MH 4 Academic Faculty Search Committee Handbook

TIMELINE OF A FACULTY SEARCH

These are recommended timelines for typical searches; however, timelines may vary by discipline or due to other factors.

July – September

  • Develop position description and job announcement
  • Form search committee and complete search training

October – November

  • Develop rubric for candidate evaluation
  • Applicant pool is released
  • Phone interviews conducted
  • Campus visits planned
  • Notify applicants who are no longer being considered

December – February

  • On-campus visits conducted
  • Reference checks conducted
  • Hiring recommendation submitted
  • Offer made

PRE-SEARCH CHECKLIST

Develop or Revise Position Description

  • The Search Chair should consult with the Dean/Associate Dean to develop or revise the job ad.
    • The hiring manager or the assigned administrative assistant will be responsible for submitting these requests in in Workday. This step may be completed before a search committee chair has been assigned.
  • Check that your job ad includes language demonstrating NSC’s commitment to diversity and inclusion (see Appendix ix for sample language).

 Advertise the Position

  • Identify appropriate discipline-specific job boards/listservs or other outlets that target racial/ethnic minority candidates.
    • HR posts all positions on Higher Ed Jobs and is responsible for posting the position on any additional external job sites.
    • If you plan on attending conferences to recruit candidates, coordinate with the Marketing Department for relevant materials and design of “one-sheets” with position information.
  • Share the link to the job ad with your committee and colleagues to post to social media accounts and relevant listservs.
  • Consider emailing details of the position to regional or national graduate programs that produce doctorally-prepared candidates in your discipline.

Search Committee Selection and Training

  • Dean/Associate Dean selects members of search committees.
  • Dean/Associate Dean submits search committee Approval Form to HR.
  • The Search Chair should ensure that all committee members have received Search Committee Training.
  • The applicant pool cannot be released until all members have completed training.

 Develop Search Timeline

  • The Search Chair should identify the search committee’s availability to meet to:
    • select candidates for phone interviews
    • select candidates for campus interviews
    • hold on-campus search committee interviews
    • attend teaching demonstrations
    • deliberate on selection of top candidate(s)
  • The Search Chair should develop a calendar of events and deadlines and communicate any changes to the committee as early in the process as possible.

CANDIDATE EVALUATION CHECKLIST

Evaluating Candidates

  • Discuss the elements that your area is looking for in a candidate. This step is especially important for committee members who are outside of the discipline.
    • Clarify which types of degrees are acceptable (e.g., PhD, PsyD, JD, EdD, MSN, etc.).
    • Clarify if there are certain courses the candidate must be able to cover.
  • With input from your search committee, develop a rubric for evaluating candidates.
    • Avoid using simplistic evaluations such as Yes/No/Maybe because this can introduce unconscious bias (see the section below for more on unconscious biases).
    • Instead, rely on rubrics to evaluate the candidate on how they best meet the minimum qualifications and preferences listed in the job ad (0 = no evidence, 1 = meets expectations, 2 = exceeds expectations). In addition to the main criteria, you can include a category for “other valuable characteristics” that were not listed in the preferred qualifications.
  • Collect and organize ratings from committee members to identify overall rankings of applicants.
    • Consider computing Z-scores for each evaluator to minimize the impact of differences in rating style (e.g., harsh versus lenient raters).
  • Discuss the committee’s rankings and select top 6-10 candidates for phone interviews.
    • The typical phone interview lasts 30 minutes – consider the amount of time the committee will need to commit to phone interviews.
    • Keep a second list of promising candidates in the event that you need to conduct additional phone interviews.
  • Either the Search Chair or HR can disposition candidates in Workday. The Search Chair should submit the names of “definite no” candidates to HR within a week of each of the following steps in the search or “decline” the candidates in Workday:
    • selection of candidates for phone interviews
    • selection of candidates for campus interviews
    • selection or finalist and acceptance of position

Workday Notifications

  • As candidates are declined from the pool, Workday sends automated general communications to candidates. Auto-generated emails are acceptable for those who do not make it to the phone interview stage.
  • The Search Chair should send personalized emails or conduct phone calls to inform candidates who completed phone or campus interviews but will not progress further in their candidacy (See Appendix for sample language).
  • For secondary candidates who you would still consider interviewing, work with HR to develop emails indicating that they have not been selected for the initial round of reviews but may be considered if there are additional reviews at a later date. This allows you to keep the candidate informed without entirely removing them from the pool.

UNCONSCIOUS BIASES

How Unconscious Bias Can Affect Candidate Evaluations

Search committee members often give (unconscious) preference to applicants who they know, whose advisors or mentors they know, those who hold a degree from their alma mater, or those who hold degrees from an elite institution. Furthermore, studies show that the achievements of women and people of color tend to be evaluated less positively than are those of white men who are equally accomplished (Kayes, 2006; Steinpreis, Anders, & Ritzke, 1999). For example, committee members may scrutinize and then dismiss the records of an underrepresented person of color or fail to recognize unexpected achievements. Sometimes letter writers can inadvertently minimize the contributions of women and people of color by unfairly attributing success to mentors or collaborators. Consider these common cognitive biases and work to correct your assumptions once you become aware of their contaminating influence. This will allow all candidates to receive proper consideration.

Types and Examples of Cognitive Bias

Elitism: Assuming that individuals from prestigious institutions are the best candidates without viewing all applications more closely and/or considering the needs of the department. Be careful of rating a candidate highly solely because of the reputation of their institution or advisor. Examples:

  • Automatically prioritizing candidates from top-tier schools
  • Automatically de-prioritizing candidates who have degrees from online schools

Shifting standards: Holding different candidates to different standards based on stereotypes. Women, people of color, and underrepresented groups may be held to higher expectations regarding their interpersonal style, behavior, or level of preparedness. Examples:

  • Expecting female candidates to be exceptionally warm, caring
  • Evaluating the performance of people of color more harshly

Seizing a pretext: Using a minor reason to disqualify a candidate without properly considering all other criteria. Research has shown that women are more likely than men to have partners who are also academics, and that concerns regarding the partner’s career disproportionately affect recruitment and retention of women faculty. Examples:

  • Discounting a candidate who discusses dual-career needs, family, or medical needs
  • Discounting a candidate who doesn’t seem to “fit”

Ranking prematurely: Designating some candidates as more promising than others without fully considering strengths and weaknesses of all applicants. Ensure that each application has been fully considered with respect to the different criteria that were agreed upon prior to expressing preferences for particular candidates.

  • Using a simplistic rubric without adequately evaluating all relevant criteria for the position
  • Relying on one member to select top candidates to review

Rushing to judgment: Having strong group members, particularly those with seniority, reach and express consensus without sufficient discussion, which may make it difficult for others to challenge those conclusions.

  • Allowing one member’s voice to have more influence
  • Not allowing members to rank candidates anonymously

PHONE INTERVIEW CHECKLIST

Scheduling Phone Interviews

  • Identify times that all search committee members are available for phone interviews.
    • All members should be present at all phone interviews.
    • If a committee member has to miss an interview, make arrangements to have the interview recorded. This will also require notifying the candidate in advance of the interview to get their written consent to be recorded. Candidates should be allowed to opt out if they are not comfortable with that arrangement.
  • Work with your Administrative Support person to reserve a conference room and schedule phone interviews.

Finalizing Phone and On-Campus Interview Questions

  • With input from the search committee, select questions to ask during phone and on-campus interviews (see Appendix for sample questions).
    • Each committee member should select a question to read consistently for each phone interview; this reduces the possibility that different tones/inflections in the reading might lead candidates to understand the question differently.
    • Have committee members practice reading the questions out loud to identify any awkward wording that may make it difficult for applicants to understand questions. Consider breaking up long questions into two parts.
  • Provide the committee with copies of the questions and space to record notes.
    • Collect committee members’ notes after each session so they can all be kept in one place and made available at future review meetings.
    • All committee notes, as well as the overall rankings of the pool, must be submitted to HR at the conclusion of the search.

Selecting Candidate for On-Campus Visits

  • Meet with committee to discuss phone interviews and select candidates for in-person interviews.
    • Three campus interviews are typical for a search; more or fewer may be invited with HR and Dean approval.
    • If there are candidates you are sure you have no further interest in under any circumstances, you should inform them in a timely fashion (see Appendix for sample language) and notify HR.

ON-CAMPUS VISIT CHECKLIST

When you are ready to bring candidates to campus, you should first determine your committee’s availability for the search committee interview and teaching demonstration. Next, you should determine which elements of the campus visit that you would like your candidate to experience and add any meetings that the candidate requests. You will need to provide your Administrative Assistant with enough advance notice (at least two weeks) to develop the full itinerary, since it requires scheduling multiple people and reserving rooms. You can help your Administrative Assistant by identifying faculty who can attend meals and/or conduct tours as well as students who could attend a student-only meeting. Ensure that the schedule is not too tightly packed and that there is time for restroom breaks.

 Itinerary Development

  • Review Recommended Itinerary and Itinerary Checklist for required and recommended candidate meetings.
  • Identify times that all search committee members are available for search committee interviews and teaching demonstrations. All members should be present at all on-campus interviews and teaching demonstrations; do not record teaching demonstrations.
  • Recruit students to attend student-only meeting with candidate.
  • Recruit faculty to attend meals.
  • Recruit faculty to do airport pick-ups/drop-offs/Henderson Tour.
  • Schedule meeting time with HR for benefits overview for each candidate.

