Constitution

COLLEGE OF ENGINEERING
UNIVERSITY OF DELAWARE
(Approved August 8, 2003)

You may download a copy by clicking here

PREAMBLE

We, the members of the Faculty of the College of Engineering of the University of Delaware,
Concerned with continual improvement of academic standards in Engineering and with dedication to the achievement of academic excellence,
Convinced that those directly involved in the instructional and research activities of the College also must play an active role in administrative and academic affairs relating to the College,
Aware that a regular authorized and representative agency of the Engineering College must serve this function if academic excellence is to be achieved, maintained and improved,
Recognize establishment of the Engineering Faculty by the Board of Trustees to constitute the official channel of faculty opinion in all matters which bear upon the academic program.

ARTICLE I. GENERAL POWERS

1. All matters relating to the educational and administrative affairs of the College of Engineering, and consistent with the University Charter, the Trustee By-laws, and the University Faculty Constitution and By-laws, heretofore and hereafter adopted or established, are committed to the College Faculty for the purposes of governing the College.
2. The College Faculty exercises control over all engineering degree programs and curricula. It shall -
   1. provide for the establishment and deletion of curricula and courses;
   2. formulate educational and academic standards and advise on admissions to the College;
   3. determine the College requirements for degrees and recommend candidates for diplomas, degrees and certificates;
   4. recommend to the Dean or Faculty Senate for appropriate action the educational and academic policies relating to the administration of university services (e.g., university library, computing center, etc.) as they pertain to the College;
   5. adopt regulations governing its own procedures; and
   6. make recommendations for conduct of formal exercises and public functions held under the auspices of the College.
3. The College Faculty has the privilege to consider and make recommendations for appropriate actions to the Dean upon -
   1. matters of general interest to the College and
   2. policies governing appointments, promotions, tenure, dismissals and salaries.
4. The College Faculty is responsible for the nature and the quality of the College's instructional, research, and service programs.

ARTICLE II. MEMBERSHIP OF FACULTY

1. Faculty. The College Faculty shall consist of the Full Professors, Associate Professors, Assistant Professors, and full-time Instructors in the College; faculty with joint appointments; faculty with secondary appointments; faculty with adjunct appointments; Lecturers; Visiting Faculty and Emeritus Faculty. A faculty member on temporary leave shall retain faculty status. The letter of appointment will establish the classification of each faculty member.
2. Voting Faculty. Voting membership is restricted to those members from those College Faculty listed in Section II.A. who hold full-time tenured or tenure-track positions and have full or joint (salary-based) appointments in the College. The Dean is a voting member of the faculty. Emeritus faculty may not vote.
3. Dean of the College.
   1. The Dean of the College, as the chief representative and executive officer of the College, shall have general administrative authority over college affairs, exercise leadership in the formulation of policies, introduce educational ideas and proposals, and stimulate college discussions leading to improvement of the educational programs of the College. Responsibilities shall include both strengthening the College and its programs and interpreting and defending those programs to the University and the community.
   2. The Dean, as chief executive officer of the College, shall have final authority to make budgetary recommendations to the Provost, consult with the Department Chairperson on matters which affect the Department, and consult with the College Faculty concerning budgetary matters which affect the College as a whole.
   3. The Dean may appoint a committee to advise on any matters of concern to the College of Engineering.

ARTICLE III. AMENDMENTS

This Constitution can be changed only through mail balloting, by a two-thirds vote of the total voting membership of the College Faculty. Petitions for such changes must be presented for discussion at a faculty meeting preceding the balloting by two weeks or more.

