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Academic Senate Membership Rules

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Section 1 - Purpose of Rules

(1) These rules set out the eligibility requirements for membership of the University’s academic governance committees, including the conduct of elections for Academic Senate and its standing committees.

(2) These rules should be read in conjunction with the Terms of Reference for Academic Senate and each of its standing committees, which set out provisions for ex-officio, elected, nominated and appointed membership.

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Section 2 - Application and Scope

(3) These rules apply to the University’s academic governance committees.

(4) These rules do not apply to faculty governance committees, however, where elections are held for faculty committees, the principles listed under Section 5 are expected to be observed.

(5) These rules do not apply to the University Council whose functions, composition and electoral rules are set out in the University of Wollongong Act 1989 and By-laws.

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Section 3 - All Elections

General Principles

(6) Elections will

  1.  be fair and transparent;
  2. provide for an appropriate diversity of representation.

(7) Elections will be conducted:

  1. in the manner set out in these rules;
  2. using a secret ballot;
  3. where possible, electronically or otherwise, using an alternative mechanism which is consistent with the principles stated in this policy. 

(8) Persons eligible to vote will be encouraged to vote but will not be obliged to do so.

(9) University staff and students participating in elections must comply with the University’s rules, policies and procedures.

Appointment of Returning Officer

(10) The Academic Governance and Standards Division will oversee all elections conducted under this policy, under the direction of the Returning Officer.

(11) The Returning Officer:

  1. is the Director, Academic Governance and Standards or their nominee;
  2. may appoint administrative staff to conduct any aspect of the election process; and
  3. will approve the electronic ballot software or other mechanism to manage elections.

(12) The Returning Officer and any staff administering any part of the election process are ineligible to vote, nominate a candidate or stand for election as a candidate for election.

(13) Any determination made by the Returning Officer under this policy will be final.

Academic Staff Eligibility to Vote and be Elected 

(14) Academic staff elect academic staff members from within their own constituent group. This means:

  1. academic staff members of faculties are eligible to elect staff members from their own faculty;
  2. academic staff members at a classification level (e.g. Level A-B) are eligible to elect staff members to represent that group.

(15) Permanent and fixed-term academic staff are eligible to vote and be elected.

(16) Casual academic staff members are not eligible to vote or be elected.

(17) Affiliates or honoraries are not eligible to vote or be elected.

(18) A staff member who is not on the electoral roll at the time the electoral roll is generated for a particular election is not eligible to vote or stand as a candidate in that election, even if their employment status changes during the period the election is conducted.

(19) A staff member who already holds office in another capacity on the same academic governance committee may not be elected or further appointed to it.

Student Eligibility to Vote and be Elected

(20) A student must be currently enrolled in an award course at the University to:

  1. be on the electoral roll;
  2. vote; or
  3. be elected.

(21) Where such positions are specified:

  1. undergraduate students elect undergraduate student members;
  2. postgraduate students elect postgraduate student members;
  3. onshore international students elected onshore international student members;
  4. higher degree by research students elect higher degree by research student members.

(22) Where the elected position is not specified as an undergraduate, postgraduate or higher degree by research position, all students are eligible to vote unless they are prohibited by this policy.

(23) A student who does not appear on the electoral roll at the time the electoral roll is generated is not eligible to vote or stand as a candidate in that election, even if their enrolment status changes during the period the election is conducted.

(24) A student who holds office in another capacity on the same governing body may not be elected or further appointed to it.

Electoral Rolls

(25) Before issuing a notice of an election, the Returning Officer will determine the applicable electoral rolls based on:

  1. the University’s electronic records; and
  2. information provided by the People and Culture Division.

(26) An electoral roll will not be invalidated because of any error, omission, or mistaken entry.

(27) The Returning Officer will, in their absolute discretion, determine any queries or disputes about the eligibility of any person to be included on any electoral roll.

Timing of Elections

(28) Elections and the associated notice period will take place during semester time (normally between March and November).

(29) Elections will take place to align with the completion of the previous terms of office.

Notice of Election and Nominations

(30) The Returning Officer will:

  1. determine the dates on which an election will be held; and
  2. at least 15 working days before voting commences:
    1. issue the notice of election to each member of the relevant electorate; and
    2. invite nominations from potential candidates.

