Code of Electoral Procedure for the Academic Senate ****************************************************************************************** * ****************************************************************************************** Under section 36 (2) of Act No. 111/1998 Sb., to regulate higher education institutions an amend other laws (“the Higher Education Act”), the Ministry of Education, Youth and Sports Code of Electoral Procedure for the Academic Senate under ref. n. MSMT-38196/2016 on 14 De ……………………………..                                                                                       Gondková                                                                           Director of Department ****************************************************************************************** * Code of Electoral Procedure for the Academic Senate of 14 December 2016 ****************************************************************************************** under sections 9 (1) (b) and 17 (1) (k) of Act No. 111/1998 Sb., to regulate higher educat and to change and amend other laws (“the Higher Education Act”), as amended, the Academic University adopted the following Code of Electoral Procedure for the Academic Senate as it regulation. ****************************************************************************************** * Article 1 Election Groups ****************************************************************************************** 1.For the purposes of the elections, members of the Academic Senate of Charles University are divided into three groups. 2.The first group comprises members of the Senate elected at the Faculty of Medicine in Pl Faculty of Pharmacy in Hradec Králové, at the Protestant Theological Faculty, at the Fac Sciences, at the Faculty of Natural Sciences, at the Faculty of Humanities, and at other Charles University (“the University”). 3.The second group comprises members of the Senate elected at the Faculty of Medicine in H at the Second Faculty of Medicine, at the Hussite Theological Faculty, at the Faculty of Faculty of Law, and at the Faculty of Mathematics and Physics. 4.The third group comprises members of the Senate elected at the Third Faculty of Medicine Faculty of Medicine, at the Catholic Theological Faculty, at the Faculty of Education, a Faculty of Physical Education and Sports. 5.The term of office of Senate members from the second group begins one year later and the of Senate members from the third group two years later than the term of office of Senate the first group. ****************************************************************************************** * Article 2 Calling Elections ****************************************************************************************** 1.Elections to the relevant group of the Senate take place in November. The elections will the Board of the Academic Senate by the end of September. Should the Board of the Academ to do so, the elections will be called by the Rector. 2.At the faculty where, in compliance with its internal regulations, elections to the facu senate can be carried out in part or in whole electronically via a computer network, it possible, based on a resolution of the faculty's academic senate, to carry out elections Senate of Charles University in the same way. It must be ensured that conditions under t Education Act are met. The resolution referred to in the first sentence, along with a do technical details of the organization, progress, and security of such elections, must be the Main Election Committee. Possible objections by members of the faculty's academic co to the faculty's academic senate and to the Main Election Committee. The Main Election C give its opinion on the conditions of the elections within thirty days of the receipt of of the senate. The election can only be carried out electronically with the consent of t Committee. 3.The specific date and venue or venues of the elections will be determined by the faculty senate so that the elections are held on at least two and not more than four consecutive instruction at the faculty, and in a manner which makes it possible to vote at each desi for the period of at least four hours each day. In the case of elections held at other u University, the given decision will be made by the Board of the Senate; elections are he 4.The resolution to call elections is published without delay in the publicly accessible s University website and in the publicly accessible section of the web site of the faculti The data referred to in paragraph 3 must be published in the publicly accessible section faculty's website, and in the case of elections at other units of the University in the accessible section of the University website, no later than 21 days before the first day election. ****************************************************************************************** * Article 3 Lists ****************************************************************************************** 1.No later than 15 days before the first day of the election, the dean’s office of the fac prepare and submit to the chairperson of the faculty's academic senate: a.a list of students who are members of the academic community of the faculty, b.a list of the academic staff who are affiliated with the faculty. 2.No later than 15 days before the day of the election, the Rector’s Office will prepare a academic staff who are affiliated with other units of the University and will submit it Senate Secretary (“the Senate Secretary”). ****************************************************************************************** * Article 4 Election Committee ****************************************************************************************** 1.The Main Election Committee and Sectional Election Committees are established. A Section Committee is established for each faculty. There is one Sectional Election Committee est other units of the University. 