BY-LAWS

ARTICLE I. ORGANIZATION AND PROCEDURES

1. Presider. The Dean of the College shall preside over College Faculty meetings. An Associate or Assistant Dean shall preside in the absence of the Dean or when the Dean takes the floor.
2. Meetings. The College Faculty shall meet at least once a semester at times determined by the Dean. Special meetings of the Faculty may be called by the Dean, or by written petition of 15 percent of the voting membership of the College Faculty presented to the Secretary of the Faculty, or by a majority vote at a regular or special faculty meeting. The Dean shall establish dates for regular meetings and distribute the list to faculty members within three weeks after the start of the academic year. Written notice of special faculty meetings shall be given to the Faculty at least forty-eight (48) hours (not including Saturdays, Sundays or official University holidays) in advance of such meetings, preferably with one week's notice.
3. Agenda. The agenda for the regular faculty meeting shall be established by the Dean. Other items can be added by a majority vote of the advisory committee to the Dean or a written petition to the Dean of 15 percent of the voting membership of the College Faculty. Under new business, resolutions introduced from the floor shall be entertained. The agenda for each faculty meeting must be distributed to the Faculty at least forty-eight (48) hours (not including Saturdays, Sundays or official University holidays) before the meeting, but preferably one week in advance. Any resolution which is not part of an agenda item, that is introduced from the floor, will be placed on the agenda of the next meeting, at which time action can be taken. A resolution concerning death of a person associated with the College can be acted upon at the meeting at which it is introduced.
4. Quorum. One-third of the voting membership of the College Faculty not on leave shall constitute a quorum. The Faculty shall abide by its own rules of procedure, but in cases where it has adopted no explicit rules, or where applicability or interpretation of rules is in doubt, the most recent addition of Robert's Rules of Order shall govern. A Parliamentarian may be appointed by the Dean to assure orderly meetings.
5. Conduct of Business. The first part of the agenda will consist of old business, which will be disposed by majority vote of those present. Any resolution received by the Faculty at least one week prior to the meeting will be considered old business. The second part of the agenda will consist of new business. New business included in the agenda will require a two-thirds vote of those present for disposition.
6. Items Requiring a Vote of the Faculty. The following items must be discussed in a regular or special faculty meeting, and brought to a vote by the entire College Faculty: creation or elimination of programs or departments, relocation of existing programs or departments into or out of the College, merger of existing programs or departments in the College, changes in names of departments, and resolutions or motions which have effect upon the University, colleges or departments of the University other than the College of Engineering or its departments.
   
   The proposed action will be considered to have been recommended by the Faculty if it has the support of a majority of the voting members of the College Faculty as determined in a secret mail ballot. The tally should be noted clearly in any related proposals going from the College to the University.
   
   For curricular issues, see Section III.A.
7. Faculty Secretary. A Faculty Secretary shall be appointed by the Dean for an academic year. The Faculty Secretary may be reappointed.
8. Faculty Meetings. Under the direction of the Faculty Secretary, a record of each faculty meeting shall be prepared and distributed to each faculty member within two weeks of the meeting reported. Any prior pertinent actions will be reported to the Faculty prior to a subsequent meeting. A permanent record of faculty minutes shall be filed in the Dean's Office.

