12.1 Governance Plan The City University of New York School of Law
I. INTRODUCTION
A. PURPOSES
1. The central purpose of The City University School of Law (the “Law School”) is to create an educational program that will train students for the practice of law in the service of human needs and honor students’ aspirations toward building a legal career that reflects their commitment toward justice, fairness, and equality. The organization of work and life at the Law School is designed to encourage students to think actively about their life choices, their evolving concept of professionalism, and the content and processes of the law itself, in ways that foster their capacity to practice law in a socially useful manner.
2. This Governance Plan is intended to provide a governance system for the Law School that facilitates the realization of this commitment. This Governance Plan should be read consistent with the Bylaws of the Board of Trustees of The City University of New York, and nothing in this Plan should be read as inconsistent with the Bylaws of the Board of Trustees unless specifically so stated in this Governance Plan. The procedures that follow seek to encourage a spirit of relationship, trust, and community that operates within a framework of rules. The rules are designed to provide a framework within which people motivated by a sense of shared mission can operate in a manner that encourages responsibility and participation by all members of the Law School community.
3. In order to serve these ends, a governance system needs to respect both democratic modes of participation and an institutional authority that enables the Law School to maintain a coherent and coordinated expression of its purpose.
B. STATUS WITHIN THE CITY UNIVERSITY
1. The City University School of Law is a unit of The City University of New York (“The City University”). The Law School is a constituent element, similar to a college of The City University and shall have ties to all institutions within The City University.
C. TITLES AND DEFINITIONS
1. The Board or Board of Trustees means the Board of Trustees of The City University of New York.
2. The authorization and definition of titles for faculty, permanent Instructional staff, other instructional staff, and classified (non-instructional) staff at the Law School shall include only those titles authorized and defined in the Bylaws of the Board of Trustees.
3. Notices of reappointment at the Law School shall be handled in accordance with the Bylaws of the Board.
4. The term “administrative staff” or “administrators” shall mean full-time members of the instructional staff within the meaning of Section 6.1 of the Board of Trustees’ Bylaws who are not members of the faculty.
5. The term “support staff” refers to persons, other than students enrolled at the Law School, who are working full-time at the School, or who have worked parttime, at least 10 hours per week, at the School for at least six months, and are not members of the instructional staff.
II. THE DEAN
A. AUTHORITY OF THE DEAN
1. The Dean of The City University School shall be the chief educational and administrative officer of the Law School. The Dean of the Law School shall be a member of the CUNY Council of Presidents and shall have, subject to the provisions and exceptions contained in this Governance Plan, the duties and responsibilities of a college president as stated in Section 11.4 of the Board of Trustees Bylaws and other policies and resolutions of the Board. The Dean of the Law School shall have, subject to the provisions and exceptions contained in this Governance Plan, all of the rights and responsibilities of a president relative to all collective bargaining agreements, rules and regulations of CUNY Classified Service and all other policies and procedures issued by the City University of New York.
2. The Dean may be removed by the Board upon the recommendation of the Chancellor after consultation with the faculty of the Law School. The Dean of the Law School shall be a tenured member of the Law faculty.
3. The Dean of the Law School shall exercise all the responsibilities customarily exercised by law school deans. He/she shall consult with and report to the Chancellor. He/she shall have the affirmative responsibility for developing the academic program, enhancing the educational standards and assuring the academic excellence of the Law School. Such responsibility shall include but not be limited to the following duties:
a. to recommend, as stated in this Governance Plan, the appointment, promotion, and tenure of persons who will contribute to the improvement of the Law School program. These recommendations shall be consistent with the immediate and long-range objectives of the Law School;
b. to advise the Chancellor and the Board of Trustees on matters concerning the program of the Law School;
c. to provide advice concerning other law-related programs within The City University and to make recommendations on the development and operation of such programs;
d. to supervise and manage the work of the Law School faculty and employees, and to carry into effect the Bylaws, resolutions and policies of the Board of Trustees;
e. to prepare and implement a long-range plan for the Law School;
f. to act as chairperson of the faculty of the Law School and the Law School Committee on Personnel and Budget;
g. to review and recommend to the Chancellor and other appropriate officials the actions of the Law School faculty on matters of curriculum and other matters falling under faculty jurisdiction;
h. to consult with appropriate faculty committees on matters of appointments, reappointments, and promotions, taking systemic student evaluations into account;
i. to develop Law School activities that enhance the Law School’s involvement and reputation in the legal community;
j. to develop integrated courses of study with law-related disciplines;
k. to prepare and present an annual Law School budget to the Chancellor; l. to appoint such ad hoc and/or special committees as appropriate.