2.The Chairperson, the Vice-Chairperson, and other five members of the Main Election Commi appointed by the Senate on the proposal of the Board of the Senate from among the member academic community of the University for four years. No one can be appointed for more th consecutive terms. Each member of the Main Election Committee must exercise the right to elections for the Senate at another faculty or at other units of the University. 3.The Chairperson and other members, or substitutes for the members, of the Sectional Elec at a faculty are appointed and dismissed by the faculty's academic senate; the number of determined according to the number of venues at which the voting takes place so that at members of the Sectional Election Committee are present at any venue any time. The Secti Committee for other units of the University is appointed by the Board of the Academic Se 4.If a member of the Election Committee accepts candidacy in an election, his membership i Committee terminates. Membership also terminates as a result of the resignation or the t membership in the academic community of the University. A new member must be appointed i fill the vacancy. 5.The Main Election Committee is entitled to check the activities of Sectional Election Co upon an application by a voter, the Main Election Committee will immediately carry out a necessary extent. The check is performed by authorized members of the Main Election Comm ****************************************************************************************** * Article 5 Candidates ****************************************************************************************** 1.A member of the academic staff or student who is a member of the academic community of t concerned, and in the case of other units a member of the academic staff who is affiliat them, may be nominated candidates. 2.Any member of the academic community of the relevant faculty, or a member of the academi affiliated with another unit, may propose candidates. 3.Unless the faculty's academic senate or the Board of the Academic Senate of the Universi otherwise, written nominations must be submitted to the authorized members of the releva Election Committee no later than one week before the first day of the election. Nominati later will not be taken into consideration. 4.A nominated person must express consent with the candidacy either in writing (hard copy) electronically; a Sectional Election Committee will require the candidate’s statement. 5.Pre-election assemblies may be held at faculties and other units. A pre-election assembl held on the day of an election. ****************************************************************************************** * Article 6 Lists of Candidates, Ballot Papers, and Other Acts to Prepare Elections ****************************************************************************************** 1.A Sectional Election Committee will publish lists of candidates no later than two days b day of the election. A list of candidates includes the list of names of either candidate students or candidates from among the academic staff. Further details may be set out by academic senate or, as the case may be, by the Board of the Academic Senate of Universit 2.A Sectional Election Committee will arrange for the printing of ballot papers through th of the relevant faculty or through the Rector’s Office. Data on ballot papers must liste that individual candidates cannot be confused. The ballot paper must be made in such a w can be done simply, usually by putting a cross next to or circling pre-printed names. 3.The Sectional Election Committee will check and seal ballot boxes into which the votes a ****************************************************************************************** * Article 7 Course of Elections ****************************************************************************************** 1.In the polling station or other places reserved for elections, there must be a possibili ballot papers so that secret ballot is preserved. 2.A voter will prove his identity to the members of the Sectional Election Committee prese 3.Upon completion of acts under paragraph 2, voters from among students will obtain a ball the election of students, and voters from among the academic staff will obtain a ballot election of academic staff. 4.Each voter may cast only one vote. 5.A voter will not mark more than two candidates on the ballot paper; should more candidat should there be any uncertainty with respect to the marking, the vote is invalid. ****************************************************************************************** * Article 8 Election Results ****************************************************************************************** 1.The results of the election are ascertained by the Sectional Election Committee. The ass results will be carried out no later than on the day following the last day of the elect 2.Two candidates from among the members of academic staff and two candidates from among th receive the highest number of votes are elected. If there is an equal number of votes fo third places, or for further places relevant for the election of a candidate, a decision elected will be made by drawing lots. Drawing will be carried out by a Sectional Electio 3.The chairperson of the Sectional Election Committee, or a designated member thereof, wil ascertained results to the Main Election Committee without delay. A specimen of the repo and results of the elections is set out by the Main Election Committee. 4.The ascertained results are published in the publicly accessible section of the Universi in the publicly accessible sections of the websites of the faculties concerned. 