OF
BOSTON COLLEGE
Adopted by resolution of the Board of
Trustees, December 7, 1972.
Amended May 18, 1973: Addition of Article VIII.
Amended December 7, 1973: Article II, Section 12k.
Amended September 26, 1980: Article II, Section 3,
and modified by editorial changes.
Amended September 23, 1983: Article V.
Amended December 1, 1989: Article IV, Section 5
Amended September 15, 1995: Article IV, Section 2
ARTICLE I. NAME, LOCATION AND PURPOSES
The legal name of the Corporation is the Trustees of Boston College, under which its business and affairs are conducted. The University established and maintained by the Corporation is known as Boston College.
The location of the principal office of the Corporation is the City of Newton, Massachusetts.
The purposes of the Corporation shall be as set forth in its Charter, as from time to time amended. The Charter consists of Chapter 123 of the Acts of 1863 of the General Court of the Commonwealth of Massachusetts, as amended by Chapter 340 of the Acts of 1908, Chapter 464 of the Acts of 1959 and Chapter 1031 of the Acts of 1971.
The persons named in the Act of Incorporation of 1863, and their respective successors who shall be elected from time to time, shall constitute the Board of Trustees of the Corporation. The membership of the Board of Trustees shall consist of twenty-one or more persons, as may be determined from time to time by majority vote of the entire Board of Trustees. The President of Boston College shall be an ex officio member of the Board of Trustees.
Trustees shall be elected by a majority vote of the entire Board. Each Trustee shall be elected for a term of one, two, three or four years, in accordance with these Bylaws. Terms shall be so allocated that each year one-fifth or more of the Trustees shall be elected or reelected by the Board of Trustees.
Trustees shall be eligible for reelection for a term not exceeding four years.
With the exception of the President of Boston College, no Trustee, who has served for eight consecutive years, shall be eligible for reelection until one full year has elapsed from the conclusion of the eighth year of service. No Trustee shall be eligible for election or reelection or continued membership on the Board of Trustees after completion of the fiscal year in which he has attained the age of seventy years. Exceptions to the policies expressed in this paragraph may be made on the basis of a two-thirds vote.
NB: In the interest of style, hereinafter the masculine personal pronoun, he, will generically denote both male and female gender.
Any Trustee may resign his office at any time by submitting a written resignation to the Chairman or Secretary of the Board of Trustees.
Any Trustee may be removed from office by a two-thirds vote of the entire Board of Trustees whenever, in their judgment, he shall have become incapable or ineligible by age or otherwise to discharge the duties of his office, or shall neglect or refuse to perform the same.
If any membership of the Board is vacated by resignation, removal or for any other cause, the vacancy shall be filled for the balance of the original term as soon as possible.
The Officers of the Board of Trustees shall be a Chairman, a Vice Chairman and a Secretary. They shall be elected by a majority vote of the entire Board at the annual meeting or at any other meeting of the Board. The President of Boston College shall not be an officer of the Board of Trustees. The tenure of such officers shall be for a period of one year or until their successors are duly elected. The Chairman shall preside over all meetings at which he is present. In the absence of the Chairman, the Vice Chairman shall preside. The Secretary shall give written notice of all meetings to all members of the Board, as hereinafter provided. He shall keep minutes of all business transacted at each meeting, which minutes, after approval by the Trustees present, shall be transcribed in a permanent record and a copy of the same shall be mailed to all members of the Board of Trustees and to the Secretary of the University.
The annual meeting of the Board of Trustees shall be held on the first Friday of October in each year, or on such other date as shall be determined by the Chairman of the Board. Other regular meetings shall be held with such frequency, and at such times and places, as may be determined from time to time by resolutions of the Board. Any business may be transacted at the annual or any other regular meeting of the Board of Trustees.
Special meetings of the Board of Trustees may be called at any time by the Chairman upon his own initiative and shall be called by him upon written request of a majority of the Executive Committee, or of a majority of the entire Board of Trustees. Such written request shall state the purpose or purposes of the special meeting. Business transacted at any special meeting of the Board shall be limited to the purpose or purposes stated in the notice of the meeting. However, if two-thirds of the entire Board are present at the meeting, other matters may be taken up by unanimous consent of those attending.
SECTION 10. NOTICE OF MEETINGS
Written notice of each regular and special meeting of the Board of Trustees shall be mailed or otherwise delivered to each Trustee by the Secretary of the Board at his post office address, as it appears upon the books of the Corporation, at least two weeks before such meeting. Every such notice shall state the place, date and hours at which the meeting is to be held. Notice of the annual or other regular meeting need not, but notice of any special meeting shall state the purpose or purposes of the meeting. These provisions for notice may be waived by any unnotified Trustee who is personally present at the meeting in question.
The personal presence of a majority of the entire Board of Trustees shall constitute a quorum for the transaction of business at all meetings of the Board of Trustees. There shall be no presence or voting by proxy. If less than a quorum shall be in attendance at the time for which a meeting shall have been called, the meeting may be adjourned from time to time by a majority vote of the Trustees present, without any notice other than by announcement at the meeting, until a quorum shall attend. At any adjourned meeting at which a quorum shall attend, any business may be transacted which might have been transacted if the meeting had been held as originally called.
SECTION 12. POWERS OF THE BOARD OF TRUSTEES
Subject to the General Laws of the Commonwealth and the Charter of the Corporation, and in accordance with the Bylaws of the Corporation, the Board of Trustees shall exercise ultimate authority over and ultimate responsibility for all acts of the Corporation.
