Contract Academic Instructors and Contract Academic Librarians

Regulations and Procedures

AUTHORITY

Under S. 30(4), “the respective Senates may prescribe rules and regulations, not inconsistent with this Act, to regulate the time and manner of election, eligibility and terms of office” of faculty members and librarians.

The following resolution has been approved by the Saint John Senate on 26 May 2009 and the Board of Governors on 27 May 2009:

 “That Senate recommend an amendment to the University of New Brunswick Act to provide for the election of: one representative elected by and from the part-time instructors and librarians on the Saint John campus to Saint John Senate; and, pending the amendment to the Act, in this regard, that the Senate extend the privileges of the floor, including the right to participate in debate, but not the right to vote, to interim representatives of part time instructors and librarians.”

INTERPRETATION

a)  “contract academic instructor” means a person employed by the university on the Saint John campus in contractual part-time teaching in a for-credit course and who otherwise, does not hold an academic appointment at the University of New Brunswick at the rank of lecturer, nurse clinician, instructor, senior instructor, senior teaching associate, *research associate, senior research associate, assistant professor, associate professor or professor.

b) “contract academic librarian” means any librarian employed on a part-time basis on the Saint John campus.

c) “member” means a member elected to and serving on Senate as a contract academic  instructor and/or contract academic librarian within the meaning of the Act and these regulations.

d) “S” stands for Section of the Act. [Sections of the Act are numbered in accordance with proposed 1986 Amendments.]

e) “Secretary” means the Secretary of Senate or Senate designate on the appropriate campus.

f) “leave” includes all forms of leave granted by the University, for which contract academic instructors and contract academic librarians are eligible.

NOTE: Research Associates does not include Honorary Research Associates.

ELIGIBILITY

    a) Those eligible for nomination include a) any contract academic instructor and b) any contract academic librarian.  A contract academic instructor is eligible for nomination providing that person has, within the twelve months preceding the date prescribed for the close of nominations, taught at least one course, and who intends to teach at least one course in the twelve months following the date prescribed for the commencement of office.  A contract academic librarian is eligible for nomination providing that person is employed on a part-time basis on the Saint John campus.

    A contract academic instructor or contract academic librarian on leave is eligible for nomination only if the leave will expire before the date prescribed for the commencement of office.

    b) Those persons eligible to vote in an election include: a) contract academic instructors who in the twelve months preceding the date of election have taught at least one course on the Saint John campus; and b) contract academic librarians who are employed on a part-time basis on the Saint John campus.

    c) A contract academic instructor or contract academic librarian on leave may vote by the means prescribed by the Secretary, but no special time or communication provision shall be made to accommodate special circumstance.

    PROCEDURES FOR THE ELECTION OF CONTRACT ACADEMIC INSTRUCTORS AND CONTRACT ACADEMIC LIBRARIANS

    a) An election shall be held within four months prior to the normal date for the commencement of the term of office set out elsewhere in these regulations and not later than the fifteenth day of May previous to that date.  Should any seat become vacant prior to the end of the term of office, an election shall be held under these regulations at the earliest date practical.

    b) The Secretary shall conduct all elections and shall report the results of the election to Senate at the next meeting following the election.

    c) The Secretary shall, in every year in which an election is to take place, provide for an alphabetical list, to be called the “Contract Academic Instructor and Contract Academic Librarian Election Register,” of the names and addresses (departmental or e-mail) of the contract academic instructors and  contract academic librarians who are entitled to vote at an election, and the Contract Academic Instructor and Contract Academic Librarian Election Register shall be open for inspection at all reasonable hours by all contract academic instructors and contract academic librarians.

    d) The call for nominations to fill a vacancy shall be issued at least two weeks before the closing date for nominations.

    e) Candidates shall be given 48 hours after the closing of nominations to withdraw their names from nomination.

    f) The call for nominations shall be sent by e-mail or campus mail to all contract academic instructors and contract academic librarians, and the notice shall include: eligibility for candidates and voters; method of nominations; closing date for nominations; term of office; number of positions vacant (See Appendix A).

    g) The nominations shall be in writing, addressed to the Secretary; shall be signed by five or more eligible voters; and shall include the signed consent of the nominee (See Appendix A).

    h) Voting shall be by secret ballot, conducted electronically or by campus mail.

    i)    1. Electronic Balloting

                In the event the Secretary elects to conduct voting by electronic ballot, the following procedures shall apply:

    • Balloting will be conducted electronically using access provided through the My UNB e-Services portal.

    • Electronic balloting will commence on a date determined by the Secretary and communicated by e-mail to eligible voters.  The closing date for electronic balloting shall be a minimum of ten (10) calendar days following the commencement date as determined by the Secretary.