B. APPOINTMENT AND REAPPOINTMENT OF THE DEAN
1. When a vacancy occurs or is expected in the office of the Dean of the Law School, a Search Committee shall be established under the Board guidelines for Presidential searches.
2. A committee which will be constituted in the same fashion as a Presidential Review Committee will be appointed at the beginning of every fifth year of a Dean’s term to serve as a Review Committee to review the Dean’s performance. This committee will make a report to the Chancellor.
III. THE FACULTY
A. ORGANIZATION AND DUTIES
1. The faculty of the Law School will meet monthly, during the academic year, on the dates set forth in a calendar distributed at the start of each semester by the Dean. The faculty shall also meet on call of the Dean or upon the petition of 1/3 of the faculty, and the Dean will preside at its meetings. Within general policies established by the Board of Trustees, through its Bylaws, resolutions, policies, rules, regulations, and this Governance Plan, the Dean and Faculty of the Law School shall have the responsibility for formulating and administering the program of the School including such matters as faculty selection, retention, promotion and tenure; curriculum; methods of instruction; admission policies; and academic standards of retention, advancement and graduation of students.
2. The presence of a majority of the voting faculty shall constitute a quorum. A quorum shall be necessary for the transaction of any business. Business shall be conducted in accordance with Robert’s Rules of Order, latest edition. Minutes shall be kept of all meetings. The faculty may adopt such additional procedures for the discharge of its responsibilities under this Governance Plan, as it may deem necessary, subject to the approval of the Dean.
3. The agenda for the regular monthly faculty meeting shall be proposed by the Dean and distributed to the faculty within a reasonable time prior to the meeting. Any member of the faculty may add items to New Business. The proposed agenda shall be adopted by the faculty, by a vote of a majority of those present if a quorum is present, at the beginning of each faculty meeting and may be amended by the faculty by the same vote prior to its adoption. Once adopted the agenda may be amended in any manner by a 2/3 vote.
4. A faculty member who misses three regular faculty meetings during an academic year shall not be entitled to vote nor be counted towards a quorum at all faculty meetings for the remainder of the academic year in which the third absence occurs. Faculty members facing the loss of voting rights may appeal to the remaining voting faculty for a waiver of this rule by providing good and sufficient reasons. The waiver shall be granted if 2/3 of faculty present at a faculty meeting vote to approve the waiver.
5. The student government is authorized to elect three students, one from each class, who must be in good standing, to serve as ex-officio members of the faculty for the purpose of faculty meetings. The student government is also authorized to elect students in good standing to be the student members of faculty committees, except where otherwise specified by this Governance Plan or the Bylaws or resolutions of the Board of Trustees. All elected students must remain in good standing to retain their seats on committees or in student government; all serve for a one-year term and may be reelected. No student may serve in more than two elected positions under this Governance Plan, including student government, at a time. When a vacancy occurs, the student government may fill the vacant seat for the remainder of the term.
B. FACULTY COMMITTEES
The Faculty committees shall be those specified below and shall also include any additional committees created from time to time by action of the Faculty or the Dean.
1. The Personnel and Budget Committee
a. The Law School shall establish a Personnel and Budget Committee which shall be composed of five persons. Members of the Personnel and Budget Committee shall be Law School faculty members elected in accordance with the Bylaws and written policies of the Board of Trustees and one second or third year student elected by the students as a non-voting member. The manner of constituting the committee, and the procedure to be followed by it, shall be subject to the approval of the Dean of the Law School. This committee shall review all recommendations for appointment and reappointment, with or without tenure, to the faculty, and promotion in rank, special salary increases and increments, and applications for fellowship and other leaves. Additionally, the Committee on Committees may appoint other committees, when needed, to review faculty candidates and to develop reports, make factual findings, and make recommendations to the P & B on reappointment, tenure, and/or promotion. Upon receiving these reports and the factual record underlying them, the P & B shall make an independent assessment and recommendation to the Dean. These other committees shall review candidates’ qualifications under the policies and standards of the City University of New York as set forth in the Bylaws, personnel policies, and resolutions of the Board of Trustees of the City University of New York. It shall recommend action thereon to the Dean. The Dean of the Law School will be one of the five members of the Law School Personnel and Budget Committee and shall serve as Chair.