Scheduling On-Campus Interviews

  • Schedule a meeting with your Administrative Support person to review itinerary requests.
  • Work with your Administrative Support person to reserve the necessary conference rooms and classrooms for meetings and teaching demonstrations.
  • Provide candidates with at least two weeks to make their travel arrangements (flights, hotels) to obtain a reasonable price.

Provide Information about Campus Visit

  • Send draft of itinerary
    • Ask candidate if there are any specific campus members not included on their itinerary that they would like to meet.
  • Provide candidate with link to the school’s, department’s, and/or discipline’s webpages.
  • Provide details about candidate’s teaching demonstration and evaluation rubric (see Appendix for sample language and rubric).
  • Ask candidates if they require any special accommodations (e.g., physical access needs; dietary restrictions; sign language interpreters)
  • Exchange cell phone numbers between candidate and faculty doing pick-ups.

RECOMMENDED ITINERARY

Ensure that there are different ways in which candidates may interact with faculty and students. The Dean (and Department Chair, where applicable) should communicate that the Department/School is a supportive and friendly place to work by sharing its policies on evaluation, promotion, and mentoring options for junior faculty. A Department with clear policies on these issues will appeal to candidates as a work environment that allows faculty to flourish. Consider providing candidates with opportunities to reveal their strengths through less formal events such as question and answer sessions or “chalk talks,” in addition to the traditional demonstration. Candidates also appreciate opportunities to interact with students with limited faculty involvement. Finally, social gatherings such as dinner with faculty or end-of-day receptions allow candidates to observe and learn about department culture.

  1. Candidates should know their schedule for their on-campus visit. Candidates should also have the names and titles of people they will interact with during their visit. Share links to any relevant department or discipline websites that list all the faculty.
  2. Candidates should meet with the Dean to discuss tenure, professional development opportunities, and funding opportunities for scholarship and with the Department Chair, Dean, or Associate Dean to discuss scheduling, teaching expectations, and service obligations.
  3. Candidates should meet with as many department faculty as possible, particularly faculty they may be interested in collaborating with, and persons of similar background and interests. Ensure that women and faculty of color meet with all candidates, not just the women and candidates from underrepresented backgrounds.
  4. Candidates should have the opportunity to interact with students in an informal setting without the presence of faculty or committee members. Ensure that a diverse group of students is represented (e.g., lower/upper-division; traditional/non-traditional).
  5. Ask the candidate if they require any special accommodations (e.g., physical access needs; dietary restrictions or preferences, providing sign language interpreters; modifying size or format of written materials).
  6. Although committee members should not ask candidates about their protected identities (e.g., parental status, race/ethnicity, sexuality), it is appropriate to ask the candidate if there are any faculty/staff/students that they would specifically like to meet with. For example, the candidate may want to meet with diverse faculty, faculty with children, or untenured faculty.
  7. Be sure to include sufficient information about the candidate’s teaching demonstration in an email as soon as possible after you invite them to campus (see Appendix for sample language and rubric).
  8. End the campus visit on a positive note. The Search Chair should meet with the candidate at the end of the day to ask how the visit went and to answer any remaining questions. The Search Chair should inform the candidate of a general timeline for the next steps in the hiring process.

ITINERARY CHECKLIST

Required Meetings / Events

  • Search Committee Interview [1 hour]
  • Teaching Demonstration / Q&A [45 60 minutes]
  • Human Resources [20 minutes] to discuss benefits
  • Campus Tour [30 45 minutes] – be sure to show candidate possible lab or research spaces
  • Chair of the Department/Associate Dean [20 – 30 minutes] to discuss scheduling, teaching expectations, and service obligations
  • Dean of the School [30 – 60 minutes] to discuss tenure, professional development opportunities, and funding opportunities for scholarship
  • RESTROOM BREAKS!

Recommended Meetings

  • Meetings with students [30 minutes] – Prep students with possible conversation topics to discuss including favorite coursework, most enjoyable teaching practices, research interests, participation in clubs, department activities, student demographics, student life
  • Meetings with individual faculty within discipline/department [20 – 30 minutes / faculty] – Give candidate opportunity to interact with tenured and untenured faculty to ask questions in one-on-one settings
  • Exit Interview with Search Chair [20 – 30 minutes] – Ask candidate how visit went; answer any remaining questions; address timeline for remainder of search; provide business card for follow-up questions after visit
  • Henderson Tour [45 – 60 minutes] – Drive through different types of residential areas (apartments/townhomes; gated and ungated communities). Highlight points of interest including shopping centers, neighborhoods, parks, outdoor recreation areas, health care center, and the international airport.

Meals (Dependent on Itinerary)

  • Light Breakfast [30 minutes] – Breakfast at Scorpion Café with search committee member
  • Lunch [1 hour] – Faculty outside of the candidate’s discipline/department and who are not part of the candidate’s search committee. Lunches should be limited to 2-3 faculty members.
  • Dinner [2 hours] – Faculty within the candidate’s discipline or department, including someone from the search committee. Dinners should be limited to 3 faculty members.

SETTING CLEAR EXPECTATIONS

Candidates who seem ill-prepared are often rated less favorably by search committees, but this could be attributed to lack of knowledge of the search process. Because this may be the first job interview for many candidates (think first-generation student!), be transparent about what to expect during their visit. This starts with being clear about your expectations for their teaching demonstration and providing information on what candidates can expect during meetings with the search committee, Department Chair, and Dean. Creating a transparent process helps create a level playing field for all candidates and can reduce cognitive biases such as “shifting standards” or “rushing to judgment”.

 The Teaching Demonstration

Candidates report disappointment when their demonstration has poor attendance or is not representative of a real classroom experience. When possible, conduct teaching demonstrations during a search committee member’s class instead of a stand-alone demonstration.

If you must conduct a stand-alone demonstration, actively recruit and confirm adequate student attendance. Also, to be consistent you should provide each candidate the same information about the demonstration and the same amount of time to prepare.

  1. Provide candidates with clear expectations about their presentation, including:
    • the time allotted for demonstration and time allotted for questions
    • what type of course they will be teaching in (majors/non-majors; lower/upper-division)
    • who else may be in the audience (faculty, Dean, Provost)
    • the rubric with which they will be evaluated
  2. Inform candidates of the resources that will be available to them during their demonstration (e.g., A/V equipment, SmartBoards, dry-erase boards, movable desks) and offer to make copies of handouts (see Appendix for sample prompt).

DAY-OF-VISIT CHECKLIST

Candidates remember campus visits for years to come, sharing their experiences and describing how they were treated. It is now common for candidates to post anonymous descriptions of what happened during their campus visits on blogs and websites. Reading how previous candidates experienced their visit can be sobering. Remind yourself that candidates are evaluating you and your department as much as you are evaluating them.

  1. Provide a warm welcome to all candidates. Inform the candidate of who will meet them at the airport and at their hotel in the morning and exchange cell phone numbers. Clarify if the candidate should eat breakfast at the hotel or if it will be provided on-campus.
  2. Make sure department faculty and staff know of a candidate’s arrival and are available to welcome them. Ensure these interactions are positive and friendly, and that all who meet with candidates have information about the candidate’s professional background. Faculty and staff who interact with the candidate should give the candidate a business card.
  3. Upon arrival to the department, provide candidates with an NSC-branded folder including campus marketing materials and discipline-specific materials such as:
    • Program-specific pamphlet(s)
    • School/Department Organizational Chart
    • School’s Standards of Academe and Promotion & Tenure Guidelines
  1. Orient the candidate to the building(s) they will be in. Inform the candidate where they can securely store their belongings and where the closest restrooms are. Inform them if and when someone will meet and escort them to different events and interviews during the visit.

Candidate’s Arrival

  • Inform department faculty and staff of candidate’s arrival/departure times.
  • Clarify location of breakfast.
  • Provide candidate with Welcome Folder.
  • Orient candidate to campus building(s) and location of restrooms.
  • Provide candidate with water, mints, tissues, or other items a candidate might need.
  • Respect the candidate’s time—be on time and keep to the itinerary.

Be Present

  • Be aware of nonverbal behaviors—making eye contact, arms crossed, clicking/tapping pens.
  • Give the candidate your full attention; put away cell phones, tablets, or laptops that may distract you.
  • Stay positive. It is important to provide a realistic preview of NSC but the interview is not the place to describe all your concerns with NSC.
  • Have interesting information about NSC, Henderson, and the surrounding area prepared for lulls in conversation. This is especially useful when you are responsible for picking up the candidate, taking them to lunch, dinner, or giving a tour of Henderson.
  • Don’t be rude. Eating, whispering to other search committee members, and texting are all distracting behaviors.

POST-CAMPUS VISIT CHECKLIST

Communicate with the Candidates

  • Follow up with responses to candidate’s unanswered questions.
  • Provide links or contact information for other resources.
  • Provide candidates with realistic update on extended search timeline.