The Board of Trustees shall have all necessary and convenient powers to direct and manage the business and affairs of the Corporation, hereinafter referred to as the University. These powers shall include but shall not be limited to the following:
a. to elect the President of Boston College by a majority vote of the entire Board; and to remove him from office by a two-thirds vote of the entire Board;
b. to appoint and remove the other Officers of the University;
c. to approve all major changes in the educational policies and programs of the University;
d. to approve the granting of all degrees in course and of all honorary degrees;
e. to enact and amend the Statutes of the University, particularly concerning the appointment, promotion, tenure and duties of the Officers, the administrative officials, and the faculty of the University;
f. to enact and amend rules and regulations for the orderly government of the University, including procedures for the enforcement of the same;
g. to authorize the establishment and disestablishment, or approve the constitution, of official senates, councils, boards or other organizations of administrative officials or members of the faculty or student body of the University;
h. to authorize the establishment or disestablishment of a school or college or major institute of the University;
i. to concur in the appointment of a Dean of any School or College;
j. to review and take appropriate action respecting the budget of the University, which shall be submitted to the Board upon recommendation of the President;
k. to authorize any changes in tuition, room or board within the University;
l. to authorize the construction of new buildings and major renovations of existing buildings of the University;
m. to authorize the sale and purchase or lease of land or buildings for the use of the University;
n. to authorize and promote major fund-raising activities of the University;
o. to authorize the President and the Treasurer of the University to accept gifts to the University, except that the acceptance of restricted gifts, which involve major obligations, must be ratified by a majority vote of the entire Board;
p. to authorize the incurring of debts by the University and the securing thereof by mortgage and pledge of real and personal property, tangible and intangible, presently owned or to be acquired by the University;
q. to constitute within the membership of the Board such standing or ad hoc committees concerning academic affairs, financial matters, student welfare, public relations, planning and development, buildings and grounds, and other subjects, as the Board from time to time may deem necessary or convenient to the efficient exercise of its powers and functions.
ARTICLE III. EXECUTIVE COMMITTEE OF THE BOARD OF TRUSTEES
The membership of the Executive Committee of the Board of Trustees shall consist of the Chairman of the Board, ex officio, the President of Boston College, ex officio, and five or more other Trustees, as may be determined from time to time by a majority vote of the entire Board. The elected members of the Committee shall be elected at the annual meeting or at any other regular meeting of the Board by a majority vote of all the Trustees present. The members of the Executive Committee, other than the Chairman and the President of Boston College, shall serve until the next annual meeting after their election, or until their successors are duly elected. They shall be eligible for reelection at the annual meeting of the Board.
The Officers of the Executive Committee shall be a Chairman, a Vice Chairman and a Secretary. The Chairman of the Board of Trustees shall be ex officio the Chairman of the Executive Committee. A Vice Chairman and a Secretary shall be elected by a majority vote of the entire Committee; but the President of Boston College shall not be an Officer of the Executive Committee. The Vice Chairman and the Secretary shall serve for a period of one year or until their successors are duly elected, and shall be eligible for reelection. The Chairman shall preside over all meetings at which he is present. In the absence of the Chairman, the Vice Chairman shall preside. The Secretary shall give such notice of meetings to the members of the Committee as the rules adopted by the Committee shall require. He shall keep minutes of all business transacted at each meeting, which minutes, after approval by the members of the Committee present, shall be transcribed in a permanent record. A copy of the same shall be mailed to all members of the Executive Committee, to all members of the Board of Trustees and to the Secretary of the University.
The Executive Committee shall ordinarily meet once a month, except during July and August, at such times and places as may be determined from time to time by resolution of the Committee. Special meetings may be called by the Chairman upon his own initiative, and shall be called by him upon written request of any three members of the Committee. Such written request shall state the purpose or purposes of the special meeting. The personal presence of a majority of the entire Executive Committee shall constitute a quorum for the transaction of business at all meetings of the Committee. There shall be no presence or voting by proxy. Unless otherwise specifically stipulated by the Board of Trustees, the business of the Executive Committee may be transacted by a majority vote of the members of the Committee present at any meeting. The Executive Committee may adopt specific rules, not inconsistent with these Bylaws, respecting the calling, notice and conduct of its own meetings.
SECTION 4. POWERS OF THE EXECUTIVE COMMITTEE
Subject to the General Laws of the Commonwealth, the Charter of the Corporation, the Bylaws of the Corporation, and the paramount legal authority and responsibility of the Board of Trustees, the Executive Committee of the Board of Trustees shall have, between the meetings of the Board of Trustees, all necessary and convenient powers to manage the ordinary business and affairs of the University; provided, however, that, unless expressly authorized to do so by a majority vote of the Board of Trustees, and unless it is an important matter which should not be deferred, the Committee shall not exercise any of those specific powers of the Board of Trustees enumerated above in Article II, Section 12, subparagraphs a through q. The Executive Committee acts for and is immediately responsible to the Board of Trustees. The Executive Committee shall have power to recommend policies, programs and actions to the Board of Trustees.
ARTICLE IV. OFFICERS OF THE UNIVERSITY
The Officers of the University shall be a President, an Executive Vice President, a Secretary, a Treasurer and such other vice presidents as the Board of Trustees shall from time to time deem necessary or convenient for the efficient conduct of the business and affairs of the University. With the exception of the President, the Officers of the University shall be elected, upon recommendation by the President, by a vote of the Board of Trustees for terms not exceeding four years. They shall be eligible for reelection for similar terms, until attaining the age specified by state or federal law at which retirement may become obligatory. Officers may resign from office at any time by submitting a written resignation to the Chairman or to the Secretary of the Board of Trustees and they may be removed from office by majority vote of the entire Board of Trustees whenever, in the judgment of the Board, they shall have become incapable or ineligible by age or otherwise to discharge the duties of their office, or shall neglect or refuse to perform the same.
Any two offices may be held by the same person except those of President and any Vice President, President and Secretary, President and Treasurer, or Secretary and Treasurer. No Officer shall execute, acknowledge or verify any instrument in more than one capacity if such instrument is required to be executed, acknowledged or verified by any two or more Officers by the General Laws of the Commonwealth, the Charter of the Corporation, the Bylaws of the Corporation, or by resolution of the Board of Trustees. The Officers of the University may be, but with the exception of the President, need not be members of the Board of Trustees.
The President of Boston College shall be ex officio a member of the Board of Trustees and a member of the Executive Committee of the Board of Trustees.
The President shall be the chief executive and administrative officer of the University. He shall have the general direction, management and control of the educational activities, business operations and other affairs of the University; and for the efficient conduct of his office, he shall have all necessary and convenient powers usually possessed by presidents of universities in the Commonwealth.
The President shall make an annual report on the affairs of the University, and he shall recommend the annual budget of the University to the Board of Trustees.