ARTICLE II. FACULTY COMMITTEES

1. General Function. The function of the Faculty Committees is to investigate, advise and recommend in those areas assigned and delineated below. The Promotion and Tenure Committee will be governed as described in Section II.D.2.
2. Standing Committees.
   1. Formation or Deletion. Standing committees can be formed or deleted by majority vote of the entire College Faculty (by mail ballot).
   2. Eligibility. Each member of the Voting Faculty shall be eligible for membership on standing committees with the power to vote. The Dean is an ex-officio member of all committees. No faculty member should serve concurrently on more than two (2) standing committees of the Engineering Faculty. Members are appointed by the Dean upon recommendation of the appropriate Department Chairperson.
   3. Presider. Presiders of the standing committees shall be appointed by the Dean. If the committee has been in existence for more than one academic year, the presider is usually appointed from those who have served on the committee for at least one academic year. The presider may be reappointed for one additional year only.
   4. Terms of Office. The terms of office of members of standing committees shall be three (3) years, with approxi­mately one-third of the membership of each committee retiring from office each year. Terms of office begin on the first day of the academic year following their appointment during the previous spring semester, except when a vacancy arises.
   5. Filling of Vacancies. The Dean will make appointments to fill unexpired terms when vacancies arise.
   6. Procedures of Standing Committees.
      1. Informal procedures shall govern all committee meetings, but a written record of their actions and a brief summary of deliberations shall be kept by the secretary appointed by the committee presider, and copies shall be provided for the files of the Dean of Engineering.
      2. Each committee shall meet at least once in the fall semester and once in the spring semester and make a report of its activities to the College Faculty at least once each year.
3. Ad Hoc Committees. Ad Hoc Committees of the Faculty may be created by the Dean's initiative or following the majority vote of the Voting Faculty at a duly constituted meeting. Presiders of such committees shall be responsible for providing a written report to the Faculty no later than June 1 of each year, or if the Ad Hoc Committee is terminated within the academic year, a terminal report shall be distributed within thirty (30) days of the committee's termination.
4. Composition and Function of Faculty Standing Committees.
   1. Educational Activities Committee.
      1. Composition. One faculty member from each department within the College of Engineering. One student selected by each department shall serve in an advisory capacity.
      2. Function.
         1. Reviews additions or deletions of courses and changes in course descriptions appearing in any University catalog prior to the Dean's approval.
         2. Reviews all changes in any curriculum involving the number, composition or prerequisites of required courses, or any changes that alter the total hours for graduation in any department prior to the Dean's approval and approval by the Engineering Faculty. The committee recommends approval or rejection of each of the changes to the Dean of Engineering and the Engineering Faculty.
         3. Reviews effectiveness of interdepartmental courses and programs (when there is not already a special committee in place to perform this function).
         4. Recommends new or revised educational programs.
         5. Acts as liaison between the Colleges of Arts and Science and Engineering regarding the General Education Program.
         6. Studies, reports to and recommends to the College Faculty new, innovative and improved teaching methods and techniques which may be of value to the College of Engineering.
         7. Encourages and organizes seminars, etc., for exchange of ideas regarding improved teaching.
      3. Actions. Actions taken under the authority delegated to the committee by items b.(1)-(7), which are not submitted to the Engineering College Faculty for approval, will be reported to the Engineering College Faculty either by written report distributed prior to each regularly scheduled Engineering College Faculty meeting or by oral report at the faculty meeting. In a vote to be taken by the committee, each member whose department is involved with the item to be voted on must be present. A majority vote of those present is required for approval or rejection.
   2. College Committee on Promotion and Tenure.
      1. Composition. One faculty member from each department within the College of Engineering, with each member elected by the faculty of the respective department. Each member must possess the rank of Professor and serve for at least two years with a maximum term of three years. Following the faculty member's term of service, he or she cannot serve for the next two years.
         
         Each member of the College of Engineering Promotion and Tenure Committee may participate in the discussion and vote on the candidates from his/her own department at the College level, but may not participate nor vote at the department level.
      2. Function. The first meeting of the Promotion and Tenure Committee during the academic year is called by the Dean of Engineering and instructions are given to the members to elect a presider. Normally, the presider will have been a member of the committee in the previous year or will have had recent experience in promotion and tenure decisions at the College or University level.
         
         Once the presider is selected, the committee is autonomous. It receives recommendations from departmental promotion and tenure committees and appeals from individual faculty members, and, based on the departments’, college’s, and senate’s criteria and procedures, formulates its own recommendations, and forwards those recommendations to the Dean and the University Faculty Senate's Promotion and Tenure Committee.
         
         This committee reviews college and department criteria and procedures at least every fifth year.
      3. Criteria. The College stresses certain qualifications for promotion, which the College's Promotion and Tenure Committee is required to consider in its evaluations and recommendations.
         
         The primary purpose of college level promotion and tenure review is to ensure uniform excellence among departments across the College. To this end, candidates for promotion are expected to demonstrate qualifications in three areas: teaching, research and scholarship, and service. Section III.B.8 of these by-laws provides the detailed listing of qualifications for each of these areas.
         
         Candidates for Assistant Professor are expected to exhibit promise in all three areas. Candidates for Associate Professor are expected to have demonstrated excellence in research and a proven commitment to excellence in teaching and service. The evidence must include evaluations by experts outside the University. Candidates for Professor are expected to have demonstrated excellence overall and have earned a national or international reputation in one’s chosen field. This excellence and reputation must be supported by evaluations from experts outside the University.
      4. Documentation of Policies and Practices. Sections II.D.2 and III.B.8 of these by-laws comprise the College’s policies and practices pertaining to promotion and tenure. The College will publish and distribute these policies and practices to all faculty members, and a copy will be given to all new faculty during their first semester. Although the policies and practices may be excerpted from the by-laws for this purpose, any such excerpt must be direct in order to assure consistency.
      5. Schedule. Deadlines relevant to the promotion and tenure process are:
         