 Candidate Deliberation

  • Collect completed evaluations or solicit feedback from anyone who met with the candidate. This includes those who attended lunches, dinners, tours, etc.
  • Meet to discuss campus interviews.
  • Properly save and submit all interview notes, evaluations, and assessment tools used during the interview process to Human Resources. Shred any duplicate materials.

Reference Calls

  • Complete three reference calls (see Appendix for sample questions).
    • Off-list references should only be contacted with approval from the candidate (i.e., if you would like to speak with the current supervisor, seek approval from the candidate first).

Hiring Recommendation

  • Committee decides on a hiring recommendation
    • Send 1–2 page, single-spaced recommendation letter to hiring authority. The letter should be detailed and make a clear case (including evidence) for why you support the candidate.

Notify Remaining Candidates

  • Inform candidates not selected as promptly as possible once search has closed.
  • Send candidates who made on-campus visits a personal email (see Appendix p. vii for sample language).

Closing the Search

  • Collect search materials (ratings, interview question sheets, etc.) and send to HR.  This should be completed within a week of the search closing.
  • Work with HR to ensure all other candidates are notified and the pool is closed.

DIVERSITY AND INCLUSION STATEMENT

At Nevada State College, we celebrate the storied backgrounds of our campus community. We operate with a shared commitment to represent and serve the diverse population of Nevada and to encourage the exchange of ideas that respects and honors the lived experiences of our students, staff, and faculty. We foster a culture of inclusive excellence so our members can live authentically, fully engage, and flourish.  In order to strengthen the college and progress its mission, the college dedicates itself to intentional and ongoing reflection to meeting the evolving needs of NSC, the surrounding communities, and the State of Nevada.

NSC serves over 5,000 students who are highly diverse and largely underserved; a majority of our students are nontraditional, first generation, or students of color. Throughout your application materials, we encourage you to highlight your background in fostering an inclusive campus culture and supporting the success of students who are historically underrepresented in higher education. For example, your efforts might include contributions in the areas of teaching, mentoring, advising, research, and/or institutional service.

REFERENCES

Kayes, P. E. (2006). New paradigms for diversifying faculty and staff in higher education: Uncovering cultural biases in the search and hiring process. Multicultural Education14(2), 65-69.

Steinpreis, R. E., Anders, K. A., & Ritzke, D. (1999). The impact of gender on the review of the curricula vitae of job applicants and tenure candidates: A national empirical study. Sex roles41(7/8), 509-528.

MH 3 Nevada State College Foundation Bylaws

ARTICLE I – DEFINITIONS, MISSION, PRINCIPAL OFFICE, AND NAME

Section 1.  Definitions

Member: The members of the Board of Regents of the Nevada System of Higher Education shall be corporate members of the Nevada State College Foundation and, as such, the term “Member” as used herein shall refer to the individual members of the Board of Regents in their capacity as Members of the Corporation.

Trustee: The term “Trustee” as used herein shall refer to the individual members of the Board of Trustees of the Nevada State College Foundation. Trustees shall be nominated and appointed as set forth herein

Officers: The Officers of the Corporation shall include a Chairperson of the Board, one or more Vice Chairpersons, a Secretary, Treasurer, and such other Officers as the Board shall deem necessary to elect. At the discretion of the President of the Nevada State College, an official of the Nevada State College shall serve as Secretary of the Corporation.

Section 2.  Mission

The Nevada State College Foundation is a non-profit corporation organized under section 501 (c) (3) of the Internal Revenue Code, incorporated in the State of Nevada (hereinafter, “Corporation”). The sole purpose and mission of the Corporation shall be to raise charitable funds for Nevada State College in support of the educational, technology, operational, facility and research needs of the students, faculty, staff and volunteers of Nevada State College.  No part of the donations, receipts or earnings of the Corporation shall inure to the benefit of any Trustee or Officer of the Corporation.

Section 3.  Principal Office

The principal office and place of business of the Nevada State College Foundation (hereinafter referred to as the “Corporation”) in the State of Nevada shall be on the campus of the Nevada State College or any other location as the Board of Trustees may determine.

ARTICLE II – MEMBERS, BOARD OF REGENTS

Section 1.  “Member”

The members of the Board of Regents of the Nevada System of Higher Education shall be corporate members of the Nevada State College Foundation and, as such, the term “Member” as used herein shall refer to the individual members of the Board of Regents in their capacity as Members of the Corporation.

Section 2.  Tenure

Each Member’s tenure as a Member of the Corporation shall run concurrently to their tenure as member of the Board of Regents.

Section 3.  Annual Meeting

The Members shall meet annually to ratify the appointment of members of the Board of Trustees and for the transaction of such other business as may come before the meeting.

Section 4.  Special Meetings

Special meetings of the Members shall be held upon the call of the Chair, or, in the absence of the Chair, upon the call of the Vice Chair, or upon the receipt by the Member’s Chief of Staff of a petition signed by at least five (5) Members.

Section 5.  Quorum

Seven (7) Members shall constitute a quorum for transaction of business at regular or special meetings of the Members. A majority of the membership of a special committee shall constitute a quorum for purposes of the business of the committee. A quorum may be gained by telephonic, video, or electronic transmission providing that notice to that effect has been given.

Section 6.  Inspection of Books and Records

Upon reasonable demand, each Member shall have the right to examine and photocopy, in person, or by agent or attorney, at any reasonable time and for any purpose, all of the books and records of account of the Corporation, its last annual and most recently published financial statement, and minutes of all acts and proceedings of the Board of Trustees.  However, such documents shall not be entered into the public record at a Member meeting.  The Corporation shall comply with the provisions of section 239.010, Public Records, of Nevada Revised Statutes, subject to those exceptions set forth in NRS 396.405 regarding the disclosure of contributor or potential contributor information.

Section 7.  Transfer of Membership

Membership in the Corporation is not transferable or assignable.

ARTICLE III – TRUSTEES, NEVADA STATE COLLEGE FOUNDATION

Section 1. “Trustee”

The term “Trustee” as used herein shall refer to the individual members of the Board of Trustees of the Nevada State College Foundation. Trustees shall be nominated and appointed as set forth herein.

Section 2.  Powers

The business affairs and property of the Corporation shall be managed by the Board of Trustees (the “Board”).  Without limiting the general powers conferred by these Bylaws and the Articles of Incorporation and provided by law, the Board shall have the following additional powers:

  • to set forth rules for the management of the Corporation and its affairs;
  • to set forth rules for the acquisition, management, disbursement and sale of assets so that such transactions are in the Corporation’s best interests;
  • to enter into agreements and contracts that are in the Corporation’s best interests;
  • to supervise and direct the Officers, employees, and agents of the Corporation and to ensure that their duties are properly performed;
  • to appoint and remove at its pleasure any and all Officers, employees, and agents of the Corporation, to prescribe their duties in a manner consistent with these bylaws, and to fix their compensation;
  • to borrow money and otherwise to incur indebtedness and to enter the terms and amount of such indebtedness in the minutes of the Board, and to evidence such indebtedness by the note of the Corporation, and to mortgage the property of the Corporation, and otherwise give security for payment of such indebtedness;
  • to cause to be kept a complete record of all Corporation and Board meetings, an annual inspection or audit, and an annual report to the Members showing in reasonable detail all of the assets and liabilities of the corporation and its financial condition;
  • to amend, alter, and repeal these bylaws or any part thereof, at any meeting of the Board, provided that such bylaws shall be submitted to and approved by a majority of the Members present at any of their official meetings; and
  • in addition to the power and authority conferred upon the Board by these Bylaws, to exercise all such other lawful powers of the Corporation and do all such lawful acts in the furtherance of the Corporation’s business as are not done by the Members.
  • To accept contributions to the Corporation and establish segregated endowment funds separate from the general assets of the Corporation to be held pursuant to the terms of any such contribution to the extent not inconsistent with the purpose of this Corporation and the continued qualification of the Corporation as an entity exempt from income tax under Section 501(c)3.
  • To appoint an Executive Committee and other committees to accomplish the purpose and mission of the Corporation, and to delegate to the Executive Committee any of the powers and authority of the Board of Trustees in the management of the business and affairs of the Corporation, except to the extent limited by applicable law. The Board of Trustees shall have the power to prescribe the manner in which proceedings of the Executive Committee and other committees shall be conducted.

Section 3 – Duties

The duties of the Trustees are to support the objectives and purposes of the Corporation as defined in Article III of the Articles of Incorporation. To the extent consistent with Article III of the Articles of Incorporation, each Trustee shall seek to promote the general welfare, development, growth, and well-being of Nevada State College through: 1) personal contributions, as determined by the Board of Trustees; 2) the raising of funds for the benefit of Nevada State College, and the solicitation of funds or in-kind contributions; and 3) Board meeting attendance and participation.  Failure to attend or participate in scheduled meetings may be cause for dismissal from the Board.

Section 4.  Qualifications, Election, Tenure

The  Board of Trustees shall be comprised of not less than thirteen (13) or more than thirty (30) Trustees who need not be residents of the State of Nevada, provided that fifty percent (50%) or more of the Trustees at any time shall not be disqualified persons other than foundation managers, as defined in Section 4946 of the Internal Revenue Code of 1954. Trustees to succeed those whose terms expire shall be nominated by the Committee on Trusteeship and approved by the Members in accordance with the terms of this section.