2. Faculty Search Committees and Faculty Appointments
The Dean, in consultation with the Personnel and Budget Committee, shall establish such Faculty Search Committees as are appropriate. All Faculty Search Committees shall adopt and follow appropriate procedures in order to assure compliance with The City University Affirmative Action policies and procedures. The Dean shall appoint a student member to each Search Committee.
b. A Faculty Search Committee shall report its recommendations to the faculty for discussion and then to the Dean. The Dean shall review the recommendations and make his or her own recommendation regarding each faculty appointment to the Personnel and Budget Committee.
c. The Personnel and Budget Committee shall review the recommendations of the Dean, consult with the full-time tenured and tenure-track faculty, and shall make its own recommendation regarding each faculty appointment to the Dean.
d. The Dean shall review the recommendations of the Personnel and Budget Committee and shall recommend to the Chancellor for appointment, only those persons who he/she is reasonably certain will contribute to the improvement of the academic excellence of the Law School.
e. The Chancellor will review the Dean’s recommendations in accordance with Section C of this Article.
3. Faculty Reappointment, Promotion, and Tenure Review Procedures
a. The Personnel and Budget Committee and all other committees charged with the review of faculty shall review all candidates’ qualifications under the policies and standards of The City University as set forth in the Bylaws, personnel policies, and resolutions of the Board of Trustees of The City University of New York.
b. The Dean shall review the affirmative recommendation(s) of the Personnel and Budget Committee and shall recommend to the Chancellor for reappointment, promotion, and tenure only those persons who he/she is reasonably certain will contribute to the improvement of the academic excellence at the Law School.
c. The Chancellor shall review the Dean’s affirmative recommendations in accordance with Section C of this Article.
4. The Admissions & Admissions Policy Committee
The Admissions & Admissions Policy Committee shall include the Assistant Dean for Enrollment Management and Director of Admissions, not fewer than three faculty, and two students who are members of the second or third year classes. Faculty appointments shall be for a term of two years.
a. The Admissions & Admissions Policy Committee shall review individual candidates for admission and recommend admissions policy, subject to the approval of the faculty, the Dean and the Chancellor.
b. No applicant may be admitted by the Law School except on the affirmative vote of the Admissions & Admissions Policy Committee. The Committee shall follow procedures that have been approved by the faculty and the Dean.
5. Scholastic Standards and Academic Standing Committee
a. The membership of the Scholastic Standards and Academic Standing Committee shall include an Associate Dean, who shall chair the Committee, not fewer than four faculty members and two third-year students.
b. The Committee shall review policies and procedures concerning scholastic standards and assist in the development of academic support systems for students.
c. The Committee shall apply the academic standards of the Law School to individual students from the time of admission until the granting of the Juris Doctor. The Committee will receive and act upon student appeals relating to academic matters.
6. The Curriculum Committee
a. The Curriculum Committee shall be composed of not fewer than four faculty and three student members. The term of all faculty members shall be two years.
b. The Curriculum Committee shall have authority to consider all proposals to review, modify, or develop the course of study for each of the years of the program, and all proposals relating to the educational program; including, but not limited to, evaluation of student work and scheduling.
7. Committee on Committees
a. A Committee on Committees shall be constituted each year, consisting of the Dean, two faculty members elected by the faculty, one student elected by the student government and one staff member elected by the administrative and support staff.
b. The Committee shall recommend, except with respect to committees that consider personnel matters or where specified in this Governance Plan or the Bylaws of the Board of Trustees, how many, if any, members of the faculty, administrative staff, and support staff shall be nominated to each committee. The Committee shall also propose nominations for membership and chair for each committee that shall be submitted to the faculty for election, substitution or addition. Except where the Board of Trustee Bylaws or resolutions are to the contrary, the normal term of office for faculty members on committees shall be two years and for students, one year. Committee members may be reelected unless the charge of the committee or rules of the Board of Trustees limits a member's term.
C. APPOINTMENTS AND REAPPOINTMENTS TO, AND PROMOTIONS WITHIN, THE INSTRUCTIONAL STAFF PROCEDURE
1. All appointments and reappointments, including reappointments with tenure, to, and promotions within the instructional staff, except where otherwise provided, shall be recommended to the Dean who shall review the recommendations and recommend to the Chancellor only those persons who he/she is reasonably certain will contribute to the academic excellence of the Law School.
2. The Chancellor shall review the Dean’s affirmative recommendations and shall recommend to the Board of Trustees for appointment, reappointment, promotion and/or tenure only those persons who he/she is reasonably certain will contribute to the improvement of the academic excellence at the Law School.
D. APPEALS
1. A Faculty member may appeal a negative decision of the Personnel and Budget Committee regarding his or her candidacy to the Dean, who shall consider, decide and notify the candidate regarding the appeal.