The President shall sign and execute all authorized contracts, instruments of conveyance in interests in real and personal property, bonds, mortgages, notes or other securities in the name of the University, except where the signing and execution of such instruments shall have been delegated by the Board of Trustees exclusively to some other Officer or administrative official of the University. The President may, however, delegate his powers concerning the signing and execution of such instruments to the Treasurer or to any other Officer or administrative official of the University.
SECTION 3. THE EXECUTIVE VICE PRESIDENT
The Executive Vice President of Boston College shall ordinarily have those powers and duties delegated to him by the Board of Trustees and by the President of Boston College. In the temporary absence or disability of the President, the Executive Vice President shall have all the powers and duties of the President; and any action taken by him in place of the President shall constitute probative, but not conclusive, evidence of the absence of disability of the President.
The Secretary of Boston College shall have those powers and duties usually pertinent to the office of secretary of an educational corporation in the Commonwealth, and such other duties as the Board of Trustees and the President of Boston College shall delegate to him. He shall keep an attested copy of the Charter of the Corporation, the Bylaws of the Corporation, the Statutes of the University, and all votes and minutes of the Board of Trustees and the Executive Committee of the Board of Trustees. He shall furnish copies of the above documents to any member of the Board of Trustees and any Officer of the University who shall request the same, and to any administrative official of the University who shall be authorized by the Board of Trustees to inspect the same. He shall be the custodian of the seal of the University, and shall affix the same to any instrument requiring the seal.
The Treasurer of Boston College shall have all those powers and duties usually pertinent to the office of treasurer of a corporation in the Commonwealth and such others as the Board of Trustees and the President of Boston College shall delegate to him.
SECTION 6. OTHER VICE PRESIDENTS
The Board of Trustees shall have the power to elect, in addition to the Executive Vice President of Boston College, such other vice presidents for academic affairs, financial matters, student welfare, public relations, planning and development, fund-raising and other subjects, as the Board may from time to time deem necessary or convenient for the efficient management of the business and affairs of the University. The powers and duties of such vice presidents shall be as determined by a majority vote of the entire Board of Trustees.
SECTION 7. OTHER ADMINISTRATIVE OFFICIALS
The President shall have power to appoint such other administrative officials to serve the University as he may from time to time deem necessary or convenient for the efficient management of the business and affairs of the University.
ARTICLE V. FISCAL YEAR OF THE UNIVERSITY
The fiscal year of the University shall begin on June 1 and end on May 31 of each calendar year.
ARTICLE VI. SEAL OF THE UNIVERSITY
Subject to alteration by two-thirds vote of the entire Board of Trustees, the seal of the University shall consist of a flat circular die with wording as follows:
Collegium Bostoniense
Fund. 1863
Religioni et Bonis Artibus
aien aristuein
ARTICLE VII. AMENDMENTS TO THE BYLAWS
These Bylaws may be amended from time to time, but only by a two-thirds vote of the entire Board of Trustees.
ARTICLE VIII. INDEMNIFICATION OF TRUSTEES, OFFICERS AND EMPLOYEES
The Corporation shall, to the extent that the status of the Corporation as an organization exempt under Section 501(c)(3) of the Internal Revenue Code is not affected thereby, indemnify each of its Trustees, Officers and employees in office at the time of the adoption of this provision or thereafter in office, against all expenses (including, without limitation, decrees, judgments, court costs, attorney's fees and the amount of reasonable settlements, but not including amounts paid or payable to the Corporation itself) hereafter reasonably incurred by him in connection with any claim asserted against him or any action, suit or proceeding of whatever nature in which he may be involved or with which he may be threatened while in office or thereafter, by reason of his being or having been such Trustee, Officer or employee or by reason of any action alleged to have been theretofore or thereafter taken or omitted by him as such Trustee, Officer or employee, whether or not he continues to be such Trustee, Officer or employee at the time of incurring such expense.
The Corporation, however, shall not indemnify any such Trustee, Officer or employee against expenses incurred by him in connection with any such claim, action, suit or proceeding:
Expenses, including counsel fees, reasonably incurred by any such Trustee, Officer or employee in connection with the defense or disposition of any such claim, action, suit or proceeding may be paid from time to time by the Corporation in advance of the final disposition thereof upon receipt of an undertaking by such individual to repay the amounts so paid to the Corporation if he shall be adjudicated to be not entitled to indemnification under law or shall not be voted indemnification by the Board of Trustees or special committee as provided above. The right of indemnification herein provided for shall inure to the benefit of the executors or administrators of each Trustee, Officer or employee and shall not be deemed exclusive of any other rights to which he may be entitled under any statute, bylaw, agreement, vote or otherwise, or to which he might have been entitled were it not for this provision.
Adopted by resolution of the Board of Trustees, March 7, 1980
Effective, July 1, 1980
Amended June 7, 1985: Chapter II, Section 12, Paragraph 1
Amended June 4, 1993: Chapter II, Section 4B, 1. c.
Amended September 15, 1995: Chapter I, Section 4; Chapter I, Section 5;
Chapter II, Section 8, D. 2; Chapter II, Section 13
Amended June 2, 2006: Chapter I, Section 3
PREAMBLE TO THE UNIVERSITY STATUTES
The foundation of Boston College arose from the labor of the first Jesuit Community in New England, established at St. Mary's Church, in Boston, in 1849. In 1857, Reverend John McElroy, S.J., first Superior of the Jesuit Community at St. Mary's, purchased the land and erected the collegiate buildings on Harrison Avenue, in Boston, the location of the College for fifty years.
On April 1, 1863, the College received from the Commonwealth of Massachusetts a university charter empowering the Board of Trustees to confer degrees usually granted by colleges in the Commonwealth, except medical degrees. This single restriction in the Charter was removed by legislative amendment approved April 1, 1908.
Reverend John Bapst, S.J., was the first President of Boston College and inaugurated the program of collegiate instruction on September 5, 1864.
In 1907, Reverend Thomas I. Gasson, S.J., President, secured the land which is the site of the present campus at Chestnut Hill. In 1913, the College was moved to this campus, which lies partly in Boston and partly in the City of Newton.