(31) The notice must contain the following information:

  1. details of the number and categories of positions to be filled;
  2. the eligibility requirements for candidature;
  3. the terms of office;
  4. the date by which nominations must be received (which must be at least 10 working days after the date of the notice of election);
  5. the dates on which voting will open and close;
  6. the method by which voting will be conducted;
  7. an electronic link to the nomination form; and
  8. references and links to relevant policies and procedures.

(32) Nominees must submit their nomination form to the Returning Officer by the date specified on the notice of election, which will be at least three working days prior to voting commencing.

(33) The Returning Officer may deem a nominee ineligible for election if they submit a nomination form:

  1. that is improper or incomplete; or
  2. after the date for submission specified on the notice of election.

(34) A candidate may withdraw their nomination at any time.

Conduct of Ballot 

(35) If upon the close of nominations, the number of eligible candidates:

  1. does not exceed the number of positions to be filled, the Returning Officer will declare such candidate or candidates elected; or
  2. exceeds the number of positions to be filled, the Returning Officer will run an election using an electronic ballot.

(36) The Returning Officer will conduct the ballots secretly using approved electronic software.

(37) The order in which candidates’ names appear on the ballot for the election will be determined by an electronic randomiser.

(38) The Returning Officer will send electronic notifcation of the ballot to each member of the relevant electorate containing:

  1. instructions for:
    1. accessing the electronic ballot;
    2. using the electronic software;
    3. voting; and
    4. returning the ballot;
  2. the positions for which the ballot will be conducted;
  3. the date and time by which votes may be cast; and
  4. any other information which the Returning Officer deems appropriate.

(39) The Returning Officer must:

  1.  specify a date for the close of ballot; and
  2. provide voters with at least 10 working days to record a vote before the close of ballot.

(40) To cast a formal vote, voters:

  1. must only vote once;
  2. must lodge their ballot in the manner as specified before the close of ballot;
  3. must place a cross or tick against a candidate’s name, or if more than one position is to be filled, against the names of each candidate up to the number of persons to be elected.

(41) Voters must not vote on behalf of any other voter or allow another person to vote on their behalf.

(42) The Returning Officer may arrange for reasonable assistance to be provided to a voter if satisfied that the voter is unable to vote without it.

(43) The voting records for all elections conducted in accordance with this Policy will be kept in safe custody by the Returning Officer for a period of at least six months after the election, after which time they may be destroyed.

Declaration of Results 

(44) After the close of ballot and on the appointed date, the Returning Officer will count all formally recorded votes and will ensure that the secrecy and integrity of the ballot is maintained.

(45) The Returning Officer will declare as elected the candidate(s) who received the highest number of votes.

(46) Where there is an equality of votes for an available position, the person to be elected to the position will be determined by lot by the Returning Officer.

(47) If requested by the candidate, the Returning Officer will provide relevant information to an appointed scrutineer to confirm the integrity of the voting process.

(48) The Returning Officer will provide the Executive Officer of Academic Senate or the relevant Committee with a copy of the declaration of results within seven calendar days of the poll.

Scrutineers

(49) In every election conducted in accordance with these rules, each candidate is entitled to nominate a scrutineer to monitor the process for the counting of votes and any determination by lot.

Election Not Invalidated by Certain Errors

(50) An election conducted under these rules is not invalid only because:

  1. the name of a person who is entitled to be on a roll kept under these Rules is omitted from the roll; or
  2. an eligible voter did not receive a voting form or did not see or (where applicable) receive a notice of election; or
  3. some other kind of procedural irregularity occurs, which, in the opinion of the Returning Officer, is minor and does not prejudice the fairness of the election process.
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Section 4 - Election Of the Chair of the Academic Senate and Chairs of the Academic Senate Standing Committees

(51) The election for the position of a Chair will be held and finalised at least one month before the commencement of the Chair’s term of office.

(52) All current members of the University’s professoriate (Level D or above) are eligible to stand for election with the exception of members of the Senior Executive, those in central academic leadership roles and Faculty Executive Deans.

(53) The call for nominations will set out clear selection criteria, including the need for previous governance experience and how that will be assessed.

(54) All current members of the Committee are eligible to vote for the Chair of that Committee. This includes all elected members, all ex-officio members, all student members and all nominee members.

(55) The notice of election, nomination process, conduct of ballot and declaration of results will follow the provisions as set out under clauses 30-48 above.

