Senate Bylaws
Revised January 2012
1. Terms and Conditions of Membership on Senate
1.01 Members of Senate, in their function as members of this body, do not act as delegates of the bodies or constituencies from which they were drawn; rather, as members, all must endeavour to serve the interest of the entire University to the best of their ability.
1.02 The terms and office for voting members shall be consistent with the University Act.
1.03 Faculty, professional support staff, and student elections for Senate will be held in the Spring semester each year.
1.04 The term of each elected faculty, staff, or student or appointed member shall normally begin on September 1.
1.05 An elected member may resign from the Senate by giving the Chair notice in writing.
1.06 The seat of a member who leaves the constituency from which that member has been elected shall be declared vacant.
1.07 Any member who will be absent from a meeting will notify the University Secretariat prior to the meeting.
1.07.1 Voting by alternates is not permitted..
1.08 The seat of any elected member who fails to attend three meetings of Senate between September 1 and August 31 may be declared vacant by the Chair.
1.09 In the event a seat of an elected member becomes vacant it shall be filled by the candidate who received the most votes among those who were nominated but not elected in the most recent election. In the event the seat was filled by acclamation, the following steps will occur. If the seat is declared vacant between the months of February and September, a by-election will take place in the fall to find a replacement. If the seat is declared vacant between the months of October and January and the remainder of the term is less than one year in length, a regular election will occur in the spring and the outstanding months remaining on the vacant term will be added to term of office for the seat up for election. If all the seats in a given constituency are acclaimed, a random selection from the acclaimed candidates will occur to assign the remaining term of office. If more than one seat is being elected in this grouping, then the candidate who receives the most votes will be awarded the extended term of office. If the remainder of the term is more than one year, a by-election will occur.
1.10 Members of Senate shall commit to serving on a minimum number of its committees, as set from time to time by Senate.
2. Operational Procedures of the Senate
2.01 All proceedings of the Senate shall be governed by the most recent revision of Robert’s Rules of Order, except as otherwise provided.
2.02 A quorum of the Senate shall consist of 50 percent plus one of the voting members.
2.03 Any business conducted at a meeting (regular or otherwise) where there is no quorum present will be considered as unofficial and subject to ratification at the next meeting held where a quorum is present. Any communication coming out of a meeting where no quorum was present shall be prefaced with a clear indication the communication is subject to ratification.
2.03.1 While this provision covers a meeting called knowing there will likely be no quorum, it is possible for a regular meeting without a quorum to continue under this same provision, providing all members present are in agreement.
2.04 A simple majority of the voting members present is required to carry a motion.
2.05 The Senate shall establish such committees, consisting of members or non-members, as the Senate from time to time may think fit and may specify the duties to be performed by such committees. Committees of the Senate may not assume any of the powers of the Senate and are restricted to making recommendations to the Senate unless otherwise tasked by Senate.
2.06 Members of the Kwantlen Polytechnic University community shall be encouraged to attend and observe meetings of the Senate. Observers will have no speaking or voting privileges.
2.07 From time to time the Senate may invite guests to make presentations to Senate meetings and to answer questions related to their presentations.
2.08 If a topic on the agenda contains material of a private or confidential nature, the Senate will have the right to close to observers that portion of the meeting in which that topic is discussed.
2.09 The Senate may hold such additional special meetings as are deemed necessary by the Senate or Executive Committee after serving notice of not fewer than five working days to Senate members.
2.10 A proposed agenda and supporting material for any meeting shall be circulated to Senate members not fewer than two working days prior to any meetings.
2.11 Approved minutes of the Senate will be made public and readily accessible.
2.12 Senate bylaws may be amended by:
2.12.1 Giving notice of a motion to amend bylaws at a Senate Meeting;
2.12.2 Voting at a subsequent Senate meeting with a two-thirds majority vote of those present; and
2.12.3 Fulfilling any other legislated requirements.
3. Conflict of Interest
3.01 A conflict of interest arises when a Senate member’s private interests supersede or compete with his or her dedication to the interests of the University. This could arise from a real, potential, or apparent conflict of interest for a Senate member or related persons and may be financial or otherwise. For this purpose:
3.01.1 A ‘real conflict of interest’ occurs when a Senate member exercises an official power or performs an official duty or function and at the same time, knows that in the performance of this duty or function or in the exercise of power there is the opportunity to further a private interest.
3.01.2 A ‘potential conflict of interest’ occurs when there exists some private interest that could influence the performance of a member’s duty or function or in the exercise of power provided that he or she has not yet exercised that duty or function.
3.01.3 An ‘apparent conflict of interest’ exists when there is a reasonable apprehension which reasonably well-informed persons could properly have that a Real Conflict of Interest exists on the part of the member.
3.02 Senate members must arrange their private affairs and conduct themselves in a manner to avoid conflict of interest. In cases where conflict cannot be avoided, a Senate member has an obligation to declare a conflict of interest prior to discussion or decision of an issue. Upon declaration of a conflict the person recording the events of the meeting should duly note the declaration and the Senate member must refrain from discussion or voting on that particular matter, contract or arrangement.
3.03 Where a Senate member is unsure whether he or she is in conflict, that member should raise the perceived potential conflict with the Senate, and the Senate should determine by majority vote whether or not a conflict of interest exists. The member perceived to be in conflict should refrain from voting on the issues. Where a conflict of interest is discovered after consideration of a matter, the conflict must be declared to the Senate and appropriately recorded at first opportunity. If the Senate determines that involvement of said member influenced the decision of the matter, the Senate shall re-examine the matter and may rescind, vary, or confirm its decision.
3.04 Any Senate member who perceives another member to be in conflict of interest in a matter under consideration must identify the perceived conflict to the Senate at the first opportunity. The Senate should determine by majority vote whether or not a conflict of interest exists and the member perceived to be in conflict should refrain from voting.
3.05 At its discretion, the Senate may invite the member in conflict to state his or her position on the issue in question prior to absenting himself or herself.
4. Vice Chairs
4.01 Each year at the April meeting, voting members of the Senate will elect one First Vice Chair and one Second Vice Chair from within the Senate’s voting membership.
4.02 The First Vice-Chair will fulfill the duties of the Chair in the Chair’s absence and will assist in the performance of the Chair’s duties.
4.03 The Second Vice Chair will fulfill the duties of the First Vice Chair in the First Vice Chair’s absence and will assist in the performance of the First Vice Chair’s duties.