  • The Board shall meet at least four times a year, once each calendar quarter. The first meeting of  the third calendar quarter or first fiscal year quarter is designated as the Annual Meeting and the purpose of the meeting shall be to nominate the Executive Committee, nominate Trustees and conduct any other business as may properly come before the meeting.  The Annual Meeting of the Board of Trustees shall be held prior to the Board of Regents Member meeting as set forth in Article II, Section 2 at a place determined by the Chairperson.  Trustees shall be notified at least fifteen (15) days prior to the meeting date.
  • In order to submit nominations to the Members for approval, the Board of Trustees shall announce nominations for new Officers at the Board of Trustees Annual Meeting. The Executive Committee shall report the names of the Nominees of the Officers to the Board of Trustees.  Additional nominations may be made by any five (5) Trustees or any two (2) Members by means of a written instrument signed by all such Trustees or Members, as the case may be, and delivered to the Chair. Each Officer shall assume office at the next meeting of the Board of Trustees following their election, and shall serve for a term of two (2) years.
  • In order to submit nominations to the Members for approval, the Committee on Trusteeship shall announce nominations for new Trustees at the Board of Trustees Annual Meeting. The Committee on Trusteeship shall report the names of the nominees of the Trustees to the Board of Trustees.  Additional nominations may be made by any five (5) Trustees or any two (2) Members by means of a written instrument signed by all such Trustees or Members, as the case may be, and delivered to the Chair. The names of all Trustees nominated by the Board of Trustees shall be sent to Members in advance of the next meeting of the Members. All nominees to the Board of Trustees shall be elected upon receiving the affirmative vote of a majority of the Members present at the Members meeting.  Each Trustee shall assume trusteeship at the next meeting of the Board of Trustees or committee to which they are assigned, following their election, and shall serve for a term of three (3) Trustees may serve no more than three (3) consecutive terms in addition to fulfilling a partial term from a trustee vacancy , unless the term limit has been waived by a majority vote of the Executive Committee.
  • The following persons shall serve as ex-officio Trustees, shall be given notice of all the meetings of the Board, and shall be entitled to participate fully in any such meeting but shall not be counted for purposes of determining the presence of a quorum at any such meeting and shall not be entitled to vote upon any matter submitted to a vote of the Board:
    • President, Nevada State College;
    • Any one official of the Nevada State College designated by the President, Nevada State College;
    • The Executive Director of the Nevada State College Foundation.
  • The Board may provide by resolution for additional persons to serve as ex-officio Trustees having the same rights and privileges as set forth in this paragraph (c).
  • The Board may offer “Trustee Emeritus” status to those Trustees who wish to remain affiliated with, but not active on, the Board. Trustee Emeritus status shall carry the same rights and restrictions as ex-officio status, and the change of a Trustee’s status to Trustee Emeritus shall create a Board vacancy.  The status terminates with the conclusion of the Trustee’s current term of office; however, the Committee on Trusteeship may recommend the Trustee continue as Trustee Emeritus for another term or return to active Board status for a specified term.
  • No provision of this section shall restrict the right of the Members to fill vacancies as is provided elsewhere in this Article III.

Section 5.  Special Meetings

Special meetings of the Members shall be held upon  the call of the Chair, or, in the absence of the Chair, upon the call of the Vice Chair, or upon the receipt by the Corporation’s Executive Director of a petition signed by at least five (5) Members.

Section 6.  Quorum

A quorum at all meetings of the Board of Trustees shall consist of a majority of Trustees, except as provided specifically to the contrary by these bylaws, the act of a majority of the Trustees at a meeting at which a quorum is present shall be the act of the Board.

Section 7.  Vacancies

As vacancies occur, the Committee on Trusteeship may nominate the individual(s) and present the name(s) at the next scheduled Board meeting for ratification of nomination.  The name of the Nominee(s) shall then be presented to the Trustees at their next scheduled meeting for election.  Each Trustee so elected will serve for the unexpired term of his or her predecessor.

Section 8.  Committees

Committees may have the number of members that the Trustees deem to be the most efficient for the Committee’s purpose.  A quorum of Committee meetings consists of a majority of the committee members.  Except as provided specifically to the contrary by these bylaws, the act of a majority of the Committee members at a meeting at which a quorum is present shall be the act of the committee.  The following Committees shall be established:

  • Executive Committee
    1. The Executive Committee is established to supervise and manage the operations and affairs of the corporation. Except to the extent limited by resolution of the Board,  the Board shall delegate to the Executive Committee all of the power of the Board  whenever the Board is not in session, and all actions taken by the Executive Committee within the scope of its authority shall be valid and binding upon the Corporation for all purposes.  The Executive Committee shall be chaired by the Chairperson of the Board and vice chaired by the Vice Chairperson of the Board.  Its membership shall also include the immediate past Chairperson of the Board, the Treasurer of the Corporation, who is also the Chairperson of the Finance and Audit  Committee, and the Secretary, who also is the Chair of the Committee on Trusteeship, The members of the Executive Committee, by majority vote, shall elect additional members as the Committee deems necessary.  The Executive Committee as constituted from time to time may fill any vacancies as they occur by majority vote of the members of the Board.
    2. A majority of the Trustees of the Executive Committee shall constitute a quorum for the transaction of the business at any meeting. The vote of the majority of the Trustees present at a meeting shall be the act of the Executive Committee.
    3. The Executive Committee shall present at every meeting of the Board a complete report of all actions taken by the Executive Committee on behalf of the Corporation which occurred subsequent to its preceding report.  The minutes of the Executive Committee meetings will be circulated to all Board members when properly approved.
  • Finance and Audit Committee. The Finance and Audit Committee is established for the purpose of managing Corporation assets through acceptance, purchase, sale, investment or whatever device is most advantageous to the Corporation.  It will also audit the transactions of the Corporation and the compliance of the Executive Director with corporate directives.  This committee is a standing committee of the Board.  Committee members shall be appointed by the Chairperson, with concurrence of the Executive Committee.  Terms are three  (3) years and have no more than three (3) members from the local community, however, the majority of the committee membership must be from the current Board.
  • Committee on Trusteeship. The Committee on Trusteeship has the purpose of creating a list of nominees for a vacant position on the Board, maintaining a pool of candidates for Board membership and evaluating Board member performance.   Committee members shall be appointed by the Chairperson, with concurrence of the Executive Committee.  . This Committee is a standing committee of the Board.  Terms are three (3) years.   The Board may establish any other committee and its rules of membership and operation that it deems necessary to carry on the business of the Corporation.

Section 9.  Removal

Any Trustee of the Board may be removed by the affirmative vote of a majority of the Members or of three-fourths of the Trustees then on the board whenever in their judgment such removal would serve the best interests of the Corporation.  A failure to perform responsibilities as a Trustee of the corporation as defined in Article III Section 2 of the Bylaws constitutes cause for removal. A fifteen (15) day notice shall be given to the individual who is to be brought up for removal, giving the affected person the right to either be present or to send in a written representation/defense. Any Trustee may resign at any time by giving written notice to the Board Chair, or Secretary of the Corporation. Such resignation shall take effect at the time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 10.  Participation by Telephone

To the extent permitted by law any Trustee of the Board of Trustees, or committee thereof, may participate in a meeting of such Board or committee by means of a conference telephone network or similar communications method by which all persons participating in the meeting can hear each other, and participation in such a fashion shall constitute presence in person at such meeting.

Section 11.  Compensation

No Trustee shall receive any compensation for serving in such office, provided that the Corporation may reimburse any member of the Board for reasonable expenses incurred in connection with service on the Board.  Any such reasonable expenses that are not reimbursed by the Corporation shall be regarded as a gift to the Corporation.  No provision of this section shall be construed as restricting the right of any member of the Board to receive reasonable compensation for serving the Corporation in a capacity other than as a Trustee.

ARTICLE IV – OFFICERS

Section 1.  Number

The Officers of the Corporation shall include a Chairperson of the Board, one or more Vice Chairpersons, a Secretary, Treasurer, and such other Officers as the Board shall deem necessary to elect.  At the discretion of the President of the Nevada State College, an official of the Nevada State College shall serve as Secretary of the Corporation.

Section 2.  Election and Term of Office

Fourteen (14) days prior to the Annual Meeting of the Board, the Executive Committee,  established in accordance with Article III, Section 7 (a) shall compile the names of its Nominees to be elected as Officers, which may include the names of then current Officers whose terms are due to expire.  The Chairperson shall cause the names of all Nominees to be communicated to all Trustees seven (7) days prior to the next meeting of the Trustees at which officers are to be elected.  The new Officers shall be installed immediately following their election.  The term of office is two years.

The Chairperson and Vice Chairperson may serve for a maximum of two consecutive terms in a single office. The Vice Chairperson will automatically succeed the Chairperson when the Chairperson’s term is over, unless the Vice Chairperson declines.

Section 3.  Removal of Officers

Any Officer of the Corporation may be removed by a majority of the Trustees then in office at any meeting of the Board.  Any change in the position of any Officer holding office by virtue of his or her College position shall require approval by the President of the Nevada State College.