(56) A Chair is eligible for re-election, provided that no person may serve as Chair for more than three, full consecutive terms.

(57) If the office of Chair becomes vacant on or after the last six months of the Chair’s term, the vacancy will be filled by the Deputy Chair.

(58) If the office of Chair becomes vacant before the last six months of the Chair’s term, a new Chair will be elected as soon as possible, by the electorate specified in clause 52.

(59) A Committee can indicate a loss of confidence in their Chair through a vote of no confidence. If a two-thirds majority of the membership support the no confidence vote, the Chair will be declared vacant.

(60) In the event of a no confidence vote, the Deputy Chair will serve as Chair until such time as a new Chair is elected. The replacement of the Chair will be subject to clauses 55 and 56.

(61) A Chair whose term has been cut short by a vote of no confidence is not eligible to stand for election to chair an academic governance committee for a period of three years.

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Section 5 - Election of the Deputy Chair of the Academic Sentate

(62) The election for the position of Deputy Chair of the Academic Senate will be held and finalised at least one month before the commencement of a new Deputy Chair’s term of office and will be held in the alternate year to the election for the Chair’s position.

(63) Any current member of Academic Senate is eligible to stand for Deputy Chair of Academic Senate, with the exception of the Chair of Academic Senate.

(64) All current members of the Academic Senate are eligible to vote for the Deputy Chair of Academic Senate. This includes all elected members, all ex-officio members, all student members and all nominee members.

(65) The notice of election, nomination process, conduct of ballot and declaration of results will follow the provisions as set out under clauses 30-48 above.

(66) A Deputy Chair is eligible for re-election, provided that no person may serve as Deputy Chair for more than three, full consecutive terms.

(67) If the office of Deputy Chair of the Academic Senate becomes vacant on or after the last six months of the Deputy Chair’s term, the vacancy will be filled by an elected member of Academic Senate appointed by the Academic Senate Chairs Committee.

(68) If the office of Deputy Chair of the Academic Senate becomes vacant before the last six months of the Deputy Chair’s term, a new Deputy Chair will be elected as soon as possible, by the electorate specified in clause 62.

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Section 6 - Nominated and Appointed Positions

(69) The process for determining the successful candidate for nominated positions on Academic Senate and its Standing Committees is set out in the respective terms of reference for each committee.

(70) Selection will be based on consideration of an expression of interest from eligible candidates, which is a brief statement outlining the person’s suitability for the position.

(71) The Chair of each committee may nominate up to two additional members to serve on their committee to address any representational gaps, to ensure a diversity of perspectives, or to provide particular expertise.

(72) The final decision on the selection of nominated and appointed members will be made by the Academic Senate Chairs Committee.

(73) Nominated and appointed members have full membership rights.

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Section 7 - Term of Office and Filling Casual Vacancies

(74) An ex-officio member occupies a position on a committee by virtue of their official position within the University and serves for the time they occupy their ex-officio role.

(75) Unless prescribed in the relevant Terms of Reference, an elected, nominated or appointed member will serve a two-year term and may serve up to a maximum of three consecutive terms.

(76) A vacancy will occur when a member:

  1. resigns their position at the University;
  2. ceases to be qualified for their position (with the exception of an elected faculty academic staff member who has moved up a classification level); 
  3. takes a period of leave of absence greater than six months’ duration; or
  4. resigns from their membership in writing to the Executive Officer.

(77) A vacancy may also be declared if an elected member is absent from three consecutive meetings of Academic Senate/Senate Committee and that person has not been granted a leave of absence or has not submitted an apology for any one of those meetings.

(78) If a casual vacancy occurs in the first six months of an elected member’s term, the candidate with the next highest number of votes in the election will be appointed as a replacement.

(79) If a casual vacancy occurs at any point after the first six months of an elected member’s term, a replacement will be appointed:

  1. for academic staff positions, by the Academic Senate Chairs Committee or recommendation from the relevant Executive Dean;
  2. for student positions, by the Academic Senate Chairs Committee on recommendation from the Dean of Students.

(80) Members appointed to fill casual vacancies must be eligible members of the same electorate as the former member.

(81) In the event of a vacancy in the office of a nominated member, another individual in that category can be nominated by the usual process.

(82) A member who fills a casual vacancy will hold office until completion of the former member’s elected term.