IV. APPOINTMENT AND REAPPOINTMENT OF EXECUTIVES AND ADMINISTRATORS
A. INITIAL PROCESS FOR APPOINTMENT AND REAPPOINTMENT OF ADMINISTRATORS OTHER THAN THOSE IN EXECUTIVE PAY PLAN TITLES
1. Proposed appointments, other than acting or substitute appointments, to positions on the administrative staff shall be reviewed initially, after a search, by the Dean.
There shall be an Administrative Screening and Review Committee. The Dean shall make his/her recommendations to the Administrative Screening and Review Committee. The members of the Administrative Screening and Review Committee shall be appointed by the Dean and shall consist of no fewer than five members, one of whom must be a classified staff member, and at least one of whom must hold a professorial appointment, and a majority of whom must be administrators. Service on this committee will be for two years. An Associate Dean shall chair the Administrative Screening and Review Committee.
2. The Committee will review proposed appointments and reappointments, and proposed title and salary recommendations, for administrative positions to assure that the applicable University standards have been met and that rates of pay for members of the Law School administrative staff take into account comparable rates at metropolitan area law schools and other institutions in The City University and, to the extent practicable, are commensurate for those with comparable tasks and comparable experiences within The City University. The Committee shall make its recommendation to the Dean. The Dean shall review those recommendations in making his/her own recommendation to the Chancellor for appointment or reappointment.
B. EVALUATION OF ADMINISTRATORS OTHER THAN THOSE IN EXECUTIVE PAY PLAN TITLES
Evaluation of the work of persons on the administrative staff is ultimately the responsibility of the Dean. The Dean, in consultation with the Administrative Screening and Review Committee as outlined in Section A above, may recommend for appointment or reappointment persons holding such titles in accordance with established University procedures.
C. APPOINTMENT OF PERSONS HOLDING PROFESSORIAL TITLES TO ADMINISTRATIVE DUTIES OTHER THAN THOSE IN EXECUTIVE PAY PLAN TITLES
1. The Administrative Screening and Review Committee of the Law School may recommend to the Dean that an administrative position be filled by an individual whose title is law school instructor, law school assistant professor, law school associate professor, law school professor, or law school lecturer. Such recommendation may, but need not, include a recommendation that the person receive a change in remuneration for work in that title.
2. If the Dean concurs with their recommendation he/she may make such a recommendation to the Chancellor in accordance with the procedures for appointments to the instructional staff.
D. APPEALS
1. An administrator may appeal a negative decision of the Administrative Screening and Review Committee regarding his or her candidacy to the Dean, who shall consider, decide, and notify the candidate regarding the appeal.
V. BOARD OF VISITORS
A. There shall be a Board of Visitors for The City University School of Law appointed by the Chancellor. The Board of Visitors shall be made up of distinguished jurists, lawyers, scholars, and other interested persons. Its role will be to advise the Law School about its academic program, its role in the community, placement of graduates and the like. It shall assist the Dean, the Chancellor and the Board of Trustees in all aspects of the Law School’s development efforts. It shall serve as a liaison between the Law School, the legal profession, and the public and private groups, which are served by the legal profession and participate in the legal process.
B. Members of the Board of Visitors will be appointed for three-year terms upon the recommendation of the Dean of the Law School, with the concurrence of the Chancellor.
C. The membership of the Board of Visitors should reflect the Law School’s role in the Borough of Queens, in the City, the State, and the Nation. The Board of Visitors shall be governed by Bylaws promulgated by the Board of Visitors.
VI. AMENDMENTS
A. AMENDMENT PROCEDURE
1. Amendments to this Governance Plan may be recommended by the Faculty, the Dean, or the Chancellor. Any recommendations which originate in the Law School Faculty must be first submitted to the Dean for consideration. The Dean shall review the Faculty recommendation(s). Any recommendation in whole or in part approved by the Dean or any modification thereof that the Dean determines to be in the best interests of the Law School shall be recommended to the Chancellor for further consideration.
2. The Chancellor shall review the Dean’s recommendations. Any recommendation in whole or in part approved by the Chancellor or any modification thereof that the Chancellor determines to be in the best interests of the Law School shall be recommended to the Board for approval.
3. No change in this Governance Plan shall be implemented until it has been adopted by the Board. Amended by the faculty on December 10, 2008 Approved by the Board of Trustees on February 23, 2009
Amended December 9, 2008, approved by CUNY Board of Trustees March 23, 2009. Amended may 6, 2016, approved by CUNY Board of Trustees June 27, 2016. Amended on September 9, 2016 and approved by CUNY Board of Trustees January 30, 2017 (Cal. No.5.C.) with effective date as of 1/31/2017. Amended on October 23, 2017.