Section 4.  Duties of the Chairperson; Limitations

The Chairperson of the Board shall preside at all meetings of the Board and the Executive Committee and shall serve as a member of the Finance and Audit Committee and one more committee, if applicable.  The Chairperson shall appoint individuals to such Committees of the Board to the extent authorized by these bylaws.  The Chairperson shall have such authority as may be expressly prescribed by or implied from these bylaws or by resolution of the Board or the Executive Committee.  However, the Chairperson does not have any apparent authority to bind the Corporation.  Except to the extent otherwise specifically provided by these bylaws, or by resolution of the Board, the Chairperson shall not execute any contract or take any action on behalf of the Corporation without first obtaining the approval of the Board or Executive Committee.

Section 5.  Duties of the Vice Chairperson

In the absence of the Chairperson, the Vice Chairperson shall perform all the duties of the Chairperson and when so acting shall have all the powers of and be subject to all of the restrictions upon the Chairperson.  The Vice Chairperson shall have such other powers and perform such other duties as may be assigned to him by the Board or detailed in these bylaws.  The Vice Chairperson shall be Vice Chairperson of the Executive Committee, will be an member of the Finance and Audit committee and one other committee, but not the same committee as the Chairperson

Section 6.  Duties of the Secretary

The Secretary shall keep accurate minutes of the proceedings of the meetings of the Members of the Corporation, of the Board, and of any Committees of the Board; shall ensure that all notices are duly given in accordance with the provisions of these bylaws; shall be the custodian of the records and of the seal of the Corporation and shall attest the affixing of the seal of the Corporation when authorized by the Board; and shall perform all duties incident to such office and such other duties as may be assigned to such person by the Chairperson or by the Board. The Secretary will also be the Chairperson of the Committee on Trusteeship.   An employee of Nevada State College may be assigned to assist the Secretary in these duties.

Section 7.  Duties of the Treasurer

The Treasurer shall be the principal finance officer of the Corporation; shall have the charge and custody of and be responsible for all funds and securities of the Corporation; shall ensure such funds are deposited in the name of the Corporation and such depositories as shall be designated by the Board; shall keep accurate books of accounts and records of financial transactions and the condition of the Corporation; and shall submit such reports thereof as the Board may require; and, in general, perform all duties incident to such office and such other duties as may from time to time be assigned to such person by the Chairperson or by the Board of Trustees.  The Treasurer shall make an annual written financial report to the Corporation at the Annual Meeting of the Board of Trustees.  With the approval of the Board, the Treasurer shall be authorized to engage any firm or certified public accountants to assist the Treasurer in the performance of any of the duties incident to this office.  By resolution of the Executive Committee, the Treasurer’s responsibilities may be assigned either in whole or in part to another individual or agency.  The Treasurer must be the Chair of the Finance and Audit Committee.

Section 8.  Vacancies

A vacancy in any office for any reason may be filled on a temporary basis by a Trustee serving on the Executive Committee until the next meeting of the Board, at which time the Board shall fill the vacancy for the unexpired portion of the term.

ARTICLE V – EXECUTIVE DIRECTOR

Section 1. The Executive Director

The Executive Director shall be appointed by the President of Nevada State College and serves as the Executive Director to the Nevada State College Foundation.  The Executive Director is accountable to the Board for the administration of the Corporation and shall supervise the business affairs of the Corporation, and coordinate, administer, and expedite the programs and policies of the Corporation as determined by the Board.  The Executive Director shall serve in this capacity by virtue of his or her College position.

Section 2.  Compensation

The Executive Director will receive reasonable compensation for services to the Corporation, determined by the Board and leadership at Nevada State College.  Compensation for the position will be funded fifty percent (50%) by the Corporation and fifty percent (50%) by Nevada State College.

ARTICLE VI – CONTRACTS, LOANS AND DEPOSITS

Section 1.  Contracts

The Board may authorize any Officer or Officers, agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances.

Section 2.  Loans

No loans shall be contracted for or on behalf of the Corporation and no evidence of indebtedness shall be issued in the name of the Corporation unless authorized by a resolution of the Board.  Such authority shall be confined to specific instances.  No loan shall be made by the Corporation to any Officer or Trustee of the Corporation.

Section 3.  Checks, Drafts, and Notes

All checks, drafts, or other orders for payment of money, notes, or other evidence of indebtedness issued in the name of the Corporation shall be signed by such officer or officers, agent or agents of the Corporation, and in such manner as shall be determined by resolution of the Board of Trustees.

Section 4.   Deposits

All funds of the Corporation not otherwise employed shall be deposited to the credit of the Corporation in such banks, trust companies, or other custodians as the Board or any Committee of the Corporation so empowered by the Board may select.

Section 5.  Investment Managers

The Board shall have the authority to designate or may empower any Committee of the Corporation to designate an agent to manage the assets and the investment of the assets of the Corporation.

Section 6.  Fiscal Year

The fiscal year of the Corporation shall coincide with that of the Nevada State College.

ARTICLE VII – PROPERTY

The property of the Corporation, unless otherwise directed by donors, shall be used to promote the general purposes of the Corporation declared in its Articles of Incorporation.  No property belonging to the Corporation shall be conveyed or encumbered except by the authority of a majority vote of the Executive Committee or the Finance and Investment Committee.  Any such conveyance or encumbrance shall be executed by the Chairperson of the Board or designee in the name of the Corporation, and such instrument shall be duly attested and sealed by the Secretary or Treasurer of the Corporation.

ARTICLE VIII – INDEMNIFICATION

The Board may authorize the Corporation to pay or cause to be paid, by insurance or otherwise, any judgment or fine rendered or levied against a present or former Trustee, Officer, employee or agent of the Corporation in an action brought against such person to impose a liability or penalty for an act or omission alleged to have been committed by such a person while a Trustee, Officer, employee, or agent of the Corporation, provided that the Board shall determine in good faith that such person acted in good faith and without willful misconduct or gross negligence for a purpose which he or she reasonably believed to be in the best interests of the Corporation.  Payments authorized hereunder include amounts paid and expenses incurred (including attorney’s fees) in satisfaction of any liabilities or penalty or in settling any action or threatened action, but in no event shall this Article permit payment of any amount, the payment of which would give rise to any liability for taxes or penalties under Chapter 42 of the Internal Revenue Code of 1954, if the corporation is at such time a private foundation.

ARTICLE IX – AMENDMENTS

The bylaws may be amended, altered, or repealed and new bylaws may be adopted by the Board by a vote of two-thirds of all Trustees then in office at any meeting of the Board, provided that the full text of the proposed amendment, alteration, or repeal shall have been delivered to each Trustee of the Corporation at least five (5) days prior to the meeting at which the proposed amendment, alteration, or repeal will be presented to the Board for action, and provided also that any such amendment, alteration, or repeal shall, after approval by the Board, be submitted to and approved by a majority of the Members of the Corporation.

ARTICLE X – DISSOLUTION

Upon dissolution or other termination of the Corporation, any assets remaining after all debts of the Corporation have been paid shall be disposed of as provided in the Articles of Incorporation.

ARTICLE XI – PURPOSE

These bylaws are adopted for the sole purpose of facilitating the discharge, in an orderly manner, of the purposes of the Corporation.  These bylaws shall never be construed in any way as to impair the efficient operation of the Corporation. Robert’s Rules of Order, Newly Revised, shall govern this Board in all cases where they are applicable and in which they are not inconsistent with these bylaws.

MH 2.1 Nevada State College Bylaws

NSC’s Bylaws were originally published as Title 5 of the NSHE Governing Documents.

CHAPTER 1: BYLAWS

Section 1 Authorization

These Bylaws are authorized by Chapter 1, Section 1.3.4 of the Nevada System of Higher Education of Nevada Code, hereinafter referred to as Code, as adopted by the Board of Regents.

Section 2 Scope

The Bylaws provide for the basic organizational structure, personnel policies and personnel administrative procedures for Nevada State College. The Bylaws shall be consistent with the
Code, Board of Regents Handbook and the NSHE Procedures Manual, and the laws of the State of Nevada and the United States of America. The Code, Board Handbook and the NSHE Procedures Manual will prevail should conflict arise with the Bylaws.

The Bylaws are intended to be a statement of general policy. The Policies and Procedures Manual of Nevada State College, as approved by the President, provides further policies and procedures applicable to the College.

Additional policies may be approved by the President for inclusion in the Policies and Procedures Manual. Policies and procedures having college-wide impact shall first be submitted to Faculty
Senate for review and recommendation before being included in the Manual. The President may delegate authority to Departments or Units to adopt procedures for implementation of previously
approved policies. In addition, where urgent action is required, the President may approve interim policies to remain in effect pending review by Faculty Senate.

Section 3 Amendments

Amendments to the Bylaws may be proposed by faculty members, the President, the Chancellor or the Board of Regents. All proposals shall be submitted in writing to the Faculty Senate for its
review and recommendation. Upon approval by the Faculty Senate, amendments are forwarded to the President for review. Upon approval by the President, amendments are forwarded to the Board of Regents for final review and approval.

Section 4 Interpretation

The President shall make a final decision regarding interpretation of Bylaws, Policies and Procedures after consultation with legal counsel and where appropriate, the Faculty Senate.