On June 28, 1974, the campus and facilities of the former Newton College of the Sacred Heart on Centre Street in Newton, founded by the Society of the Sacred Heart in 1946, became part of Boston College.
As a university established by the Society of Jesus, Boston College is devoted to the moral and intellectual education of its students and to the general advancement of human understanding. It is founded on a belief in God the Creator and Redeemer who, by His example and teaching, and by the unique natural faculties He has bestowed upon mankind, provides for the guidance of human life. Its Jesuit faculty, so closely associated with both the religious and humanistic aspects of the University from the beginning, particularly manifests its dedication to this comprehensive quest for truth.
It is the purpose of Boston College to cultivate the attitudes and to provide the means essential to achieve:
1. respect for truth as the primary concern of the academic community;
2. freedom of inquiry as indispensable for attaining truth;
3. a faculty of competent scholars and teachers to direct the process of student development;
4. a curriculum that presents the content and the spirit of the liberal arts, in conjunction with academic specialization and professional education;
5. an intellectual reflection on religious experience and a respect for its value within the educational enterprise.
Boston College welcomes to its community all persons, regardless of race, creed, color, sex, age, or handicap who respect its vision and desire to share in fulfilling its purpose.
The legal body Corporate of the University is the Board of Trustees with whom the President of Boston College sits ex officio. Subject to the General Laws of Massachusetts and the Charter of the Corporation, and in accordance with the Bylaws of the Corporation, the Board exercises ultimate authority over, and bears ultimate responsibility for, all acts of the Corporation. It has all necessary and convenient powers to direct and manage the business and affairs of the University including, but not limited to, the following:
1. to elect and to remove the President of the University;
2. to appoint and to remove other Officers of the University;
3. to approve all major changes in the education policies and programs of the University;
4. to approve the granting of all degrees in course and all honorary degrees;
5. to enact and to amend the Statutes of the University;
6. to enact and to amend rules and regulations for the orderly government of the University, including procedures for the enforcement of the same;
7. to approve the establishment or disestablishment of official senates, councils, boards or organizations of administrative officials, of members of the faculty or student body of the University, and the constitutions thereof;
8. to authorize the establishment or disestablishment of a school or college or major institute of the University;
9. to concur in the appointment of a Dean of any School or College;
10. to review and to take appropriate action respecting the budget of the University, which shall be submitted to the Board upon recommendation of the President;
11. to authorize any changes in tuition, room or board within the University;
12. to authorize the construction of new buildings and major renovations of existing buildings of the University;
13. to authorize the sale and purchase or lease of land or buildings for the use of the University;
14. to authorize and promote major fund-raising activities of the University;
15. to authorize the President and the Treasurer of the University to accept gifts to the University, except that the acceptance of restricted gifts, which involve major obligations, must be ratified by a majority vote of the entire Board;
16. to authorize the incurring of debts by the University and the securing thereof by mortgage and pledge of real and personal property, tangible and intangible, presently owned or to be acquired by the University;
17. to constitute within the membership of the Board such committees as the Board may deem necessary or convenient.
Accordingly, the following University Statutes are promulgated by the Board of Trustees of Boston College for the government of the University.
THE UNIVERSITY STATUTES
CHAPTER I - UNIVERSITY OFFICERS AND ADMINISTRATION
The President shall be the chief executive
and administrative officer of the University, subject to the
direction of the Trustees of Boston College.
SECTION 2. THE EXECUTIVE VICE
PRESIDENT
The Executive Vice President shall carry out
those duties and responsibilities specified in the Bylaws of the
Trustees of Boston College.
SECTION 3. THE PROVOST
AND DEAN OF FACULTIES
The Provost and Dean of
Faculties, subject to the direction of the President, shall be
responsible for the administration of all academic activities of the
University and is charged with the academic leadership of the
faculty. He shall, subject to the provisions specified in Chapter II,
advise the President concerning the appointment and reappointment,
promotion and tenure of faculty. He shall, after reviewing
recommendations of Deans and/or Department Chairmen, make decisions
regarding sabbatical leaves, University research grants, salaries and
other contractual arrangements.
NB: In the interest of style, hereinafter the
masculine personal pronoun, he, will generically denote both male and
female gender.
SECTION 4. THE FINANCIAL VICE PRESIDENT
The Financial Vice President is the chief
financial officer responsible for oversight of all treasury,
controller, budget, purchasing, risk management and internal audit
functions of the University. His responsibilities shall include:
implementation of proper internal controls and financial systems
necessary to protect and safeguard the assets of the University;
development and monitoring of annual operating and capital budgets;
development of the long range financial plan; receipt, review, audit
and payment of all accounts, grants and contracts; control custody
and management of all assets and liabilities; compliance with
federal, state and local government regulations relating to the
financial management of the University; and other such duties as
assigned by the President. The Financial Vice President will ensure
that an annual audit of the books and records of the University is
performed and such results reported to the President and the Board of
Trustees.
SECTION 5. THE VICE PRESIDENT FOR STUDENT
AFFAIRS
The Vice President for Student Affairs,
subject to the direction of the President, shall be responsible for
activities and services, other than academic, affecting student life.
His responsibilities shall include the following: administration of
student services in health, housing, recreation, counseling and
placement and career guidance; administration of extracurricular
programs; promulgation of rules and regulations concerning the rights
and responsibilities of students; maintenance of University judicial
systems dealing with cases of non-academic discipline; and such other
duties and responsibilities which may be assigned by the
President.
SECTION 6. THE VICE PRESIDENT FOR UNIVERSITY
RELATIONS
The Vice President for University Relations,
subject to the direction of the President, shall be responsible for
development, public relations, alumni relations and such other duties
and responsibilities which may be assigned by the
President.
SECTION 7. THE SECRETARY OF THE
UNIVERSITY
The Secretary shall carry out those duties
and responsibilities specified in the Bylaws of the Trustees of
Boston College.
The Treasurer shall carry out those duties
and responsibilities specified in the Bylaws of the Trustees of
Boston College.
SECTION 9. OTHER VICE PRESIDENTS
Other vice presidents may be appointed by
the Trustees of Boston College.
