Posted Feb. 26, 1997
Date of Document: May, 1993
CONSTITUTION OF THE MEDICAL FACULTY ASSEMBLY
UNIVERSITY OF SOUTHERN CALIFORNIA SCHOOL OF MEDICINE
ARTICLE I NAME
The name of the body shall be the Medical Faculty Assembly.
ARTICLE II PURPOSE
The purpose of the Assembly shall be to represent the faculty of the USC School of Medicine. It shall concern itself with issues directly related to faculty status, responsibilities, and welfare within the School of Medicine. In discharging its functions, the Assembly serves as a factfinding, deliberative and consultative body with the authority to make studies, reports, and recommendations on all matters which have a significant bearing on the work of this faculty. The Assembly will communicate its deliberations to its constituents as well as to the Dean of the Medical School. The Assembly will receive all reports under consideration by the Faculty Executive Council (FEC), and will submit the minutes of its meetings to the FEC.
ARTICLE III REPRESENTATIVES
III. Section 1. Qualifications.
Representatives shall be faculty members with fulltime academic appointments (TENURE and NONTENURE tracks) at the Medical School whether or not receiving remuneration from the Medical School, and whether or not primarily located at the Medical School Campus.
III. Section 2. Term of Office.
The term of each representative shall be two academic years. A representative may stand for reelection for a second term but no member shall remain in the Assembly for a continuous period exceeding four years. Terms of office shall be staggered so that one half of the representatives will take office each May. A list of constituencies shall be updated each year and attached to this constitution.
III. Section 3. Definition of constituencies.
Each academic department, each major hospital affiliate with ten or more fulltime faculty, and the Norris Medical Library shall be considered a constituency.
In the case of a faculty member with more than one departmental appointment or more than one assigned location or both, the determination of the constituency is based on the member's principal affiliation and location. A member of the faculty eligible for either major hospital affiliate representation or departmental representation must choose one or the other and may not vote for a representative of more than one constituency.
The establishment of new constituencies requires approval by a twothirds majority vote of the Assembly, following petition by the prospective group. Petitions for the establishment of a new constituency require the signatures of 10 or more faculty members. Such petitions will be considered and voted upon annually.
III. Section 4. Representation of Constituencies.
Membership shall be apportioned to provide a representative and an alternate for each constituency. If the representative holds a tenured position, the alternate shall be nontenured, except for departments lacking nontenured positions.
For each major hospital affiliate with 2 or more departments, the representative and the alternate shall be from different departments whenever possible.
III. Section 5. Eligibility to vote.
All persons with fulltime academic appointments (TENURE and NONTENURE tracks) at the Medical School, whether or not receiving remuneration from the Medical School, and whether or not primarily located at the Medical School Campus, may vote for the representative from their constituency.
III. Section 6. Election Procedures.
Nominations and elections for representatives will be on a staggered basis so that one-half of the representatives will take office each year. These regular elections will be held during the month of May, and voters will elect a representative and an alternate. The Medical Faculty Assembly shall solicit two or more nominations for representative and alternate from each constituency. At least one nominee shall hold a tenure track position. Elections shall be conducted by secret ballot of the members of each constituency. Supervision of the election and certification of results will be the function of the Medical Faculty Assembly.
III. Section 7. Recall of Representatives.
A recall ballot will be distributed to a representative's constituency by the Secretary of the Assembly upon receipt of a petition signed by at least 20% of the constituency. If a majority of the votes cast favor recall, the office shall be declared vacant and filled by the elected alternate. A special election shall be held to elect a new alternate.
ARTICLE IV DUTIES OF THE REPRESENTATIVES
IV. Section 1. The primary duty of the elected representatives is to represent their constituencies. In this capacity they shall: study the documents circulated to the Assembly membership and be present for their discussion; inform their constituency as to the content of Assembly discussions; solicit the opinions of that segment of the faculty upon matters before the Assembly. The elected representatives may, from time to time, be requested by the Assembly to poll formally their constituencies for their views on School affairs.