CHAPTER 2: ORGANIZATION

Section 1 Units

The College shall be organized into constituent units or other appropriate designations such as schools or divisions supporting the mission of the College.

Section 2 Departments of Units

Units may be further divided into constituent parts known as departments.

Section 3 Committees and Advisory Groups

The President may establish internal College Committees and external Advisory Groups to provide assistance and recommendations.

Section 4 Changes in Organization

The President shall confer with the appropriate faculty, administrators and the Faculty Senate prior to the creation, abolition, transfer or significant modification of the mission, function, or structure of units or departments.

CHAPTER 3: FACULTY

Section 1 Faculty Governance

The faculty shall govern itself in accordance with these Bylaws, subject to the Constitution and laws of the United States, the Constitution and laws of the State of Nevada, the Code, Board Policy and the NSHE Procedures Manual.

Section 2 Definitions

The College faculty shall consist of all persons holding authorized professional positions as provided in Subsection 1.4.5 of the Code. Classified staff are not subject to these rules; but are instead subject to the provisions of the State Personnel System.

a. For the purposes of these bylaws, “administrators” will refer to a subset of the category defined in section 1.1.b of the Code, such as president, provost, vice presidents, associate and assistant vice presidents and vice provosts, deans, associate and assistant deans, directors and the like.

b. For the purposes of these bylaws, “academic faculty” is defined in Section 1.1(a) of the Code and Title 4, Chapter 3, Section 2(1)(b), and generally consists of those professional staff members who specifically create and disseminate scholarly information through teaching, or providing counseling or library services closely and directly supportive of teaching and research.

c. For the purposes of these bylaws, “administrative faculty” will refer to a subset of the category of administrators defined in section 1.1.b of the Code and Title 4, Chapter 3, Section 2(1)(d) such as professional staff that provide services to students, faculty, or administrators, outside the traditional classroom, counseling or library services.

Section 3 Faculty Ranks

a. Academic faculty — There shall be four ranks of academic faculty, designated for contract purposes by numbers, as follows: Professor (IV), Associate Professor (III), Assistant Professor (II), and Instructor (I). Ranks equivalent to these identified by corresponding numbers may be assigned appropriate titles.

b. Administrative faculty — There are seven ranges of administrative faculty as follows: Ranges 1, 2, 3, 4, 5, 6, and 7. Appropriate titles may be assigned to administrative faculty in any range.

c. Non tenure track academic faculty — There shall be positions for lecturers, or positions with other appropriate titles, reserved for persons with special qualifications that do not fit the criteria of the four academic ranks.

Section 4 Faculty Contracts

a. Academic faculty — Academic faculty in the ranks Professor (IV), Associate Professor (III), Assistant Professor (II), or Instructor (I) shall be employed on annual contracts.

b. Administrative faculty — Administrative faculty tenured in an academic position shall be employed on annual contracts, as provided in the Code, Subsection 5.4.2(c).

c. Non-tenure-track academic faculty — Academic faculty in non tenure track positions maybe employed on an annual or partial-year basis and may be employed on a full-or part-time contract.

(i) The duration of employment contracts is specified in Subsection 5.4.2 of the Code. Lecturers on continuing contracts shall enjoy academic freedom and shall have the rights of reconsideration and appeal permitted by the Code and these Bylaws, faculty voting rights (except as otherwise provided in these Bylaws), salary and merit pay increases, fringe benefits, and rights of notification of non-reappointment. However, they shall not be eligible for tenure. These faculty shall possess at least a master’s degree or its equivalent in the appropriate academic discipline. Exceptions to this policy shall occur only in exceptional circumstances as reviewed and approved by the departmental chair and/or the dean and the Provost. These contracts shall not be used as a substitute for the tenure system. Specifically, continuing tenure-track positions shall not be converted to Lecturer to avoid terminating incumbents whose performance or educational background does not warrant the award of tenure.

(ii) Those employed on a full- or part-time basis for a temporary term of employment as specified in contracts and/or letters of appointment approved by the President shall be appointed for a term not to exceed twelve months. There is no right to continuing renewal of such contracts and the notice and procedural protections afforded in the Code are not applicable.

CHAPTER 4: FACULTY SENATE

Section 1 Purpose and Responsibility

The Faculty Senate reports to the President and is the principal representative body of the faculty and is composed of representatives selected by and from the faculty in accordance with procedures specified in the Faculty Senate Bylaws. The responsibility of the Faculty Senate is to deliberate and recommend upon any matters related to programs, policies, and functions of the College and policies and procedures related to the rights and welfare of the faculty. All faculty members have the right of access to the Senate to introduce any questions of general policy or any matters related to professional rights and welfare.

Section 2 Policies and Procedures of the Faculty Senate

a. Every member of the Faculty Senate has the obligation to speak and act in the best interests of the College. In discharging their functions, the members of the Faculty Senate shall be responsible to the faculty who elected them. However, members shall have the freedom to speak and act according to their own judgments.

b. Actions of Faculty Senate shall be forwarded to the President and reported to the faculty through the minutes.

c. Faculty Senate Bylaws will define voting rights, election procedures, qualifications for officers, regular and special meetings; the right of faculty to attend said meetings; amending the Bylaws and the filing and distribution of minutes; Faculty Senate organizational structure and other matters pertaining to Faculty Senate governance. The bylaws shall also provide for the recall of officers and members by the unit or other portion of the faculty from and by whom members were elected, and for discharge by that body of any of its elected members.

d. The bylaws shall be in effect upon: 1) approval by the members of that body and 2) approval by the President.

Section 3 Department Chairs

Department chairs shall be nominated and selected according to procedures established in Faculty Senate Bylaws and where established, Department or Unit Bylaws. The name of the department chair shall be forwarded to the Provost for approval. The Provost may make interim appointments to fill vacancies.

CHAPTER 5: TENURE

Section 1 Justification: Tenure and Academic Excellence

The major purpose of tenure is to ensure a faculty committed to excellence. Tenure is a means to certain ends, specifically: 1) academic freedom for teaching, scholarly research, and of extramural activities; and 2) a sufficient degree of economic security to make faculty appointment at the College attractive to persons of ability. The objective of tenure is not to afford job security to persons who have performed satisfactorily or without incident, but rather to provide a substantial degree of security to those persons whose record of excellence convinces the College that their expected future performance justifies the degree of permanence afforded by tenure. See Code, Subsection 7.1.2. For further details and NSC procedures dealing with tenure, please see the Faculty Handbook.

Section 2 Eligibility for Tenure

Except as provided in Chapter Seven of the Code, full-time academic faculty in Rank II, Rank III, and Rank IV positions shall be eligible for tenure. Administrators may be included in this condition of eligibility, but only in the capacity as academic faculty. Full-time academic faculty in non tenure-track positions, such as Lecturers, are not eligible for appointment with, nor shall have, tenure under any circumstances. See Code, Subsection 7.2.1.

Section 3 Probationary Period

As provided in the Code, Section 7.3, academic faculty eligible for appointment with tenure must serve a probationary period before receiving such an appointment. Except as provided herein, the total probationary period for all academic faculty eligible for such appointment shall not exceed seven years of uninterrupted full-time employment as specified in Subsection 7.3.1(d) and 7.3.1(a) of the Code.

Section 4 Schedule for Evaluation of Probationary Faculty

Departments (or a School if there is no department within the School) shall evaluate the progress of probationary members of the faculty according to the following schedule:

a. Reappointment – A probationary member of the faculty shall be evaluated and formally considered annually for reappointment at the department and unit levels.

b. Three Year Review – A probationary member of the faculty must be evaluated and advised regarding progress toward tenure recommendation no later than the end of the third full academic year as a probationary member of the academic faculty of the College and, if not granted tenure, annually thereafter.

c. Recommendations and Appointment – As provided in Subsection 7.4.1 of the Code, a probationary member of the faculty may request consideration by his or her department for tenure in any year of the probationary period, including the terminal year, through regular personnel procedures for such appointment.

Section 5 Standards for Recommending Tenure

a. As provided in Subsection 7.4.2 of the Code, the consideration of a recommendation for appointment of an academic faculty member with tenure shall include the application of the standards and the ratings contained in this subsection, which shall be applied in consideration of the conditions for appointment with tenure stated in Subsection 7.1.2 of the NSHE Code. The sole criteria for tenure decisions are in the areas of teaching, scholarship, and service. For a complete listing of how the criteria are used in the tenure application process, see the NSC Faculty Handbook.

Section 6 Notice of Tenure

As provided in Subsection 7.4.4 of the Code, when a member of the academic faculty has been granted appointment with tenure, the academic faculty member shall be informed immediately by the President in writing.

Section 7 Annual Performance Evaluation of Tenured Faculty

Declaration of Policy – As provided in Section 5.13.1 of the Code, it is the policy of the NSHE to expect the continued commitment of its faculty to excellence after the granting of appointments with tenure. Under this policy, tenured faculty will be encouraged to realize the College community’s expectations to such excellence in their future service and performances. This policy shall be taken into consideration in the annual performance evaluation of tenured faculty, as provided in Section 5.13 of the Code.

Section 8 Tenured Faculty in Administrative Positions

Administrative appointment, as defined in Section 1.1(b) and Section 1.6 of the Code, is separate and distinct from appointment as academic faculty. An administrator with tenure may be removed from the administrative post without cause, but shall be reassigned within the College.