         15 March: Candidate gives his/her Chairperson written notice of his/her intention to apply for promotion. Department Promotion and Tenure Committee begins the process of soliciting peer evaluations.
         1 September: Dossier to Department Committee and Chairperson.
         1 October: Department Committee’s recommendation to the Chairperson.
         15 October: Chairperson’s recommendation to the College Committee and Dean.
         1 December: College Committee’s recommendation to the Dean.
         2 January: Dean’s recommendation to the University Promotions and Tenure Committee.
      6. Report to Candidate and Department. After review and discussion of each candidate’s dossier, the College Committee will vote by secret ballot, each committee member casting one vote. The results of the review and vote shall be promptly reported in full and in writing to the candidate and department and forwarded with the dossier for review and recommendation by the Dean. The committee must explain its disagreements, if any, with recommendations made at an earlier stage.
      7. Additional Evidence. Before reaching a final decision the committee may, indeed is encouraged to, consult with the candidate or department regarding additional evidence that might clarify the promotion dossier. The committee should allow a reasonable amount of time for this purpose.
      8. Dean’s Action. The Dean shall review the dossier and shall either endorse or recommend against the promotion in a written notification to the candidate, Department Committee, and College Committee. The Dean shall also forward the dossier and statement of action on it to the University Committee on Promotions and Tenure.
      9. Appeal. Candidates who wish to appeal the decision of the College Committee must notify the committee in writing no later than five (5) days following receipt of the committee's decision. The committee will schedule hearings which will be convened by the presider of the committee. Evidence in support of the appeal must be submitted to the committee at least twenty-four (24) hours prior to the hearing. Likewise, appeal of the decision of the Dean must be made in writing no later than five (5) days following receipt of the Dean's decision. Evidence in support of the appeal must be submitted to the Dean prior to a personal meeting.
      10. Confidential Letters. Confidential letters relevant to the promotion and tenure review process are the property of the Dean, and they are to be delivered to the Dean promptly upon conclusion of the review for which they were solicited.
   3. Outreach Advisory Committee.
      1. Composition. One faculty member from each Engineering department and one faculty member representing research centers.
      2. Function.
         1. Meets annually with the Engineering Outreach Executive Committee to discuss direction of Engineering Outreach programs and provide guidance to Outreach staff.
         2. Provides guidance to Outreach staff regarding hiring of outside instructors for non-credit short courses.
         3. Serves as liaison between Engineering Outreach and respective departments to ensure an effective work­ing relationship.
   4. RISE Faculty Advisory Committee.
      1. Composition. One faculty member from each department within the College of Engineering.
      2. Function.
         1. Discusses College and RISE Program support regarding faculty mentoring, student placement, student advising, scholarship and fellowship generation, enhancing and increasing student participation in research, maintaining or increasing the number of minority graduate students, and other issues deemed relevant to student success.
         2. Serves as liaison between Engineering Outreach and respective departments to ensure an effective working relationship.
         3. Advocates student development, enrichment and program success.
      3. Actions. Actions taken under the authority delegated to the committee by item b. will be reported to the Engineering College Faculty either by written report distributed prior to each regularly scheduled Engineering College Faculty meeting, or by oral report at the faculty meeting.

ARTICLE III. FACULTY ORGANIZATION FOR INSTRUCTIONAL PURPOSES

1. General. In order to fulfill its educational and instructional function as defined in the Constitution, the Faculty is organized into the following Departments: Air Force ROTC, Chemical Engineering, Civil and Environmental Engineering, Electrical and Computer Engineering, Materials Science and Engineering, and Mechanical Engineering.
   
   Changes in the number of hours for graduation, changes in the required courses of curricula, and establishing or deleting curricula shall require the approval of a majority of the entire College Faculty by mail ballot, and the action of the Dean of Engineering. Any such recommendation, along with any recommendation by the Dean of the College, then is submitted to the University Faculty Senate, the President of the University and the Board of Trustees for action.
2. Department Organization.
   1. The departments are organized on the basis of general areas of knowledge and research. The membership of each department consists of the faculty, defined in Section II.A. of the Constitution.
      
      All faculty in the College of Engineering must be assigned to at least one department within the College. Appoint­ment to a department requires a majority vote of the tenure-track faculty in the department.
      
