Code of Procedure for the Academic Senate of the Second Faculty of Medicine of Charles University

Validity: 2 June 2017
Effective from: 2 June 2017 (continues)

 

CODE OF PROCEDURE FOR THE ACADEMIC SENATE OF THE SECOND FACULTY OF MEDICINE OF CHARLES UNIVERSITY

Under section 27 (1) (b) of Act No. 111/1998 Sb., to regulate higher education institutions and to change and amend other laws (“the Higher Education Act”), as amended, the Academic Senate of the Second Faculty of Medicine has adopted the following Code of Procedure for the Academic Senate of the Second Faculty of Medicine of Charles University as its internal regulation:

PART I

Meetings of the Academic Senate

Article 1
Introductory Provisions
*

  1. The Code of Procedure governs the details of meetings of the Academic Senate of the Second Faculty of Medicine of Charles University („the Senate“).
  2. The powers of the Senate are determined by the Higher Education Act, the internal regulations of Charles University („the University“), and the internal regulations of the Second Faculty of Medicine („the Faculty“).

Article 2
Board of the Senate

  1. The first meeting of the Senate in the new term of office is convened by the President of the Senate; this meeting is chaired by the oldest member of the newly elected Senate.
  2. Each chamber of the Senate elects from among its members two representatives to the Board of the Senate (“the Board”) at the first meeting. The term of office of Board members lasts until a new Board is elected; this applies also when a Board member who continues to be a member of the Academic Community did not run as a candidate or was not elected to the Senate.  
  3. At its first meeting, the Senate elects the President of the Senate from among the members of the Board elected by the academic staff chamber. The Vice-President is elected from among the members of the Board elected by the student chamber.
  4. If a position of a Board member falls vacant for any reason, the election of a new Board member is held at the next Senate meeting.
  5. The responsibilities of the Board are as follows:
    1. to determine the schedule for and programme of the meetings of the Senate;
    2. to propose the agenda of individual meetings;
    3. to prepare or provide background documents for the meetings of the Senate;
    4. to convene meetings of the Senate;
    5. to ensure that the minutes of Senate meetings, including resolutions, are published; and
    6. to ensure that the tasks resulting from the Senate resolutions are fulfilled.
  6. The Board meets if need be. Meetings of the Board usually precede Senate meetings or follow them.
  7. Information on the Board meeting and its findings are presented by the President or a Board member designated by him at the next meeting of the Senate.
  8. With the exception of decisions under section 27 (1) of the Higher Education Act, the Senate may authorise the Board to make preliminary decisions in the period from 1 July to 30 September, or in specially justified cases outside of this period, on matters  which otherwise fall within the scope of powers of the Senate.
  9. Preliminary decisions made by the Board under paragraph 8 are subject to approval of the Senate at its next meeting.

Article 3
Meetings of the Senate

  1. With the exception of holidays, the Board convenes the Senate every month as a rule, but at least twice a semester. The Board has a duty to convene the Senate if at least one third of Senators or the Dean so request in writing.
  2. The agenda of the meeting is determined by the Board. The invitation to the meeting must be delivered to the members of the Senate at least seven days in advance. In exceptional situations the invitation may be delivered at shorter notice.
  3. If the members of the Senate are unable to participate at the Senate meeting for serious reasons, they have a duty to submit an excuse to the President in advance. All absent members are considered excused at an extraordinary meeting.
  4. The meetings of the Senate are chaired by a chairperson (“the Chair”) which is usually the President of the Senate.
  5. At the beginning of every meeting the Chair appoints two scrutineers, with the approval of the Senate, who count votes. The results of the voting are a part of the minutes of the meetings.
  6. Individual items on the agenda are usually considered on the basis of written background documents. These documents are presented to the Board by the mover who requests that they be considered no later than 48 hours before the date of the Senate meeting; this time limit does not apply to extraordinary meetings and to issues mentioned in section 27 (3) of the Higher Education Act. The written background documents are made accessible, without delay, to the members of the Senate. A printed copy of the background documents must be available in the Office of the Senate.
  7. An item on the agenda may be considered without the written background documents upon approval of the Board, or during the course of the meeting upon approval of the Senate. If, at any time during the meeting, the Senate resolves that it will not consider the matter without written background documents, the relevant item is removed from the agenda.
  8. An item on the agenda will be introduced by the mover, by a member of the Board, or by a member of a commission of the Senate.
  9. If, at any time during the meeting, the Senate resolves that the background documents are inadequate, it will refrain from further consideration of the relevant item on the agenda.
  10. The background documents relevant for the appointments and dismissals of members of the Research Board of the Faculty are presented to the Senate and justified by the Dean. The background documents relevant for the appointment of members of the Research Board include brief profiles of the nominees, focusing mainly on their research activities. The Senate votes on such motion by secret ballot, every motion is put to the vote separately.
  11. Meetings of the Senate are open to the public.
  12. Every item on the agenda is debated. Members of the Senate, the Dean, the Vice-Dean and the Secretary to the Faculty, the Rector, and the Vice-Rector may participate in the debate. Other persons may participate in the debate upon approval of the Senate.
  13. The Senate may resolve to limit the length of a contribution, which may not be shorter than five minutes.
  14. A member of the senate has the right to make an observation in response to the debate. He will be given the floor immediately after the person speaking has finished. The observation must be made within two minutes.
  15. The members of the Senate may present amendments to the motions contained in the relevant background documents or presented in the introductory speech.
  16. At the end of the debate the floor is given to the author or the mover if he claims it.
  17. No one may be interrupted by anyone whilst speaking in the debate. Exceptionally, the Chair is entitled to direct the speaker to discontinue speaking:
    1. if the speaker, despite prior warning, has not spoken to the point discussed, or
    2. if the speaker has exceeded the limit of the contribution length under paragraph 13, or the time limit under paragraph 14.
  18. An objection may be raised against the decision of the Chair, and the objection will be decided upon by the Senate without delay.