IV. Section 2. Either the elected representative or the alternate for that constituency is required to attend each meeting. It is the responsibility of the representative to arrange for the attendance of the alternate in the event of absence. The representative also is required to notify the Secretary of this substitution.
Should both the representative and the alternate be unable to attend an Assembly meeting, the representative may appoint a member of the constituency to serve as interim representative. Prior notification of the President is required for such a substitution.
If a representative is absent from more than two regular Assembly meetings without prior notification, the seat will become vacant and the alternate will be declared to be the incumbent representative. A special election of the constituency will be held to elect a new alternate.
ARTICLE V OFFICERS
V. Section 1. Officers of the Assembly shall be President; President-elect, who shall function also as Vice-President; and Secretary. Selection of the President-elect shall be such that he/she will be a representative of a basic science department if the President is a representative of a clinical department or a representative of a clinical department if the President is a representative of a basic science department. Officers shall be elected from the membership of the Assembly.
V. Section 2. Officers shall serve for one year, and their term of office shall begin at the close of the June meeting.
V. Section 3. No member shall hold more than one office at a time, and no member shall be eligible to serve more than two consecutive terms in the same office.
V. Section 4. Election Procedures.
V.4.a. The Nominating Committee shall present its recommended slate of candidates to the MFA in April. MFA representatives will discuss the recommended slate of officers with their constituencies in April and May.
V.4.b. At the June meeting, the MFA will vote on the recommended slate of officers by secret ballot.
V.4.c. If a majority of the members present rejects the proposed slate of officers, the Assembly will offer its own nominations and elect a slate of officers at the June meeting.
V. Section 5. In the event that any duly elected officer of the Assembly shall resign or become unable or ineligible to serve, the Assembly shall elect a successor from the eligible members to serve the unexpired portion of the term of such office.
V. Section 6. For recall of Officers of the Assembly, a recall ballot will be distributed to members of the Assembly by the Secretary of the Assembly upon receipt of a written petition signed by one-third of the Assembly membership. If a two-thirds majority of votes favor recall, the office shall be declared vacant. A special election shall be held in the Assembly to elect a new officer to serve the unexpired portion of the term of such office.
ARTICLE VI DUTIES OF THE OFFICERS
VI.A. President
VI.A.i. Preside at all meetings.
VI.A.ii. Serve as representative of the faculty of the School of Medicine to the Faculty Executive Council.
VI.A.iii. Preside at meetings of the facultyatlarge.
VI.B. President-elect
VI.B.i. Preside at all meetings in the absence of the President.
VI.B.ii. Chair the Nominating Committee
VI.C. Secretary
VI.C.i. Notify all members of the times and places of all meetings and agenda thereof.
VI.C.ii. Notify the facultyatlarge of agenda items before the Medical Faculty Assembly by publishing such information in a newsletter mailed to all faculty members. In addition, the secretary may post notices on suitable bulletin boards, and/or enter such data into the Electronic Bulletin Board at the Norris Medical Library.
VI.C.iii. Prepare minutes of all meetings and distribute them through an appropriate vehicle to the faculty.
VI.C.iv. Preserve all documents of the Medical Faculty Assembly and its standing and ad hoc committees.
ARTICLE VII - EXECUTIVE BOARD
VII. Section 1. The officers of the Assembly shall constitute the executive Board. The immediate past MFA president shall be invited to serve exofficio.
VII. Section 2. The members of the Executive Board will meet regularly with the Dean of the Medical School.
VII. Section 3. The Executive Board shall have general supervision of the affairs of the Assembly in the intervals between its business meetings, fix the hour and place of meetings, make recommendations to the Assembly and shall perform such other duties as are specified in these bylaws. The Board shall be subject to the orders of the Assembly, and none of its acts shall conflict with action taken by the Assembly.
VII. Section 4. Regular meetings of the Executive Board shall be held prior to meetings of the MFA. Special meetings of the Board may be called by the President and shall be called upon the written request of two members of the Board.
ARTICLE VIII DUTIES OF THE EXECUTIVE BOARD
VII. A. Preparation of the agenda for meetings of the MFA Executive Board, regular MFA and general faculty meetings, and meetings of the Executive Board with the Dean.