      At any appropriate time recommendations may be sought, from an individual evaluator or a board of external evaluators, concerning the performance of the department and the future of the field.
   2. Chairpersons of the departments shall ordinarily be appointed for terms of five years, and shall be eligible for additional terms subject to departmental by-laws. The Dean shall receive nominations for chairpersons from the faculty of the department concerned, shall seek the consultation of all faculty of that department, and may appoint to advise a committee consisting of members of the department concerned and individuals closely related in discipline. In the selection process, recommendations of external referees may be considered. Upon concluding deliberations, the Dean shall nominate a Department Chairperson to the Provost of the University. The Dean may nominate an Acting Chairperson for a period not to exceed one year.
   3. Shortly before the chairperson's term of appointment expires, a review will be conducted as specified in the Faculty Handbook.
   4. A chairperson may appoint an associate or assistant, from among the department members holding regular faculty appointments.
   5. Directors of research centers are appointed by the Dean. The director must qualify for faculty status. Initial appointment is for two years with annual renewal without limit, based on performance and subject to solvency of the center.
   6. The duties of a Departmental Chairperson include responsibility for the following:
      1. Recommendations for new appointments, reappointments, and promotions within the department to the Dean of Engineering, after consultation with faculty members in the department and input from the students.
      2. An awareness of the professional and scholarly activities of faculty members in the department.
      3. General supervision of the work of students and staff employed by the department.
      4. Formulation, control of quality and improvement of educational programs, and assistance to graduating students with career placement. The faculty should be consulted concerning and to assist with these tasks.
      5. eview of performance of faculty and staff, assignment of workloads consistent with contracts existing between the University and the AAUP.
      6. Preparation of departmental budgets, and supervision of the expenditure of departmental funds in cooperation with other members of the department.
      7. The formulation and execution of departmental policies in cooperation with the other members of the department and the execution of the policies of the University and the College of Engineering insofar as they affect the department.
      8. Supervision and performance review on a continuing basis of directors of research centers and any admini­strative assistants or associates in the department.
      9. Allocation of office and research laboratory space.
   7. The duties of a member of the faculty of all Engineering departments include the following:
      1. The teaching of each assigned course within the faculty member's general competence.
      2. Conducting research and/or other scholarly pursuits related to the field of appointment and satisfying the conditions that the work can be conducted openly and has a reasonable chance of leading to results publishable in professional media.
      3. Advising, encouraging and challenging undergraduate and graduate students.
      4. Participating in the duties of departmental, college and university committees.
      5. Actively participating at professional meetings, symposia, and seminars, and keeping the departmental chairperson informed of these activities.
      6. Seeking sponsorship for research and/or other scholarly pursuits.
      7. Improving personal knowledge and capabilities in the chosen professional area of specialty.
      8. Pursuing all activities in a manner that aids the other faculty and students in their progress toward reasonable goals.
   8. The following qualifications are important when promotions and/or tenure are considered. The balance of responsibility for duties in each area will be established yearly in consultation with the department chairperson and in a way consistent with departmental workload policies.
      1. Teaching Performance. Evaluation of teaching performance will be based on the effectiveness with which ideas and techniques are communicated to and retained by the student, and the relevance of the material communicated. Evidence may include, but is not limited to, the following:
         • Student evaluations and testimonials from current and former students,
         • Testimonials from other faculty, both here and at other institutions,
         • Development of new undergraduate, graduate, and industrial courses,
         • Development of new teaching laboratories or the significant upgrading of existing teaching laboratories, and
         • Publication of textbooks, courseware, and other appropriate teaching materials.
      2. Research and Scholarship. The evaluation of the candidate’s research and scholarship will be based on the candidate’s contribution to the advancement of knowledge in engineering and applied science. Recognition by leaders in the candidate’s field of expertise is a major source of evidence in the evaluation of scholarly performance. In this context, peer reviews by such leaders must be present in the dossier and will be considered to be primary evidence. Additional evidence may include, but is not limited to, the following:
      • Publication of results in peer reviewed technical and professional journals and presentations at appropriate technical conferences,
      • Successful mentoring and supervision of students, especially Ph.D. students,
      • Securing of financial support for one’s research,
      • Election to scientific, engineering, and professional honor societies,
      • Awards from respected technical and professional societies, and
      • Publication of technical monographs and review articles.
      3. Service to the University and the Profession. The evaluation of the candidate’s service will be based on the candidate’s evidence which may include, but is not limited to, the following:
         • Significant contributions to one’s profession as editor, reviewer, organizer, recruiter, or sponsor,
         • Serving on, or chairing, committees within one’s department, the College, the University, and the community at-large, and
         • Significant contribution to student advising and student life at the University.
   9. Each department shall meet at least two times during each semester. The presiding officer shall be the department chairperson or a designee.
   10. The administration of a departmental course or section shall be the responsibility of the departmental member assigned to teach it. In courses involving more than one faculty member, the arrangements for administering the course will be made by the department chairperson. The faculty member responsible for any course or section shall supervise the teaching assistants' duties associated with that course or section.
   11. Departmental faculty meetings are called at the department chairperson's discretion subject to Section III.B.6 of the By-laws above or shall be called at the request of at least 25 percent of the members of the department.
   12. Each department may set up the standing committees and ad hoc committees that it considers appropriate to conduct its business.
   13. Nothing in this Article shall be understood to give a department any powers which contravene the rights of the College Faculty.