Each Officer of the University, hereinbefore
mentioned, other than the President, shall be appointed for a term
not exceeding four years, and shall be eligible for reappointment,
until attain-ing the age specified by federal law at which mandatory
retirement may become effective. Appointment beyond that age shall
require the annual approval of the Board of Trustees.
SECTION 10. THE UNIVERSITY
LIBRARIAN
The University Librarian shall be appointed
by the President of the University and shall report to the Provost. He shall be responsible for the administrative and
financial management of University libraries. His responsibilities
shall include: staffing and maintenance of University libraries;
selection, acquisition, processing and servicing of new materials;
selection and disposition of materials to be deleted; and appointment
of librarians and other senior staff members of the various
University libraries.
SECTION 11. THE UNIVERSITY
CHAPLAIN
The University Chaplain shall be appointed
by the President to sponsor and direct activities and programs whose
aim is to promote the religious and spiritual growth and well-being
of the campus community. He shall coordinate and supervise the
religious and spiritual counseling of students and staff members,
provide for the liturgical needs of the community, and promote a
vital religious climate in the University. The University Chaplain
shall report to the President, or his designated representative, and
shall appoint chaplains with the President's approval.
SECTION 12. ACADEMIC DEANS AND ASSOCIATE
AND ASSISTANT DEANS
With the concurrence of the Trustees of
Boston College, the President shall appoint Academic Deans of the
Schools and Colleges of the University. In making such appointments,
the President shall consider the recommendation of the Provost and Dean of Faculties, who shall have consulted broadly
with the faculty members of the School or College to which the Dean
is to be assigned. While the term of appointment as Dean shall be
established in writing at the time of appointment, the Provost and Dean of Faculties shall conduct, in consultation with
the faculty, a more extensive performance review of the individual's
achievement after each five years of a Dean's incumbency.
As the chief executive officer of the School
or College in which he holds appointment, the Dean shall be
responsible to the Provost and Dean of Faculties for
the administration of all programs and activities within such School
or College. With the assistance of, and in consultation with the
faculty, the Dean shall be responsible for planning, developing,
coordinating and supervising curricula and programs. The Dean shall
supervise the staffing and operation of all offices of academic
administration within the School or College, and promote the academic
achievement and enrichment of the student body. The Dean shall
evaluate the teaching performance and professional achievements of
faculty members, and encourage the conditions necessary for faculty
excellence. The Dean, after consultation with appropriate faculty
and/or Chairmen, shall annually submit to the Provost
a proposed budget and administer all budgets assigned to the School
or College. The Dean, or his designee, shall preside at all regular
and special meetings of the faculty of the School or College. The
Dean shall appoint such faculty committees as may be appropriate. In
cooperation with appropriate faculty committees and, in Schools or
Colleges with departmental structure, with the recommendation of the
Chairmen of Departments, the Dean shall select and recommend
candidates for appointment to the faculty. Upon nomination by the
Dean, the Provost and Dean of Faculties may appoint
Associate and Assistant Deans. Associate and Assistant Deans shall
serve at the discretion of the Dean.
SECTION 13. OTHER PROFESSIONAL AND ADMINISTRATIVE OFFICIALS
The President shall have the power to
appoint such other administrative officials to serve the University
as he may deem necessary or convenient for the efficient management
of the business and affairs of the University in accordance with the
Bylaws of the Trustees of Boston College.
SECTION 14. DEPARTMENT CHAIRMEN
A Department is an administrative and fiscal
unit of one of the Schools or Colleges in an assigned discipline or
area of instruction and research, operating under the direction of a
Chairman. Those persons appointed to function within that area or
discipline, and who hold faculty rank as defined in these Statutes,
constitute its membership.
The Chairman shall normally be a faculty
member from the Department, appointed for a three-year term by the
Provost, subject to the approval of the President.
The Provost shall make such appointments after
consultation with the Dean and, in ordinary circumstances, after
nomination by majority vote of the faculty of the
Department.
The Chairman shall have responsibility for
the administration of all matters, academic or otherwise, assigned as
functions of the Department, including but not limited to: student
advisement and guidance; recruitment, development and evaluation of
departmental faculty members; the planning, coordination, supervision
and implementation of all courses and programs of instruction within
the Department's cognizance; and the conducting of appropriate
meetings and the filing of appropriate reports.
SECTION 15. FACULTY ROLE IN UNIVERSITY DECISION MAKING
The faculty of the University, as defined in
Chapter II, Section 1, shall share with the Officers of
administration responsibility for the effective operation of the
Departments, Schools and Colleges of the University. The faculty
shall play a role in decisions on the appointment and promotion of
members of the faculty and in the appointment of the President, the
Provost, Deans and Department Chairmen. The faculty
shall share in the formulation of academic policy and planning
decisions regarding their respective Department, School or College.
In so doing, they shall play an active role in decisions regarding
the development, revision and elimination of curricular offerings,
academic standards, methods of instruction and standards of
admission. Faculty members may make recommendations regarding
proposals concerning the creation, consolidation, or elimination of
departments, institutes or other academic or research units within
individual Colleges or Schools and regarding proposals directed to
the creation, consolidation or elimination of other major components
of the University. Faculty bodies or individuals who carry out these
responsibilities for particular policy and planning areas shall be,
to the extent feasible, provided with information, sufficiently in
advance of important decisions, to be able to cooperate effectively
with appropriate University officials in the discharge of these
functions.
The faculty consists of the President, the
Provost and Dean of Faculties, the University
Librarian, the Academic Deans, and those persons who hold contracts
of appointment in the ranks of Professor, Associate Professor,
Assistant Professor or Instructor. Visiting Professors are members of
the faculty during the terms of their appointments. Professors and
Associates Professors are senior members of the faculty; Assistant
Professors and Instructors are junior members of the
faculty.
The personnel practices and procedures set
forth in this Chapter, however, shall not apply to those
administrative officers named above in the conduct of their
administrative positions.
SECTION 2. ADJUNCT FACULTY; OTHER
INSTRUCTIONAL AND RESEARCH APPOINTMENTS
The adjunct faculty consists of those
persons holding instructional and/or research positions without
contract of appointment to the faculty, as set forth in Section 1.
