on recommendation of the University Council to deal with matters of a university-wide interest. Each standing committee reports directly to at least one commission.

The President also constitutes ad hoc and special committees as may be needed for consideration of matters of a non-recurring nature.

Section 2. Committee Membership

Membership on most standing committees should include undergraduate students, graduate students, salaried staff, and faculty representatives as well as administrators. Committee membership may be determined by a variety of methods: appointment by the President, nomination by the relevant body with appointment by the President, or election at large. The host commission usually appoints a commission member to the standing committee. Standing committees may also be constituted wholly, or in majority, by members of the host commission. The method of selection shall be specified in the University Council By-Laws.

The standing committee chair shall be from among the committee members. The chair shall be appointed by the President, recommended by the host commission with appointment by the President, or elected by the committee, as specified in the By-Laws.

All standing committee members will have voting privileges.

Ad hoc and special committee members are appointed by the President of the University. The President also determines for each of these committees which of the committee members shall be chairperson.

Section 3. Term of Appointment

Terms of membership of elected representatives on University Standing Committees are as follows: Faculty Senators, Staff Senators, representatives of college faculty, library faculty, administrative and professional faculty, the salaried staff, and any other elected non-student committee members are elected for a term of three years. They may serve no more than two full consecutive terms on any given committee. Terms are staggered to permit election of approximately one-third of the membership each year. Deans are elected by the Council of College Deans and serve for two years. The student representatives serve for terms of one year and are not eligible to serve more than two consecutive terms. Vacancies in unexpired terms are filled by the relevant body. Elections are effective the first day of July.

Ad hoc and special committee members serve according to the terms established when the committee is constituted.

Section 4. Committee Reports

All standing committees shall prepare minutes of their meetings, as a permanent record of committee activity. Each standing committee will submit its approved minutes to the commissions to which it reports for review and approval. Committee-approved minutes will also be submitted to the chairs of the Faculty and Staff Senates, and the administrator of the Virginia Tech University Council website.

Article X. Operational Committees

University Operational Committees are those committees constituted on a continuing basis and appointed by the President, Provost, the Executive Vice President, or one of the Vice Presidents or Vice Provosts to deal with matters of university-wide interest that fall primarily within the responsibilities of the appointing officers. Unless made the subject of specific legislation to the contrary, each University Operational Committee is constituted, charged, and staffed as the appointing administrative officer deems appropriate. A record of University Operational Committee chairs and members shall be maintained by the Secretary of the University Council. Approved minutes of meetings of University Operational Committees shall be written by each committee and maintained by the administrator who established it and to whom it reports.

Article XI. Other Committees

The University Council, University Commissions, and University Advisory Councils may request and their chairpersons may appoint special committees, boards, and ad hoc committees as needed.

Article XII. Meetings and Procedures

Section 1. Parliamentary Procedures

The latest edition of Robert’s Rules of Order [Webster’s New World Robert’s Rules of Order, Simplified and Applied], subject to special rules as may be adopted by the University Council, shall govern the procedures of the University Council, University Commissions, University Advisory Councils, University Standing Committees, and other committees and boards. (Last updated June 7, 2004 – BOV approved)

Section 2. University Council Procedures

1. The University Council shall meet regularly during the academic year and at other times as called by the Chairperson. Cancelled meetings shall be noted in the minutes of the subsequent University Council meeting.
2. The Secretary shall prepare and distribute the agenda to members of the Council one week prior to each meeting. Items to be placed on the agenda must be submitted to the Secretary at least ten days prior to the meeting date. The Secretary will record the minutes (including attendance) of each University Council meeting, which will be distributed to all members of the Council. The minutes will be available to the public on the University Council website.
3. Any member of the University Council may place an item on the agenda by following the procedures of Article XII, Section 2(2). This procedure provides a means for any group to submit items of urgency directly to the University Council for consideration. However, under normal operating procedures, policy recommendations and decisions are reviewed by the appropriate commissions and then submitted to the University Council for disposition.

Section 3. Procedures for University Commissions and Advisory Councils

1. Each University Commission and University Advisory Council shall meet regularly during the academic year and at other times as called by the Chairperson.
2. The Chair of each Commission and Advisory Council shall prepare and distribute the agenda to members of the Commission or Council one week prior to each meeting. Items to be placed on the agenda shall be in the hands of the Chair at least ten days prior to the meeting date. The Chair may appoint or designate a Secretary to record the minutes (including attendance) of each Commission or Advisory Council meeting, which will be distributed to all members of that body for their approval. Approved minutes will be sent to the Secretary of University Council for distribution to University Council members for routine review and subsequent posting to the University Council website. The minutes may be distributed to members of the Faculty Senate and Staff Senate, and to other personnel in the University designated by the Commission, Advisory Council, or the University Council.

Section 4. Committee Procedures

Each University Standing Committee, University Operational Committee, special committee, ad hoc committee, and board meets as frequently as required to fulfill its responsibilities.

Article XIII. Amendments

Section 1. Notice of Proposal

Notice of proposal to amend the Constitution shall be given in the University Council agenda and considered at no fewer than two meetings of the University Council prior to voting. The proposed amendments shall be distributed with the agenda. A two-thirds affirmative vote of all members of the Council is required for approval.

Section 2. Ratification and Approval

Except in the case where adoption of a different parliamentary authority is proposed, an amendment to the Constitution becomes effective upon ratification in the following order by the Faculty and Staff Senates and the University Council, and approval by the President of the University and the Board of Visitors.  A different parliamentary authority or set of guidelines may be adopted at the University Council’s first meeting of the academic year by a two-thirds affirmative vote of all members of the Council and will stay in effect until changed.  Mid-year changes are not allowed.  Approvals by the Faculty and Staff Senates and the Board of Visitors are not required in this case.

(Last updated June 7, 2004 – BOV approved)

Section 3. Amendments to the Bylaws

Notice of any proposal to amend the Bylaws shall be given in the agenda. An affirmative vote of the majority of all University Council members is required for adoption. (See Article VII, Section 3 regarding changes to the referral procedures.)