ARTICLE IV. REPRESENTATION ON THE UNIVERSITY SENATE

1. Elected and appointed senators from the College of Engineering provide the means by which the views of the College Faculty can be expressed in the University Faculty Senate. It is the responsibility of the elected senators from the College of Engineering to make reasonable efforts to ascertain the sentiments of the College Faculty and to represent those sentiments to the University Faculty Senate by their conduct as members of that body.
   
   The purpose of this Article is to define a procedure by which elected senators from the College of Engineering are to be selected. No provisions of this Article are to supersede provisions of the Constitution of the Faculty of the University of Delaware.
2. Time of Elections. Regular elections shall be held during the month of April each year. Special elections to fill vacant seats must be held within thirty (30) days after the Secretary of the Senate gives notice of the vacancy and calls for an election (Constitution of the Faculty of the University of Delaware, Section IV.5).
3. Election Committee. An Ad Hoc Election Committee consisting of one member from each department shall be appointed by the Dean of the College. Secretarial support for this committee shall be provided by the Office of the Dean. The Dean shall designate one member of the committee to preside. A quorum shall be half the membership of the committee.
   
   The committee shall prepare a list of faculty who are eligible to vote in the Senatorial Election, shall conduct the election, and shall be dissolved when the election is completed and the results reported.
4. Nominations. The committee shall request nominations for the vacant senate seats by sending a memorandum soliciting nominations to each voting member of the College Faculty no later than twenty-three (23) days prior to the date on which new senators must be seated. Nominations must be delivered to the Dean's Office no later than 12:00 noon, thirteen (13) days prior to the date on which new senators must be seated.
   
   To be eligible, a nominee must be a voting member of the College Faculty and expect to be able to complete a two-year term as a senator without a significant number of absences. It shall be the duty of the committee to verify to its satisfaction that all nominees meet the eligibility criteria.
5. Final Ballot. The committee shall prepare a final ballot consisting of the nominees. Candidates shall be listed on the ballot in alphabetical order. This ballot shall be mailed to all voting faculty members no later than ten (10) days prior to the date on which new senators must be seated. Each voting faculty member will be instructed to vote for the number of candidates equal to the number of vacant senate seats. Mailed with each ballot will be a sealable return envelope (addressed to the Dean's Office) which must be signed on the exterior by the voting faculty member. Ballots must be delivered to the Dean's office no later than 12:00 noon, three (3) calendar days prior to the date on which new senators must be seated. The committee will open and tally the votes. The candidates receiving the largest number of votes will be elected in descending order to the vacant senate seats. In the event of a tie, the candidate from a department not other­wise represented in the University Faculty Senate shall be elected. If the previous criteria do not resolve a tie, the committee shall select the successful candidate by the flip of a coin. The results of the election shall be recorded in a memorandum from the committee to the College Faculty for public posting and for inclusion in the minutes of the next College Faculty meeting. The committee shall also send a memorandum to the Secretary of the University Faculty Senate, giving the names of the newly elected senators.
6. Special Elections. In the event that a senate seat is vacated before the end of a regular term, a special election shall be held in the manner prescribed in this Article.

ARTICLE V. AMENDMENTS

These By-laws can be changed only by a majority vote of the total voting membership of the College Faculty as determined by mail balloting. Petitions for such changes must be presented for discussion at a meeting preceding the balloting by two weeks or more.