    • Only eligible voters will be able to access the electronic ballot.  Eligible voters unable to access the ballot should contact the Saint John Senate Office at sjsenate@unbsj.ca.

    • In electronic balloting, verification of the voters eligible to cast ballots is part of the process for casting a ballot.  Separate verification is not required.

    • Candidates will be listed in alphabetical order by surname.

    • Detailed voting instructions will be provided as part of the electronic ballot.

    • A voter may select up to the maximum number of candidates allowed, as identified on the electronic ballot.

    • A voter may change his or her vote at will until the ballot is formally cast.

    • A voter may choose not to vote at this point and return to the process at another time.

    • Once the voter has decided for whom to vote, selecting the Acast ballot@ button will take the voter to a summary screen at which point the voter will be asked to confirm their vote. Once the “confirm” button has been selected, no further changes to the vote can be made, and the ballot will be considered to have been cast.

    • If the voter chooses not to select any candidate(s) a message will indicate that proceeding without selecting a candidate will result in a spoiled ballot.  A spoiled ballot will then be recorded if the ‘spoil my ballot’ button is selected.  If the voter selects more than the maximum number allowed, a message will indicate that the ballot as marked is invalid and ask the voter to return to the ballot.

    • Once the ballot has been cast, it will not be possible to discard or change the ballot.

    • A second ballot will not be available under any circumstances.

    • Electronic balloting provides for automatic counting of the votes cast for each candidate.  The Senate Office will receive a confidential report of the results which will be shared with the candidates and then, subject to k) below, made public.

    2.  Mail Ballot

    • The ballots, covering instructions and return envelopes shall be sent by campus mail to all eligible voters at least two weeks before the closing date of the vote, and may be returned by campus or regular mail, or by hand.

    • The ballots and the covering instructions shall be as outlined in Appendix B.

    • On an application made by a qualified voter before the close of the vote, the Secretary shall provide a substitute set of the papers to a qualified voter who makes an application on the ground

    - that the ballot papers have not been received;

    - that ballot papers have been inadvertently lost or destroyed.

    • A candidate may appoint an eligible voter as a scrutineer at the count and determination of the vote.

    • The counting of ballots and determination of the vote shall be conducted by the Secretary with the assistance of at least three eligible voters.

    • The Secretary, in consultation with the scrutineers, shall reject

    i) all ballot envelopes:

    - that have not been supplied by the Secretary;

    - that are unsigned;

    - that have been returned by persons not eligible to vote on the date of the close of the vote or not eligible to vote at the office of the return;

    - that are unsealed.

    ii) all inner ballot envelopes:

    - that bear any writing or mark by which the voter can be identified;

    - that, on being opened, are found to contain two or more ballots.

    iii) all ballots:

    - that have not been marked for any candidate or have been marked for, or    bear the name of, a person who is not a duly nominated candidate;

    - that have been marked for more than the designated number of duly nominated candidates;

    - upon which there is any writing or mark by which the voter may be identified.

    j)          In the event of only one candidate being nominated, or of only so many candidates being nominated as are required to be elected to Senate, such candidate or candidates shall be deemed to be elected by acclamation.

    k)         In the event of more candidates being nominated than are required to be elected to Senate, the candidates, to the number required, receiving the highest number of votes shall be deemed elected and, in the event of an equality of votes between candidates with respect to the last candidate required to be elected, or between candidates when only one is to be elected, Senate shall cast the deciding vote.

    TERM OF OFFICE

    a) The term of office of a member elected normally shall commence on the first day of July following the election and shall continue for a period of two years from and inclusive of that date.

    b) A member shall remain in office until a successor is elected, and a member, except as expressly provided by the electing body, if otherwise qualified, is eligible for re-election.

    c) When a member refuses to act, becomes incapable of acting, or fails to attend six consecutive meetings of Senate, the seat on Senate shall ipso facto become vacant.

    d) When a member accepts a leave of absence, the seat on Senate shall ipso facto become vacant on the date fixed for the commencement of the leave if the leave is to extend for a period of over six months, provided that the seat shall not be vacated if the leave is not taken up on that date or on a subsequent date.

    e) When a member ceases to be a member of the electing body, the seat shall ipso facto become vacant.

    f) In the case of a vacancy in Senate caused by death, resignation or any other cause which happens before the term of office for which a member has been elected has expired, there shall be an election as soon as is practical.

    g) When a vacancy on Senate occurs from any cause in respect of an elected contract academic instructor or contract academic librarian, the vacancy shall be filled by election in accordance with these Regulations, within three months of the vacancy occurring and such additional period as may be required to place the election within the regular academic year (i.e. September to May): the member elected shall assume office from the date of election and shall hold office from that date and for a period of two years from and inclusive of the first day of July closest to the election date.