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Terms of Reference (Council approved) - Academic Board

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Section 1 - Overview

(1) The Academic Board is established under Section 15 of the University of New England Act 1993 (NSW) (UNE Act) and Part 5 of the University of New England By-law 2005 (NSW) (UNE By-law).

(2) The provisions of this document take effect as a Council Rule made under Section 29 of the UNE Act. 

(3) This Rule prescribes the following:

  1. the members and observers of the Academic Board (Section 19 of the UNE By-law), and the members' method of election and term of appointment;
  2. the method of election and term of office of the members of the Academic Board Executive, and their functions (Section 20 of the UNE By-law);
  3. the functions of the Academic Board (Section 21 and 22 of the UNE By-law);
  4. the terms of reference for Committees established by the Academic Board (Section 23 of the UNE By-law); and
  5. other matters in connection with the Academic Board and its functions.

(4) The delegation of Council powers to the Academic Board under this document are actions authorised under Section 17 of the UNE Act.

Objectives

(5) The objectives of this Rule are to:

  1. constitute and empower the Academic Board to carry out the functions prescribed by the UNE By-law and this Rule; and
  2. define the role of the Academic Board as a governance body for academic matters.
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Section 2 - Membership

Member

(6) Under this Rule the Academic Board will have the following members:

  1. Academic Board Executive
    1. Chair
    2. Two (2) Deputy Chairs
  2. Ex officio members
    1. Vice-Chancellor and Chief Executive Officer (VC&CEO);
    2. Deputy Vice-Chancellor (DVC);
    3. Deputy Vice-Chancellor Research (DVCR);
    4. Pro Vice-Chancellor Indigenous (PVCI);
    5. Executive Principal Education Futures (EP Ed Futures);
    6. Executive Principal Student Journey (EPSJ);
    7. Executive Director Future Students, Engagement and Technology (EDFSET);
    8. Executive Dean of each Faculty (Exec Dean);
    9. Director Oorala Aboriginal Centre;
    10. Chairs of Committees of Academic Board; and
    11. Chair of the UNE Student Council (or nominee).
  3. Elected members
    1. Two (2) representatives of Levels D or E academic staff from each of the Faculties, and who are not a Deputy Dean or Associate Dean;
    2. Two (2) representatives of Levels B or C academic staff from each of the Faculties, and who are not a Deputy Dean or Associate Dean;
    3. Three (3) representatives of level E academic staff, from different Faculties, and who are not a Deputy Dean or Associate Dean;
    4. Two (2) undergraduate Current Students and two (2) postgraduate Current Students comprising representation of on-campus and off-campus students and coursework and higher degree by research students; and
    5. Two (2) representatives of Levels HEO6 to HEO10 professional staff.
  4. Co-opted members - Up to four (4) members of the University’s staff and students may be co-opted to the Academic Board by the Academic Board Executive to meet diversity and other representation objectives and/or for additional expertise.

Observers

(7) The following are recognised Observers under Section 19(2) of the UNE By-law:

  1. Director Governance and University Secretary (DGUS), or delegate;
  2. members of the Senior Executive who are not ex-officio members of Academic Board; and
  3. any other person invited by the Chair.

Diversity representative objective

(8) The objective will be to ensure, so far as is practicable, that the membership of the committee considers diversity representation in accordance with UNE policies. 

Election procedure for elected members

(9) Elections for Academic Board membership, other than to fill a casual vacancy, will be held annually in March/ April with elected members terms of membership commencing mid-year. Whenever possible, elections will be rotated to ensure that there is a balance between continuity and renewal of the elected membership. The rotation is determined by the Director Governance and University Secretary, who will annually notify the Board for the following three years.

(10) Elected representatives employed on fixed-term contracts must have sufficient service remaining to fulfil their period of office.

(11) Elections of Academic Board members are conducted by the Returning Officer (appointed by the Director Governance and University Secretary) by secret ballot as determined by the Standing Orders of Academic Board and Committees.

Automatic vacancy of an elected representative

(12) An elected position becomes vacant automatically if:

  1. the member is absent without prior leave from the Chair from three consecutive Academic Board meetings, or
  2. the member loses their original qualification for election. In the case of promotion the elected position may be retained until the end of their term.

Temporary replacement of elected members

(13) Where an elected member is granted leave of absence by the University (e.g. special studies program), or is otherwise unable to attend meetings due to conflicting duties, for up to one year, the Academic Board Executive has authority to arrange for the temporary vacancy on Academic Board to be filled for the duration of the leave of absence by secondment from the appropriate constituency and ratified at the next Board meeting after the vacancy has occurred. The temporary replacement representative shall have full voting rights.

Temporary substitution of elected members

(14) Where an elected member is absent from a particular Academic Board meeting, the absentee may nominate a substitute to attend the meeting on the absentee's behalf. The nominee shall have observer rights for the meeting attended. The Secretary to the Academic Board must be notified of the nomination by the elected member before the meeting at which substitution is sought.

Casual vacancy of elected representatives

(15) Where an elected member resigns from the University, is granted leave of absence by the University (e.g. special studies program) or is otherwise unable to attend meetings for more than one year, or ceases to be an elected representative for any other reason, the casual vacancy will be filled for the remaining term by election according to the provisions of Clause 10. The new representative shall have full voting rights.