Article 4
Resolution

  1. The Senate makes decisions by resolutions.  
  2. The Senate has a quorum if a majority of all its members are present unless otherwise provided.
  3. A resolution is adopted if an absolute majority of the persons present voted in its favour. Resolutions regarding section 27 (1) of the Higher Education Act require approval from an absolute majority of all members of the Senate. A motion to dismiss the Dean is adopted if at least two thirds of all members of the Senate voted in its favour.

Article 5
Minutes

  1. Minutes of all meetings of the Senate are to be taken by the secretary of the Senate appointed by the Senate. The minutes are approved and signed by the Chair or a member of the Board designated by him.
  2. The minutes of a meeting usually involve the following items:
    1. the date and hour of the start of the meeting;
    2. the names of members of the Senate present and absent, distinguishing those who were excused and those who were not;
    3. the relevant content of individual items on the agenda; and
    4. resolutions passed and the results of voting.
  3. The Secretary of the Senate sends the minutes of the Senate meetings regularly to all members of the Senate and to the bodies of academic self-governance of the Faculty. The Academic Community of the Faculty is informed by publishing the minutes in the publicly accessible part of the Faculty website.

Article 6
Voting

  1. Members of the senate vote jointly.
  2. The voting of the Senate is public unless otherwise provided by this Code.  
  3. Resolutions on nominations for the Dean or his dismissal, Senate approval of the appointment or dismissal of members of the Research Board of the Faculty, approval of the appointment or dismissal of members of the Disciplinary Board of the Faculty, the Senate’s opinion on the Dean’s nominations for Vice-Deans or a Secretary and their dismissal, election of members of the Board, the Chair, or Vice-Chair of the Senate are always decided by secret ballot. The Senate makes resolutions by secret ballot always if a member of the Senate so proposes.
  4. The Senate may make resolutions on procedural matters by tacit consent; in such case the results of the voting are not recorded in the minutes of the meeting. Procedural matters are voted on and the result of the voting is recorded in the minutes if a member of the Senate asks for it.
  5. Unless otherwise provided, members of the Senate vote by raising their hand and the votes are counted or, if necessary, recounted.  
  6. The Chair determines, in advance, the manner of expressing an opinion on the ballot paper in the case of secret ballot. Marking the ballot paper in a different way renders the vote invalid.
  7. Scrutineers count the ballot papers and issue a report on the results of the secret ballot.
  8. The report on the results of a secret ballot contains the subject matter of the vote, the number of members of the Senate present, the number of those absent, the number of votes cast, and the number of valid (in favour of the motion – against the motion – abstentions) and invalid votes.

Article 7
Consideration and Voting Outside the Meeting

  1. Pressing matters and motions subject to the opinion of the Senate for the debate of which it is not possible or practical to convene a meeting of the Senate may be sent to the members of the Senate by the Board for consideration outside the meeting. A vote outside the meeting is not possible on issues related to decisions made under section 27 (1) of the Higher Education Act.
  2. The announcement of a vote and the text of the motion are sent to the members of the Senate via closed electronic conference. The announcement indicates the time limit for consideration and voting, which may not be shorter than three working days from the dispatch.
  3. Voting is public. Each member’s vote is valid only if its text is unequivocal (in favour of the motion – against the motion – I abstain).
  4. A motion considered outside the meeting is deemed approved if the absolute majority of all members of the Senate voted in its favour.
  5. This manner of considering and voting may not be used in order to decide a matter that should be decided by secret ballot. Likewise, this manner of considering and voting may not be used if at least three members of the Senate indicated their disagreement within the time limit set for voting.
  6. The record about voting outside the meeting is to be approved by the Senate at the next regular meeting. The record must include a list of the names of the members of the Senate with an indication of how they voted.