This includes persons appointed on a part-time or short-term basis,
or for the duration of a training or research grant. Such
appointments shall be made by the Provost after
consultation with the appropriate Chairman and/or Dean, and may be
renewed.
Each adjunct faculty member shall have that
title and those rights and privileges, consistent with all the
provisions of the University Statutes, which are accorded by written
agreement.
Adjunct faculty appointments may be made
under the titles of adjunct professor, adjunct associate professor,
adjunct assistant professor, adjunct instructor, lecturer, special
lecturer, research professor, associate research professor, assistant
research professor, and research instructor. Prior to the renewal of
the term agreement of a full-time adjunct faculty member, the tenured
faculty of the Department or School shall review the performance and
status of the individual, and shall make their recommendation
concerning reappointment to the appropriate Chairman and/or
Dean.
Adjunct faculty possess rights and
privileges relating to academic freedom. They are not eligible for
tenure, nor are they eligible to vote on matters concerning
promotion.
SECTION 3. QUALIFICATIONS FOR FACULTY
RANK
The composition of the faculty determines
the academic excellence of Schools and Departments; furthermore, to a
large extent the identity of the University depends upon the faculty.
In faculty recruiting and promotion procedures, besides scholarly
competencies, Boston College seeks ethical and professional qualities
which are in keeping with the standards and goals of the University,
and the needs of particular Schools or Departments.
The specific professional qualifications for
the several faculty ranks are the following:
1. INSTRUCTOR: 2. ASSISTANT PROFESSOR: 3. ASSOCIATE PROFESSOR: 4. PROFESSOR: SECTION 4. TYPES OF FACULTY
APPOINTMENTS
A. Appointments to the faculty shall be of
three kinds: regular term appointments made for a specified period of
time; visiting appointments made for a specified period of time; and
appointments with tenure made without limitation of time.
B. TERM APPOINTMENTS
C. APPOINTMENTS WITH TENURE
B. In applying these standards, the
Promotion Committees, established in Section 8D of these Statutes,
shall form their evaluations as follows:
A. SCOPE OF APPLICATION
The Chairmen of Departments, where
applicable, and Deans, where applicable, shall ensure that the
following procedures are carried out:
The Chairman or Dean shall also arrange a
meeting of the tenured Professors. The tenured Professors shall
discuss and vote upon the question of recommendation for promotion of
each tenured Associate Professor and untenured Professor who is a
candidate for promotion. Prior to this meeting, the Chairman or Dean
shall have consulted with the Assistant and Associate Professors and
untenured faculty to determine their opinions and recommendations on
each candidate for promotion to be considered at this meeting. The
tenured Professors shall review the dossiers of all tenured Associate
Professors and untenured Professors who are candidates for promotion
along with the report of the students and the Chairman's or Dean's
written summary of judgments of the Assistant and Associate
Professors and untenured faculty. The tenured Professors shall take
into account all of the criteria mentioned above. All tenured
Professors shall be polled on each tenured Associate Professor and
untenured Professor who is a candidate for promotion.
By or about November 15, a record of the
results of these meetings, including the votes cast by individual
faculty members, shall be sent to the appropriate Promotion Committee
by the Chairman or Dean along with his recommendation on each
candidate and the records of the consultation with non-voting faculty
members and students.
2. The President shall communicate notice of
his decision to each faculty member who has been considered for
promotion and to the appropriate Dean and/or Chairman.
A. Faculty members have as their principal
responsibility the discovery, organization and communication of
knowledge. As members of the Boston College faculty, they have
responsibility for supporting the University's academic and human
values and for observing standards of professional relationship
consonant with those values. More specifically, the responsibilities
of the faculty shall include:
b. scholarly publication;
A. TERMINATION BY A FACULTY MEMBER
A faculty member shall notify the University
as early as possible of his determination not to renew a contract
without limitation of time. At a minimum, the faculty member shall
notify the University within 30 calendar days of being informed of
his appointment for the following year.
B. TERMINATION BY THE UNIVERSITY
Termination of an appointment with tenure or
of a term appointment prior to its expiration shall be effected by
the President for adequate cause as follows:
Where termination of appointment is based
upon financial exigency or upon bona fide discontinuance of a program
or Department of instruction, faculty members whose tenured or term
contracts will suffer foreshortening by at least 12 months shall be
given notice, or in lieu thereof, shall be given severance salary for
one academic year. Before terminating an appointment because of
discontinuance of a program or Department of instruction, the
University shall make serious efforts to place affected faculty
members in other suitable positions. When a tenured appointment is
terminated because of financial exigency or because of the
discontinuance of a program of instruction, the released tenured
faculty member's position shall not be filled by a replacement within
a period of two years, unless the released faculty member has been
offered reappointment and a reasonable time within which to accept or
decline it.
2. TERMINATION BY DISMISSAL
Unless it can prove cause for termination,
the University shall terminate neither the appointment of a tenured
faculty member, prior to his retirement, nor the appointment of a
faculty member, who is employed under a contract with limitation of
time, before expiration of that contract.
The only grounds upon which a termination
for cause may be based are as follows:
b. commission of a crime of violence or
moral turpitude;
c. misconduct which clearly demonstrates a
violation of the standards of behavior generally accepted in the
Boston College community and the levels of professional trust
required among the College's academic professionals;
d. abandonment or serious neglect of duties
of the academic profession including, without limitation, the duty to
maintain levels of skill and information and to provide courses of
instruction which meet the academic standards of the individual's
discipline.
1. When a faculty member is suspended the
President shall, if it is appropriate to the circumstances, assign
him to other appropriate duties.
2. When a faculty member is suspended, he
shall be paid his regular salary during the period of
suspension.
When a faculty member is suspended, and no
termination proceedings against him have been commenced by the
University, the faculty member and the University may agree to the
modification or suspension of the payment of regular
salary.
[Where limitation of time is specified, number of days refers to
University working days, unless otherwise noted.]
A. CLASSIFICATION OF PROCEDURES WHICH SHALL
BE EMPLOYED FOR VARYING TYPES OF CASES
2. The procedure set forth in Section 11C
shall apply to cases involving all other faculty grievances,
including cases of promotion not covered in Section 11B2.
b. No termination for cause shall take
effect until all internal appeals, which the faculty member wishes to
utilize, have been completed.
c. A faculty member wishing to appeal a
termination for cause shall request, within 10 days of receipt of
notice, an informal conference with the President.