Term of office

Ex officio members

(16) The ex officio members will be Academic Board members while they hold their primary office.

Elected members

(17) The tenure of the Chair and Deputy Chair is two (2) years, which is to commence and end on the day of a board meeting.

(18) Elected Academic Board staff members' tenure is three (3) years.

(19) Elected Academic Board student members' tenure is two (2) years.

Co-opted members

(20) Members co-opted under Clause 6.e shall have tenure for one (1) year, renewable to a maximum of three (3) years.

Chair 

(21) Academic Board will be chaired by the Chair of Academic Board, or in their abscence, one of the two Deputy Chairs.

Diversity representation objectives

(22) The objective will be to ensure, so far as practicable, that the membership of the Committee considers diversity in accordance with UNE policies. 

Duties of Academic Board members

(23) All Academic Board members must carry out their board functions according to the duties as set out in Schedule 2A of the UNE Act. These are:

  1. duty to act in the best interests of the University;
  2. duty to exercise care and diligence;
  3. duty not to improperly use position;
  4. duty not to improperly use information; and
  5. disclosure of material interests.

(24) Academic Board members must comply with relevant policies of the University, including:

  1. UNE Governance, Integrity and Standards Policy
  2. Conflicts of Interest Policy.
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Section 3 - Academic Board Functions

(25) Under Section 21 of the UNE By-law, the Academic Board must report to Council and advise the Council and the VC&CEO on all developments and initiatives relating to and affecting the University’s teaching and research activities and its educational programs. Academic Board has delegated authority from Council to perform on behalf of Council the functions set out in these Terms of Reference. 

(26) Academic Board oversees academic governance at UNE. Academic Board is the link between the University’s internal quality assurance arrangements and the accountability of the Council for the quality of the higher education the University offers and for meeting the requirements of the Higher Education Standards Framework

Functions

(27) Academic Board will:

  1. exercise academic governance of UNE on behalf of Councilthrough institutional oversight;
  2. provide leadership in academic governance and quality at an institutional level;
  3. provide academic oversight of the quality of teaching, learning, research and research training;
  4. set and monitor institutional benchmarks for academic quality and outcomes;
  5. provide advice to Council and management on academic matters, including advice on academic outcomes, policies and practices.
  6. review and endorse academic policies and monitor their effectiveness;
  7. monitor and report on academic risk;
  8. ensure students have opportunities to participate in academic governance.
  9. Academic Board will exercise its academic governance functions in all areas of benchmarking and quality assurance, including in relation to:
    1. student participation and attainment, encompassing admission, credit and recognition of prior learning, orientation and progression, learning outcomes and assessment, qualifications and certification;
    2. learning environment, encompassing facilities and infrastructure, diversity and equity, wellbeing and safety, student grievances and complaints;
    3. teaching, encompassing course, design, staffing, learning resources and educational support;
    4. research and research training;
    5. institutional quality assurance, encompassing course approval and accreditation, academic and research integrity, course monitoring, review and delivery with other parties; and
    6. representation, information and information management encompassing representation of course offerings, information for prospective and current students and information management.

(28) Academic oversight assures the quality of teaching, learning, research and research training effectively, including by:

  1. developing, monitoring and reviewing academic policies and their effectiveness;
  2. confirming that delegations of academic authority are implemented;
  3. critically scrutinising, approving and accrediting or advising on approving and accrediting, courses of study and their associated qualifications;
  4. maintaining oversight of academic and research integrity, including monitoring of potential risks;
  5. monitoring and initiating action to improve performance against institutional benchmarks for academic quality and outcomes;
  6. critically evaluating the quality and effectiveness of educational innovations or proposals for innovations;
  7. evaluating the effectiveness of institutional monitoring, review and improvement of academic activities; and
  8. monitoring and reporting to the corporate governing body on the quality of teaching, learning, research and research training.

(29) In exercising its functions, Academic Board will consider the University’s objects, Strategic Plans and Values as well as academic and emerging risks.

(30) Academic Board and its committees are authorised to seek information from the University through the VC&CEO to meet the Board's functions.

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Section 4 - Academic Board Executive

Members

(31) The members of the Academic Board Executive are prescribed by Section 20 of the UNE By-law and are:

  1. Chair of Academic Board
  2. Two Deputy Chairs of Academic Board.

Election of Academic Board Executive

(32) The Chair of Academic Board and the two Deputy Chairs are elected by the Academic Board from among the elected Academic Board members who are Professors or Associate Professors. A Deputy Chair may stand for Chair.

(33) The election of the Chair will be held every second year in March. The Chair-elect will assume office in April.

(34) The election of one Deputy Chair will be held each year at the first Academic Board meeting of the calendar year and will assume office immediately upon election.

(35) Once elected, the Chair and Deputy Chairs remain Academic Board members for the duration of their terms of office (provided they remain University employees) irrespective of any changes after election to the status that originally entitled them to Academic Board membership. Exceptions to this Clause are if the Chair or a Deputy Chair is appointed as a member of the Executive (other than on a temporary ‘acting’ basis), in which case their role as Chair or Deputy Chair will cease.