Article 8
Advisory Bodies

  1. The Senate and the Board may establish permanent and provisional advisory bodies.  
  2. Members of an advisory body elect a Chair from among their ranks.
  3. Upon agreement, the Senate may establish a joint advisory body with other bodies of academic self-governance.   

PART II

Election of a Candidate for Dean

Article 9

Preparation of Election

  1. The Senate sets the date for the election of a candidate for Dean no later than 45 days before the end of the term of office of the previous Dean. The Senate also sets a reasonable time limit for submitting nominations. Such time limit may not be shorter than 30 days. The date of election and the time limit for submitting nominations is published in the publicly accessible part of the Faculty website.
  2. The Senate establishes an Organisation Commission from among its members (“the Commission”). The Commission has at least three members. Members of the Commission must always include at least one student and one member of the academic staff. The member of the Commission may not be nominated for Dean. The Commission chooses a Chair from among its members. The Commission arranges the preparation of the election.  
  3. Every member of the Academic Community has a right to submit a nomination for Dean. Nominations are submitted to the Commission. The Chair of the Commission calls on the nominee to send a written approval of his nomination, a CV, and his platform.  These documents must be delivered to the Commission no later than ten working days after the expiration of the time limit for submitting nominations, otherwise the nomination will not be considered.  
  4. The list of nominees including the materials submitted by them is published in the publicly accessible part of the Faculty website.
  5. The Commission convenes an assembly of the Academic Community where the nominees introduce their platforms and answer the questions of the members of the Academic Community. This assembly of the Academic Community is held no later than seven days before the date of the election. The Academic Community assembly is presided over by the Commission Chair.

Article 10

Election

  1. The election is held on the set date.
  2. The Commission prepares ballot papers for the members of the Senate, supervises the course of the election and assesses and announces its result.
  3. Each member of the Senate marks no more than one nominee on the ballot paper, otherwise his vote will be invalid.
  4. The candidate for whom voted an absolute majority of all members of the Senate is elected.
  5. The President of the Senate submits a motion to appoint the elected candidate as Dean to the Rectory without delay. The result of the election is published in the publicly accessible part of the Faculty website.

Article 11

Further Rounds of Election

  1. If none of the candidates is elected, a run-off will be held immediately between the two nominees who obtained the highest number of votes and all those candidates who have equally obtained the second highest number of votes.
  2. If none of the candidates who were voted for in the run-off obtains the majority of votes of all members of the Senate, the Senate will suspend the consideration of the matter and pass a resolution on the date of the third round of the election.
  3. A third election round, in which the same candidates as in the second round are voted for, is held on a set date. If none of the candidates who were voted on in the third round obtains the majority of votes of all members of the Senate, a fourth round will be held immediately. 
  4. The two nominees who obtained the highest number of votes in the third round and all those candidates who have equally obtained the second highest number of votes proceed to the fourth round.
  5. If no candidate for Dean is elected in the fourth round, the Senate terminates the election and passes a resolution how to proceed in the matter.

PART III

Motion to Dismiss the Dean

Article 12

  1. A motion to the Rector to dismiss the Dean may be submitted to the Senate by its member.
  2. The motion is passed if at least three-fifths of all members of the Senate voted for it.[1]
  3. If the motion is passed, the President of the Senate submits it to the Rector. The Senate resolution on the motion to dismiss the Dean is published in the publicly accessible part of the Faculty website without delay.

PART IV

Final Provisions

Article 13

  1. Parts I, III, and IV of the Code of Electoral Procedure and the Code of Procedure of the Academic Senate of the Second Faculty of Medicine of Charles University approved by the Academic Senate of Charles University on 10 October 2008 are hereby repealed.

2.      This Code comes into force on the date of its approval by the Academic Senate of the University.[2]

3.      This Code becomes effective on the date of its approval by the Academic Senate of the University.

 

The Academic Senate of the Faculty approved this Code on ………………………………

The Academic Senate of the University approved this Code on ……………………………

 

          Doc. MUDr. Ondřej Hrušák, Ph.D.                      Prof. MUDr. Vladimír Komárek, CSc.
         President of the Academic Senate                                            Dean
     of the Second Faculty of Medicine of CU             of the Second Faculty of Medicine of CU

                                            PhDr. Tomáš Nigrin, Ph.D.
                                  President of the Academic Senate of CU

 

* Translator’s note: Words importing the masculine include the feminine, and unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular.

 

[1]S. 27 (4) of the Higher Education Act.

[2]S. 9 (1) (b) of the Higher Education Act.

Published: 13. 6. 2017 / Last update: 26. 9. 2019 / Responsible person: Mgr. Petr Andreas, Ph.D.