VII. B. Overseeing elections of representatives of the Medical Faculty Assembly, and senators to the University Faculty Senate.
VII. C. Nomination annually of faculty representatives to all Standing committees of the School of Medicine to be confirmed by a 2/3 vote of those representatives present and voting at a regular meeting of the MFA.
VII. D. Preparation of a slate of MFA representatives or alternates to serve on the Nominating Committee.
VII. E. Resolution of all procedural matters.
ARTICLE IX MEETINGS OF THE MEDICAL FACULTY ASSEMBLY
IX. Section 1. The Assembly will hold eight meetings on an established monthly schedule, September through June. Whenever possible, meetings shall be held prior to all regularly scheduled meetings of the Faculty Executive Council.
IX. Section 2. The regular meeting in June shall be known as the Annual Meeting and shall be for the purpose of electing officers, receiving reports of officers and committees and for any other business that may arise.
IX. Section 3. All regular Assembly meetings will be open for observation by faculty members. The right to address the Assembly is restricted to elected representatives. Others may address the Assembly by prior invitation.
Alternates, attending with the elected representative also in attendance at a regular meeting, may participate fully in discussions, but may not present motions, second a motion, or vote.
IX. Section 4. Special meetings of the Assembly may be called by any MFA officer or on request of any three members of the MFA or the Dean.
IX. Section 5. At any meeting the Assembly may, with concurrence of two- thirds of the voting members, adjourn a matter to a closed session. Attendance at a closed session shall be restricted to regular members and alternates. Following full discussion of the matter, the final decision shall be recorded by a vote taken in a regular open session.
IX. Section 6. Onehalf of the members of the Assembly shall constitute a quorum.
ARTICLE X MEETINGS OF THE FACULTY AT LARGE
X. Section 1. The MFA shall sponsor at least two meetings per year of the faculty-at-large. A fixed agenda established by the MFA Executive Board will provide for general discussion of issues and for questions to the Assembly by any faculty member in attendance.
X. Section 2. A quorum for votes on items published on the agenda for any meeting of the facultyatlarge shall consist of those present. The quorum for nonagenda items at any regularly scheduled meeting and for all items at any special meeting shall consist of at least ten percent of the fulltime faculty. A resolution by a threefifths majority of those present and voting at any regularlyscheduled meeting shall be adequate cause to require reconsideration of any decision or recommendation made to the Dean by the Medical Faculty Assembly or the Faculty Executive Council.
X. Section 3. Special meetings of the faculty may be called at any time by the Dean, the President of the Medical Faculty Assembly, or upon petition by any 20 members of the Faculty. Resolutions for reconsideration arising out of special faculty meetings shall require a three-fifths majority of those present and voting.
ARTICLE XI COMMITTEES
XI. Section 1. Standing and special committees will be formed as determined by the Assembly. At least 60% of committee members shall be elected Assembly members. A list of these committees and their members shall be included in an Assembly Roster.
XI. Section 2. Standing committees will regularly submit reports of their activities to the Assembly. Such reports shall be made available to the faculty.
XI. Section 3. Nominating Committee. A Nominating Committee shall be formed each March to nominate candidates for officers for the subsequent year (i.e., President-elect and Secretary). The Nominating Committee shall consist of the President-elect (chair), the current President, and 3 other members elected by the Assembly.
ARTICLE XII PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Assembly in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Assembly may adopt.
ARTICLE XIII AMENDMENTS
XIII. Section 1. Amendments to the Constitution of the Assembly may be proposed by twothirds vote of the Assembly. The proposed amendments and a ballot shall be mailed to each member of the Medical Faculty at least 30 days before deadline for return of the ballot.
XIII. Section 2. Amendments to the Constitution require a twothirds majority vote cast by more than onethird of the eligible voters.
ARTICLE XIV BYLAWS
XIV. Section 1. The Assembly shall adopt such bylaws as it considers necessary for the conduct of its business.
XIV. Section 2. Bylaws may be adopted or amended by majority vote of the Assembly at any regular meeting, provided that the proposed bylaws or their amendments have been submitted in writing to the Assembly at a prior meeting.