Section 9 Relinquishment of Tenure on Transfer

Except as otherwise provided in the Code (See Subsection 7.4.7), in the event a tenured faculty member transfers employment from the member’s institution granting an appointment with tenure to another system institution, the faculty member shall be deemed to have relinquished tenure in the former entity and shall not carry over such appointment to the latter entity.

Section 10 Termination of Tenure

After a faculty member has been appointed with tenure, his or her service may be terminated only through established College procedures as specified in the Code and these Bylaws, or upon resignation from the College.

Section 11 Financial or Curricular Reasons for Terminations

A tenured faculty member may be terminated for financial exigency or curricular reasons in accordance with the provisions of the Code and Chapter 6 of these Bylaws.

CHAPTER 6: FACULTY PERSONNEL POLICIES

Section 1 Academic Freedom

All members of the academic faculty enjoy academic freedom in the exercise of their professional duties.

Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution. Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter that has no relation to their subject.

College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.

Section 2 Personnel Files

The personnel file of a faculty member maintained by Human Resources shall constitute the official record of employment related actions and shall include such items as applications, resumes, transcripts, employment contracts, evaluations, promotions, leave records, employment notices, awards, disciplinary actions and related records. The File shall be maintained confidentially in accordance with the Code, Chapter 5, Section 5.6.

Section 3 Grievance Procedures for Academic and Administrative Faculty

(Revised 2018; effective 2021)

Pursuant to the Code, Section 5.7, a Grievance Committee shall be established, in accordance with approved Faculty Senate procedures, to hear all grievances that fall within the scope authorized under the Code. Depending on Faculty Senate Bylaws, the Grievance Committee may be a standing committee, or it may be formed on an ad hoc basis. The Grievance Committee shall have representation as required by Section 5.7.3 of the Code, and proceedings are to be informal in nature.

The purpose of this grievance policy is to secure, at the most immediate administrative level, equitable solutions to the problems that may arise from time to time, affecting the welfare or working conditions of academic and administrative faculty. These proceedings shall be kept confidential to those parties involved in the process. Every effort shall be made to expedite the process and to resolve the grievance as soon as possible. Before grievance procedures are pursued, faculty members are encouraged to utilize informal conflict management where appropriate.

3.1 Definitions

Administrative Representative: An administrator above the Dean’s level selected by the President or President’s designee to serve on the College Grievance Committee.

Advocate: NSC academic faculty member, administrative faculty member, or legal counsel chosen by the Grievant or Respondent who may serve as their advisor during the grievance process. If the Grievant or Respondent is a member of the NFA, their advocate can be an NFA representative. The Advocate’s role is solely to advise the Grievant or Respondent. Advocates are not allowed to participate in hearings.

College Grievance Committee: A five-member team composed to evaluate a grievance and provide a recommendation to the President. Title 2, Section 5.7.3 of NSHE Code states, “…if a multi-member grievance committee, board or panel is established, the institutional bylaws must provide that each such grievance committee, board or panel shall represent the administration and the faculty of the System institution.”

Email: For the purposes of this policy, an email is an electronic correspondence sent from and to an official Nevada State College email account.

Grievable Act: According to Title 2, Section 5.7.2, a Grievable Act is “An act or omission to act by the respective administrations of the System institutions, allegedly resulting in an adverse impact on the employment conditions of a faculty member relating to promotion, appointment with tenure or other aspects of contractual status, or relating to alleged violations of the NSHE Code or institutional bylaws.”

Grievant: The academic or administrative faculty member filing the grievance.

Respondent: Any person whose Grievable Act gave rise to the grievance. The Respondent shall be a Dean, Assistant or Associate Dean, Library Director, or Chair for academic faculty and/or professional staff serving in their unit. A Respondent may not be another faculty member, as faculty-to-faculty disagreements should be pursued through other means of informal conflict management.

Working Day: For the purposes of the grievance procedure, a Working Day is Monday through Friday when college classes are scheduled and in session during fall and spring semesters.

3.2 Grievances Covered by Policy

Grievances covered by this policy are limited to faculty-level grievances directed upward in the chain of command. These may include alleged incident(s) directly relevant to teaching workload (as related to types, level, and creative content of classes), salary adjustments insofar as they fall under the purview of the Respondent, equity, evaluation, eligibility for merit pay, or promotion. This policy and process does not cover Title IX, faculty-to-faculty, student-to-faculty, or other types of grievances. The President’s final decision on a grievance is not a Grievable Act.

Title 2, Section 5.7.2 of the NSHE Handbook states, “Decisions of the Board of Regents are not subject to review by grievance procedures. Any decision which involves the nonreappointment to or termination of employment of faculty as provided in Subsections 5.4.2, 5.8.2, 5.9.1, 5.9.2, 5.9.3, and 5.9.4 of the NSHE Code, or the furlough or lay off of faculty for financial exigency or curricular reasons is not subject to review by grievance procedures.”

This policy and these delineated procedures do not apply to classified staff, but rather to academic faculty members, administrative faculty members, and/ or administrators who are current members of academic faculty or who oversee academic and administrative faculty.

Section 4 Informal Resolution Process

The grievance process involves a series of steps which must be documented to ensure fairness. Therefore, this procedure notes a series of artifacts, which are either emails or forms that are signed or sent on a specific date. The completion of an artifact often provides a time constraint for the step that follows.

All grievances must begin with an attempt to resolve the issue amicably pursuant to this section.

To begin the informal resolution process, the Grievant will send an Email to the Respondent within 10 Working Days following the alleged Grievable Act, or following the first date the Grievant knew or should have known of the alleged Grievable Act, whichever is later. The Email must identify when the Grievant first learned of the alleged Grievable Act.

The Email to the Respondent should contain:

  • A description of the issue and any relevant dates;
  • An indication of relevant policy or practices that were allegedly violated;
  • The resolution the Grievant seeks.

If the issue has not been resolved informally, or if no response is received, within 20 Working Days of the Grievant’s initial correspondence to the Respondent, the Grievant may move forward with a formal grievance.

Grievants and Respondents are encouraged to document attempts to resolve the issue informally.

Section 5 Formal Grievance Process

5.1 Initiating the process. The Grievant must complete the Notification of Grievance Form, available from the Office of the Provost. The Grievant is responsible for including any email correspondence and any corroborating evidence. Failure to fully comply with the informal resolution process shall be a bar to filing a formal grievance.

For an act to be grievable, there must be an act or omission by the Respondent that meets the definition of a Grievable Act.

The Grievant must submit the completed Notice of Grievance Form to the Faculty Senate Chair via Email within ten (10) Working Days following the end of the allowable informal resolution process. If a Grievant does not file a timely Notice of Grievance Form pursuant to this section, then the matter will be considered closed.

 5.2 Informing the Respondent. Within five (5) Working Days from the receipt of a completed Notice of Grievance Form, the Faculty Senate Chair shall notify the Respondent via Email.

 5.3 Responding to the grievance. The Respondent must compile documentation and send it to the Faculty Senate Chair within fifteen (15) Working Days from receiving the notification.

5.4 Forming a grievance committee. Within fifteen (15) Working Days from receipt of a completed Notice of Grievance Form, the Faculty Senate Executive Committee will select the College Grievance Committee as per Section 6 below. If the Grievant or the Respondent makes a peremptory challenge to the committee composition, this process can take up to twenty-five (25) Working Days, pursuant to Section 6.5. The Faculty Senate Chair will send an Email to the Grievant and the Respondent documenting that the College Grievance Committee membership has been finalized.

 5.5 Determining if a hearing is warranted. Within fifteen (15) Working Days of finalizing the College Grievance Committee, the committee will sign the Confidentiality Form (available from the Office of the Provost), review materials provided by the Grievant and Respondent, and determine by majority vote if there is sufficient cause to recommend a hearing. The Committee may request additional information to render its recommendation.

 5.51 Recommendation to proceed. If the College Grievance Committee recommends a hearing, the College Grievance Committee Chair will notify the Grievant, the Respondent, and the President or President’s designee via Email of the decision to schedule a hearing.

5.52 Recommendation not to proceed. If the College Grievance Committee recommends against a hearing, the College Grievance Committee Chair will notify the President or designee via Email. The Email must contain a summary of the Committee’s rationale. If the President or President’s designee concurs with the recommendation, the matter will be considered closed. If the President disagrees, the grievance will proceed to a hearing.

 5.6 Selecting an Advocate. If the grievance advances to a hearing, any Grievant bringing an Advocate must so advise the College Grievance Committee Chair by Email at least ten (10) Working Days prior to the hearing; the College Grievance Committee Chair will in turn inform the Respondent(s), who may then request representation by NSC General Counsel. The Grievant(s) or the Respondent(s) is allowed one Advocate, who serves only in an advisory capacity. If either party fails to provide notification of an Advocate to the College Grievance Committee Chair at least ten (10) Working Days prior to the hearing, they will not be permitted to have an Advocate present at the hearing.

 5.7 Holding a hearing. The hearing is to be attended only by the five (5) members of the College Grievance Committee, the Grievant, the Respondent, and any Advocates. The hearing shall occur within fifteen (15) Working Days of the date in which the Email (detailed in 5.5) was sent from the College Grievance Committee to the Grievant, Respondent, and President or President’s designee.