Term limitation of the Chair

(36) The office of Chair or Deputy Chair of the Academic Board may not be held by one person for more than three consecutive terms. However, this limit shall not apply to a Deputy Chair who is elected as the Chair, who may serve a maximum of three consecutive terms in either or both offices.

Chair's responsibilities

(37) The Chair is the University academic spokesperson to the VC&CEO and to the Council, and represents the academic community as an ex officio member on the Council and on Committees of the University Senior Executive as the VC&CEO determines.

(38) The Academic Board may empower the Chair to act on its behalf on routine matters.

Deputising for Chair and Deputy Chair

(39) If the Chair is unavailable or unable to act for a period of time, then the Chair must appoint one of the Deputy Chairs of Academic Board to act as Chair.

(40) The Chair must appoint from the elected members of the Academic Board:

  1. an acting Chair when the Chair and both Deputy Chairs are absent;
  2. an acting Deputy Chair when both Deputy Chairs are absent.

(41) If the office of Chair is vacant, or the Chair does not appoint one of the Deputy Chairs to act as Chair, then the Chancellor must appoint one of the Deputy Chairs to act as Chair.

Temporary vacancy through the Special Studies Program

(42) Where the Chair or Deputy Chair is absent for up to six (6) months on Special Studies Program leave, the Chair will be replaced for this period by a Deputy Chair. Similarly, a Deputy Chair will be replaced for the same period by a temporary Deputy Chair elected from among the elected membership of the Academic Board by secret ballot.

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Section 5 - Elected Academic Board Members' Role

Elected Academic Board members

(43) In addition to the duties of all Academic Board members listed under Clause 23 and 24, elected members are required to:

  1. engage in the Academic Board as representatives of the University community and act always in the best interests of the University as a whole, with this obligation to be observed in priority to any duty a member may owe to those electing them;
  2. exercise their own judgement in Academic Board discussions and decisions rather than present exclusively the views and recommendations of their constituencies; and
  3. facilitate communication between the Academic Board and the academic community.
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Section 6 - Academic Board Committees

(44) Under Section 23 of the UNE By-law, Academic Board may establish such committees as it considers necessary to carry out its business and may establish terms of reference for such committees. 

(45) Academic Board has established the following committees, which report to Academic Board:

  1. Standing Committee of Academic Board

    1. The terms of reference for the Standing Committee of Academic Board are set out in the Annex of this Rule.
    2. Standing Committee of Academic Board, on behalf of Academic Board, deals with matters of an urgent nature. 

  2. Teaching and Learning Committee

    1. The terms of reference for Teaching and Learning Committee are set out in a separate University Rule.
    2. Teaching and Learning Committee will focus on the academic governance of teaching and learning at the University.

  3. Research Committee

    1. The terms of reference for Research Committee are set out in a separate University Rule.
    2. Research Committee will focus on the academic governance of research and research training at the University.

  4. Curriculum Committee

    1. The terms of reference for Curriculum Committee are set out in a separate University Rule.
    2. Curriculum Committee will focus on the academic governance of the following aspects of the University’s curricula:
      1. the overall composition and profile of the University’s courses;
      2. the establishment and disestablishment of courses at the University; and
      3. significant changes to courses, including gradual changes over time.
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Section 7 - Conduct of Academic Board Business

Reporting to Council

(46) The Chair of Academic Board will report to Council regularly on the business conducted by the Academic Board, including in an annual report of the Board’s performance of its functions.

Meetings

(47) The Academic Board will meet bimonthly, or otherwise as required in order to perform its functions. Academic Board members should be given at least seven days' notice of a meeting, or such shorter notice period as is practicable where the matter is urgent.

Flying minutes

(48) In exceptional circumstances, Academic Board may pass a resolution by 'flying minute' provided that the resolution has been approved by a simple majority of the Academic Board members at the time the resolution is made. A request for a flying minute must include an outline of the exceptional circumstances within the report. 

Confirmation of minutes

(49) Draft minutes will be prepared by the Secretariat after each meeting and will be provided to the Chair for endorsement. The Chair endorsed minutes are ten to be presented at the next meeting for confirmation by the Academic Board. If members request changes to the Chair endorsed minutes, they are to provide these changes in writing to the Secretariat after the meeting. If changes have been requested, the minutes will be resubmitted to the following Academic Board meeting for confirmation by the Academic Board. 

Self-review

(50) Once in every twelve month period, Academic Board shall devote part of one meeting to the review of its policies, practices and procedures over the preceding twelve months.

Secretary to Academic Board

(51) The University Secretariat will provide secretarial and administrative support to Academic Board.

Standing Orders

(52) Academic Board may make standing orders relating to the  conduct of its meetings and business generally. To the extent of any inconsistencies between these Terms of Reference and the Standing Orders – Academic Board and Committees, these Terms of Reference prevail.

(53) This document does not override or otherwise affect:

  1. the UNE Delegations Framework Rule; or
  2. the Vice-Chancellor Functions Rule.
  3. However, it operates as a delegation of certain authorities that have been retained by Council.