XIV. Section 3. Election of MFA Representatives. Election of MFA representatives and alternates in departments whose representatives are completing a two-year term shall be held in April. Names of faculty willing to serve will be solicited by the current representative, and by a periodic survey of the faculty by the MFA. The MFA election officer will distribute ballots to the faculty in departments electing representatives. Ballots will be returned to the MFA for tabulation.
XIV. Section 4. Nomination of Officers. The nomination of new officers shall take place annually after the election of new MFA representatives.
XIV. Section 5. Eligibility to Serve as Officers of the MFA. Officers must be members of the MFA at the time of election. However, since the president-elect is elected one year before the start of his term as president, he may serve as president ifhe is no longer the representative from his department. Similarly, the immediate past president shall continue to be a member of the MFA. Superseded by a motion stating that any present or former member of the MFA may serve as President.
XIV. Section 6. Procedures of the USC School of Medicine Grievance Committee.
XIV. 6. a) In the event a faculty member considers that his/her rights are about to be violated, or have been violated, the faculty member should discuss the matter, in the following order, with the relevant Division/Section Chief, Department Chairperson, other administrators, and the Dean, in personal conferences in order to resolve the issue satisfactorily. The faculty member is encouraged, at an early stage, to seek the private counsel of the Chairpersons of the SMGC and of the Faculty Senate Committee on Faculty Rights and Responsibilities. If settlement does not result, the faculty member or the Dean may request that the SMGC intervene.
XIV. 6. b) A faculty member may grieve by submitting a completed grievance form to the Chairperson of the SMGC. This must be accomplished in a timely fashion, recognizing that, if mediation by the SMGC is unsuccessful, the grievant has a time limit of nine (9) calendar months from the date of discovery of the event grieved to file a formal grievance with the Faculty Appeals Officer.
XIV. 6. c) Normally, within five (5) working days of receipt of the grievance form, but not later than ten (10) working days, the Chairperson of the SMGC shall appoint a panel consisting of two or three members of the Grievance Committee for the purpose of mediating the grievance and shall notify the Dean. The function of the panel is to resolve the conflict by confidential investigation of the problem, including review of relevant documents, and by interviews of persons involved and other persons, as needed. Panel members will meet with the parties concerned; but if either party chooses, a meeting with the entire SMGC can be arranged. The panel will present the information gathered to the SMGC for advice and recommendations. The SMGC will then make recommendations to the Dean.
XIV. 6. d) If mediation is successful within thirty (30) working days of receipt of the grievance form, the SMGC shall notify all parties involved and the Dean. If the conflict is not resolved within 30 working days, but it appears that mediation might yet be successful, a thirty (30) working day extension may be granted if approved by both the grieving faculty member and the Dean. If mediation is deemed unsuccessful after the abovementioned time period(s), the SMGC shall so notify all parties involved and the Dean, and will apaprise the grievant of his/her right to file a grievance with the Faculty Appeals Officer.
When the grievance is concluded, a file shall be retained by the Chair of SMGC. Grievance materials shall be in safekeeping at all times and available only to the SMGC, the Dean, and, if applicable, to the AAUP representative.
XIV. Section 7. The MFA shall elect a Treasurer to the Executive Committee. One of the duties of the Treasurer would be to oversee the Faculty Senate elections.
BYLAWS (Continued)
The following additional Bylaws were passed by the MFA in April, 1996:
1. The Executive Board may include up to three elected, nonvoting Members-at-large. The other members of the Executive Board remain the same as before, namely President, President-elect, Secretary, Treasurer, and Past-president.
2. Up to three members of the Executive Board may be former members of the MFA. The other Executive Board members must be MFA members at the time of election.
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FEBRUARY 1997:
Note regarding the above text.
The above text was created by Harvey Kaslow from a document given to him by Robert Stellwagen. The document was scanned into a computer using optical character recognition software. The resulting text was then revised by modifying the numbering to reflect complete numbering, removing indentations from paragraphs, changing underlined text to bold text, making some heading text bold, and converting all text to 12PT Courier New.
Submitted by Harvey Kaslow, Secretary, MFA.