5.8 Reaching a recommendation. The decisions of the College Grievance Committee panel shall be in the form of recommendations and are advisory only. Such recommendations shall be sent to the President.

The College Grievance Committee shall reach its recommendation based solely on the evidence presented by the Grievant and Respondent and any additional evidence requested by the College Grievance Committee. The College Grievance Committee Chair forwards the Final Recommendation Form, available from the Office of the Provost, via Email to the President or the President’s designee, the Grievant, and the Respondent within ten (10) Working Days of concluding the hearing.

 5.9 Formal determination. Upon receipt of the Final Recommendation Form, the President or President’s designee shall provide Email notification of a decision regarding the grievance within fifteen (15) Working Days to the Grievant, the Respondent, and the College Grievance Committee Chair. The College Grievance Committee Chair will inform the College Grievance Committee of the decision. The decision of the President or the President’s designee is final.

Section 6 Selecting a College Grievance Committee

6.1 Determining eligible committee members. The Faculty Senate Chair requests a list from the Office of Human Resources of faculty who are eligible to serve on the committee. The following criteria determine eligibility:

  • Must have greater than 50% full-time equivalent (FTE) at NSC;
  • A minimum of three of the five committee member must have the same faculty classification as the Grievant:
    • Must be academic faculty in cases in which the Grievant is an academic faculty member;
    • Must be administrative faculty in cases in which the Grievant is an administrative faculty member.

 6.2 Distributing the list. Upon receipt of the list from HR, the Faculty Senate Chair will send the list of eligible faculty to the Grievant, the Respondent, and the President or President’s designee.

 6.3 Submitting preferred candidates. Within five (5) Working Days of receiving the list of eligible faculty, the Grievant and Respondent will each provide five (5) names from the list for consideration.

 6.4 Composing the committee. The Faculty Senate Chair will compose the College Grievance Committee of the following members: two (2) faculty chosen from the preferred list provided by the Grievant and two (2) faculty chosen from the preferred list provided by the Respondent. An Administrative Representative chosen from the list of eligible faculty by the President or President’s designee serves as the fifth member. The Faculty Senate Chair will appoint one member of the College Grievance Committee to serve as the College Grievance Committee Chair. The Faculty Senate Chair will send an Email to the Grievant, the Respondent, and the President or President’s designee documenting the committee membership.

 6.5 Exercising a peremptory challenge. Within five (5) Working Days from receipt of the preliminary list of committee members, the Grievant and the Respondent may each exercise a peremptory challenge of one member of the College Grievance Committee. In the case of a peremptory challenge, the Faculty Senate Executive Committee will reconvene within five (5) Working Days to select a replacement member from the pool of eligible faculty and administration members or consult with the President or designee for an alternate Administrative Representative. The Faculty Senate Chair will notify the Grievant, Respondent, and President or President’s designee via Email of the finalized committee membership.

Section 7 Confidentiality and Record Retention

As grievances are personnel matters, confidentiality of grievance files shall be maintained, excepting instances of court order or requests for reproduction to the extent required by law. The files shall be secured in the Office of Human Resources Access to the files shall be granted only for the purpose of evaluating or determining a grievance and shall be limited to the College Grievance Committee, the Grievant, the Respondent, and the President or President’s designee. Each person authorized to view the file will sign a document agreeing to preserve the confidentiality of its contents at the beginning of the grievance process, and the Office of Human Resources shall maintain a log detailing who has requested access to the files and their reason for reviewing them.

 NSC will follow a “FY + 7 years” retention period set forth in the NSHE Procedures and Guidelines Manual, Chapter 16; a copy of the grievance and decision will be kept for seven (7) years past the fiscal year of the faculty member’s last date of employment.

Section 8 Personnel Recommendations

Each academic and administrative faculty member shall be evaluated annually by Department Chairs, supervisors or heads of administrative units. One of the purposes of annual performance evaluations is to provide constructive, developmental feedback to the faculty member. All performance evaluations shall be based on the criteria specified in the Title 2, Section 5.12 of the NSHE Code and Title 4, Chapter 3, Section 4(2) of the Board Handbook. The categories of evaluation include the following ratings: excellent, commendable, satisfactory or unsatisfactory.

Each person shall submit documentation on each of the applicable areas. The College may recommend a specific form of submission. In addition, department or unit bylaws may contain more specific requirements. Evidence of excellent performance in specified professional responsibilities shall be a requirement for tenure or promotion.

Annual evaluations of tenured faculty shall comply with Title 2, Chapter 5, Section 5.13 of the Code. For academic faculty, evaluations shall include peer review within the department or unit. For tenure-track faculty members, external peer review shall be required for promotion or tenure.

The performance evaluations of executive and supervisory faculty shall include consultation with the professional and classified staff of the appropriate administrative unit.

The evaluation of each person shall carry a signed statement indicating that he or she has read the evaluation or has waived the right to read it. If the faculty member disagrees with any part of the evaluation, he or she may submit a written statement, which shall be attached to the written evaluation and become a part thereof as specified in Title 4, Chapter 3, Section 4(5). In addition, the faculty member may seek reconsideration if permitted by the Code and/or file a grievance with respect to the evaluation. In the event reconsideration is sought, the final step of the reconsideration for an academic faculty member will be to the Dean, and the final step for an administrative faculty member will be to the appropriate Vice President or Provost. If the College adopts a peer committee evaluation review process, the peer committee process may be used as an alternative to a grievance. The peer committee shall be comprised of members outside the department or unit. All reconsideration determinations must have the approval of the President.

Section 9 Personnel Recommendations

All tenure, promotion, merit determinations and annual evaluations shall be made on the basis of the person’s professional performance in meeting their assigned responsibilities, with due consideration to such additional activities undertaken with the approval of the faculty member’s supervisor.

Section 10

Where funds have been allocated for merit during a given year, merit shall be awarded by the department or unit based on the annual evaluation. Merit funds shall not be routinely distributed evenly between members of the department or unit, but must instead be awarded to individual faculty members to recognize substantial contributions leading to an annual evaluation of commendable or excellent.

If a faculty member challenges the award of merit or the annual evaluation, the same process must be used for review of both issues.

Section 11 Nonreappointment of Nontenured Faculty

Notification of nonreappointment or termination of nontenured members of the faculty shall be made in accordance with the provisions prescribed in the Code, Section 5.9, et. seq. The faculty member involved has the right to request the reasons for nonreappointment or termination in accordance with Section 5.2.3 of the Code. This section is not applicable to temporary or part-time faculty.

Section 12 Dismissal

All faculty members are subject to dismissal for cause as specified in the Title 2, Chapter 6 of the Code, as well as pursuant to certain other more specific policies stated in Title 2, Chapter 5 of the Code, including, but not limited to termination for financial exigency or curricular reasons, abandonment of job, falsification of application materials or degree, and/or failure to return to work after exhaustion of all available leave.

In addition, certain contracts of employment may have more specific terms stated in the contract pertaining to termination.

Section 13 Sabbatical Leave

The number of slots for sabbatical leaves is determined by the NSHE, and is limited by available funding. The major purpose of sabbatical leaves is to provide the faculty opportunity for continued professional growth and new or renewed intellectual achievement through study, research, writing, creative work and travel, so that teaching effectiveness may be enhanced, scholarly usefulness increased, and the institution’s academic, research, and service programs strengthened.

Any faculty member with academic equivalent rank, including the rank of lecturer, who shall, at the beginning of the proposed leave, have served full-time on either a ten- or twelve-month contract for six or more consecutive salaried years without a sabbatical leave is eligible to apply for sabbatical leave. The request shall be made to the Provost, who shall consult with the department or unit, and with the President, prior to making a decision. Any sabbatical shall be conditioned upon returning to the College for at least one year following the conclusion of the sabbatical.

If there is an approved leave of absence during the six consecutive years, the time accrued toward earning a sabbatical will not be lost, and will continue once the leave is completed.

CHAPTER 7: SEARCH PROCEDURES

Section 1 General Policy

All full-time positions, except for temporary or interim appointments, should be filled through an established search process, except where an exception is approved by the President.

Section 2 Office of the President

In accordance with the Code, Chapter 1, Section 1.5.4, an Institutional Advisory Committee shall be appointed whenever a vacancy in the position of President occurs.

Section 3 Provost/Vice Presidents

Consultation with faculty by the President will occur in all searches for Provost and Vice President positions. Such consultation will usually occur in the form of participation on an appointed screening committee.

Section 4 Deans

Consultation with faculty in the unit concerned by the Provost will occur in all searches for Dean positions. Such consultation will usually occur in the form of participation on an appointed screening committee.

Section 5 Faculty

Recommendation for new faculty appointments shall originate in the academic departments or administrative units, upon authorization by the Provost and appropriate Dean/Director/Supervisor. The objective of the recruitment and screening process shall be to hire the most suitable candidate for each academic and administrative position through an appropriate search process.

HISTORY

Revisions to Chapter 6 Section 3, Grievance policy, approved internally in 2018. Revised and approved by NSHE Spring 2021. New policy effective 6/10/2021.