If the matter is concluded by mutual consent
at this point, the President shall confirm the agreement, in writing,
to the faculty member setting forth the disposition agreed
upon.
d. If the matter is not resolved through the
conference method, the parties to the dispute may agree to a
submission of the controversy to one or more mutually acceptable
mediators chosen from within the University or from any outside
academic community. If the proposal of the mediator(s) is accepted by
both parties, the President shall confirm the disposition of the
case, in writing, to the faculty member.
e. If the faculty member is not satisfied
with the results of the informal methods of resolution set forth
above, he shall request, within 10 days and in writing, that the
President commence formal proceedings before the Faculty Hearing
Committee. Within 10 days of receipt of such a request, the President
shall notify the Chairman of the Faculty Hearing Committee that a
formal hearing shall be convened. The Chairman shall convene the
Faculty Hearing Committee at the earliest date convenient for all
parties.
f. At least 10 days prior to the date of the
first meeting of the Faculty Hearing Committee, the President shall
transmit to the Chairman, with a copy to the faculty member, a clear
and precise statement of the grounds for the University's decision to
dismiss the faculty member for cause.
g. At least 5 days prior to the date of the
first meeting of the Faculty Hearing Committee, the faculty member
shall transmit to the Chairman, with a copy to the President, an
answer to the President's statement setting forth a summary of his
grounds for appeal, together with the names of any members of the
Faculty Hearing Committee whom the faculty member wishes to challenge
for bias, prejudice or personal interest in the proceedings, and the
specific grounds for any such challenge.
If the Chairman is challenged, the Committee
shall elect a member not so challenged to act in his place in
determining the sufficiency of the challenge.
(2) If the Chairman finds the challenge
sufficient he shall appoint the appropriate alternate member from the
same School or College, or if that is impossible, another alternate
member to replace the challenged member.
The University shall bear the burden of
proving that the cause stated for termination exists.
i. The Faculty Hearing Committee shall
consider the evidence and shall render its judgment, in writing, as
promptly as possible to the President and faculty member,
recommending those actions which the Committee believes appropriate
in view of its findings. The written judgment shall include the
reasons for rejecting any substantial arguments or evidence
introduced by the parties.
j. If the President or the faculty member is
dissatisfied with the judgment of the Committee, either may request,
within 30 calendar days after receipt of the opinion of the
Committee, a review by the Board of Trustees.
(2) The Board of Trustees may, in its
review, consider the full record of hearings, and shall in its
discretion permit the authorized representative of the President and
the counsel for the faculty member to present oral and written
arguments.
(3) If the judgment of the Committee is
sustained, the action shall be final as to all parties.
(4) If the Board of Trustees disagrees with
the judgment of the Committee, it shall return it, specifically
noting its objections. The Committee shall reconsider its judgment,
taking account of the stated objections and receiving new evidence as
it determines is necessary. It shall then make its final judgment,
and send it to the President who shall forward it to the Board of
Trustees. The Board of Trustees shall review the Committee's
reconsideration and make its final decision sustaining or overruling
the Committee.
b. If the faculty member is not satisfied
with the decision of the President, after the foregoing procedure has
been completed, he may deliver to the President a written request
that the case be placed before the Faculty Review Panel. Such a
request shall be made not later than 10 days after the receipt of the
President's decision on reconsideration. Upon receipt of a request
that a case be placed before the Faculty Review Panel, the President
shall notify the Chairman of the Panel of the pendency of the case
and request the Chairman to convene a Faculty Review
Committee.
c. The Chairman of the Faculty Review Panel
shall, within 10 days of notification by the President of the
pendency of the case, communicate in writing to the faculty member
the names of the Chairman and other members of the Faculty Review
Committee which will consider the case, and a date, no more than 15
days later, when that Committee will hold its first meeting with the
faculty member.
d. Not later than 10 days prior to the date
of the first meeting of the Faculty Review Committee, the faculty
member shall submit to the Chairman of that Committee and the
President a clear and precise statement of his claim of violation of
rights as well as a description of the facts underlying those
claims.
e. At the same time, the faculty member
shall submit to the Chairman the names of any members of the Review
Committee whom the faculty member wishes to challenge for bias,
prejudice or personal involvement in the proceeding.
If the Chairman is challenged, the Committee
shall elect a member not so challenged to act in his place in
determining the sufficiency of the challenges.
(2) If the Chairman finds the challenge
sufficient, he shall request that the Chairman of the Faculty Review
Panel appoint an alternate member of the Panel to the Faculty Review
Committee.
g. After investigation, the Review Committee
shall, normally within 30 calendar days of its first meeting with the
faculty member, either:
(2) dismiss the case.
(2) bias against the faculty
member;
(3) violations of academic
freedom.
j. If the Review Committee concludes that
the case should be dismissed, it shall issue a report to the faculty
member, the Promotion Committee and the President, stating the
reasons for its rejection of the faculty member's claim or
claims.
k. The issuance of such a report, pursuant
to paragraphs 2i or 2j above, shall end the jurisdiction of the
Review Panel and the Review Committee over the case.
l. Invocation by the faculty member of the
procedures set out in this Section shall not, in itself, serve to
modify the date of termination.
2. The petition shall set forth the reasons
why the faculty member believes that his grievance did not receive
adequate consideration, was rejected for arbitrary or improper
reasons, or was not handled according to University policies and
procedures.
3. The Grievance Committee shall conduct an
investigation of the claims of violation made by the faculty member,
and shall decide whether or not the allegations merit a detailed
investigation. Where appropriate, the Committee may conduct
interviews to determine facts under such procedures as it may adopt.
In cases of grievance regarding promotion, it shall, to the extent it
deems necessary, have access to all persons who have participated in
the promotions process.
4. The Grievance Committee shall determine
whether the decision of the appropriate faculty body or
administrative officer was the result of adequate consideration, in
terms of relevant standards of the University, with the understanding
that the Committee shall not substitute its judgment on the merits
for that of the faculty body or administrative officer.
5. After this deliberation, the Faculty
Grievance Committee shall either:
b. issue a written dismissal of the
case.
7. The Committee shall re-open the case and
forward a report and recommendation to the President, when, upon a
new petition of the aggrieved faculty member, the Committee concludes
that its determination was not implemented adequately.
A. FACULTY HEARING COMMITTEE
2. The Faculty Hearing Committee shall be a
committee of eleven members and eleven alternates. One member and one
alternate each shall be elected by the faculties of the School of
Education, the Law School, the School of Management, the School of
Nursing, and the Graduate School of Social Work. Six members and six
alternates shall be elected by the faculty of the College of Arts and
Sciences.
3. Members shall be elected by the faculty,
as that term is defined by Section 1, except for visiting faculty, in
each School from among the tenured faculty of the School or College,
in accordance with the election procedures of the School or
College.
4. Members and alternates of the Faculty
Hearing Committee shall be elected to one-year terms in time to begin
their service on January 1 of each year. However, where a case
extends into a new calendar year, such terms will continue until the
completion of the case.
5. The Chairman of the Faculty Hearing
Committee shall be elected by and from among the members of the
Committee.
6. Proceedings before the Faculty Hearing
Committee shall be conducted in conformity with the following
requirements.
b. Faculty members presenting cases to the
Committee may be represented by counsel, and may have the advice and
assistance of an academic advisor.
c. The Committee may request persons who are
members of the University faculty, administration, staff or students
to appear before it as witnesses. The Committee shall assist a
faculty member to obtain the appearance of such witnesses.
d. Either party to a proceeding before the
Committee may submit documentary or physical evidence and testimony
of witnesses. The Committee shall require the parties to restrict
their cases to the issues raised in the initial statement and the
answer thereto. The Committee may rule on the relevance of evidence
offered or sought by either party.
e. The Committee shall consider only the
evidence before it. Both parties or their representatives shall be
present during the presentation of evidence and no testimony or
documents shall be received unless the party against whom it is
submitted is permitted an opportunity to review it and present
evidence to contradict it. These proceedings shall not be bound by
the rules of evidence. The faculty member or his counsel, and the
President, his representative or his counsel, shall have the right,
within reasonable limits set by the Committee, to question all
witnesses who testify at any hearing. The Committee may question any
witnesses and may call witnesses of its own. It may suggest to either
party that additional evidence is necessary to prove particular
points.
f. A verbatim record, at least electronic,
of the proceedings before the Committee shall be taken and a copy
provided by the University to the faculty member.
g. These proceedings shall be kept
confidential. They shall also be closed to the press and
public.
2. Each member shall be elected to the
Review Panel for a three-year term in time to begin service on
January 1 of the year following election. After initial elections,
terms shall be staggered, so that three members shall be elected each
year.
3. The Chairman of the Faculty Review Panel
shall be elected by and from among the members of the
Panel.
4. Normally, the Chairman shall divide the
Faculty Review Panel into three Faculty Review Committees each with
three members. As cases for Review Committee consideration are
received by the Chairman, he shall assign each to a Review Committee.
In assigning cases, the Chairman should consider the value to be
accorded to experience in the administration of the review process,
as well as the work burdens placed on members.
5. Where circumstances suggest, such as
illness or incapacity of a member, or a successful challenge by a
petitioner to the impartiality of a member, the Chairman of the
Faculty Review Panel may assign a member of one Review Committee to
serve on a different Committee for the consideration of a particular
case.
6. In each case, the Faculty Review
Committee shall select its own Chairman.
7. Each Faculty Review Committee shall
conduct its proceedings informally, subject to any rules of procedure
consistent with these Statutes, which it may choose to
adopt.
8. All proceedings involving a Faculty
Review Committee shall be kept confidential. Proceedings shall be
closed to the press and public.
9. In matters in which an issue of law
arises, the Faculty Review Committee may seek the advice of
independent legal counsel.
Members and alternates of the Faculty
Grievance Committee shall be elected for two year staggered terms.
Elections shall be held in order that terms of service may begin on
January 1 of each year.
2. The Chairman of the Faculty Grievance
Committee shall be elected by and from among the members of the
Committee.
3. The Faculty Grievance Committee shall
conduct its proceedings informally, subject to any rules of procedure
consistent with these Statutes, which it may choose to
adopt.
4. All proceedings involving the Faculty
Grievance Committee shall be kept confidential. Proceedings shall be
closed to the press and public.
An appointment without limitation of time
shall automatically terminate at the end of the academic year during
which the faculty member attains retirement age. The retirement age
for members of the faculty shall coincide with the threshold age at
which retirement may be made mandatory by any federal or state law.
For purposes of this Section, the academic year shall be deemed to
begin on September 1 and to end on August 31 of the succeeding
year.
A member of the faculty who has reached
retirement age, may, after consultation with the appropriate
Chairman, department senior faculty and Dean, and the Provost, be retained on the faculty at the discretion of the
President on such terms and conditions as may be agreed upon by them
and by such member.
Terms of the University's policies on
sabbatical leaves, faculty benefits and privileges, and emeritus
status shall be found in the University's
Faculty
Handbook.
To qualify for the rank of Instructor, the
candidate must have, as a minimum, the master's degree or its
equivalent and plans for the proximate completion of the doctoral
degree or its equivalent, and give promise of achievement as both
teacher and scholar.
To qualify for the rank of Assistant
Professor, the candidate must possess the doctoral degree or its
equivalent and give promise of, or have demonstrated, achievement as
both teacher and scholar.
To qualify for promotion to the rank of
Associate Professor, the candidate must have the qualifications for
Assistant Professor and also must have demonstrated excellence in
teaching, in recognized research and scholarly publications (or
creative productions relevant to the discipline), and have a
satisfactory record of University service, as elaborated in Section
7.
To qualify for promotion to the rank of
Professor, the candidate must have the qualifications for Associate
Professor and must also, in an assessment of teaching, recognized
research and scholarly publications (or creative productions relevant
to the discipline), and University service, as elaborated in Section
7, have demonstrated achievement that in the overall is
distinguished.
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