5.A voter may file a complaint against the preparation, progress, and results of the elect Main Election Committee no later than eight days from the date of publication of the ele The complaint must be in writing and must state reasons. The Main Election Committee wil validity of the election within 21 days of the date on which it received the notificatio complaint, pursuant to s. 3. 6.The fact that the candidate has been validly elected will be announced by the Chairman o Election Committee, or by a designated member thereof, at the first session of the Acade University held after 1 February. A written certificate is delivered to the selected mem ****************************************************************************************** * Article 9 Re-done Elections ****************************************************************************************** 1.Elections are re-done when there was a mistake that may have affected the person who was If there has been such a mistake as to the order of substitutes, it is consecutively pre substitutes who ranked in the position where the mistake occurred and in the subsequent not been elected. 2.Elections cannot be re-done on the grounds given in paragraph 1 if a member of the Senat obtained a written certificate of having been elected. 3.A decision on repeat elections is made by the Main Election Committee or a Sectional Ele the Sectional Election Committee will notify the Main Election Committee of its decision delay. 4.The provisions on elections apply to re-do elections with the necessary modifications. ****************************************************************************************** * Article 10 Impediment to Membership in the Senate ****************************************************************************************** The performance of an office which is incompatible with membership in the Senate under the Act or under the Constitution of the University is an impediment to membership in the Sena ****************************************************************************************** * Article 11 Cessation of the Membership in the Senate ****************************************************************************************** 1.Membership in the Senate terminates: a.upon the expiration of the term of office, or b.prior to the expiration of the term of office: 1.along with the termination of membership in a respective academic community by which person was elected, unless the University internal regulations provide otherwise; 2.on the day on which a written statement in which the member resigns his membership o delivered to the President of the Senate; 3.in connection with the procedure under Article 5 (10) of the Constitution of the Uni 4.if the Code of Procedure for the Academic Senate of Charles University allows so, al that a member is deprived of the mandate by vote of the Senate. 2.If the membership in the Senate terminates in accordance with paragraph 1 (b), the vacan is filled by a substitute member for the remainder of the term of office. ****************************************************************************************** * Article 12 Substitutes ****************************************************************************************** 1.Candidates who have not been elected will be substitute members for the term of office i succession according to the number of votes they obtained. This does not apply if a cand less than 10% of votes of the voters from the relevant faculty, or, as the case may be, who turned out for the elections. 2.The provisions contained in the second sentence of Article 8 (2) and Article10 apply wit modifications. 3.A substitute is called to become a member by the Main Election Committee at the invitati President of the Senate. Article 8 (6) applies with the necessary modifications. 4.A substitute may refuse the call in writing if he does so without delay. In such a case a substitute member and another substitute member will be called to become a member of t the last substitute member in succession refuses the call, the procedure under Article 1 5.A member of the Senate who has resigned his mandate may state in his written resignation to remain a substitute member. 6.A member of the Senate who was elected as a student and who has duly completed a Bachelo of study and applied for enrolment into the subsequent Master’s programme of study at th or who has duly completed the Master's programme of study and applied for enrolment in a program at the same faculty, may declare in writing that he intends to remain a substitu statement must be delivered within 7 days of the date of completion of the study to the of the faculty’s academic senate, who will immediately submit it to the Board of the Sen case the first substitute in succession will be called to the Senate only after the enro applicant for study, or the following substitute member in succession will be called to after the legal effect of a decision on non-admission of the applicant to the study, how than four months after the date of delivery of the statement. If the applicant is not ad within said period of time, he will cease to be a substitute member. 7.The provisions contained in paragraph 6 apply with the necessary modifications to the si substitute members from among the students. 8.All substitute members may resign their position. A written statement is to be delivered chairperson of the faculty's academic senate, who will immediately submit it to the Boar Academic Senate; it comes into effect on the date of delivery to the chairman of the fac senate. ****************************************************************************************** * Article 13 By-elections ****************************************************************************************** 1.By-elections are held in the event that either there is no substitute member to a vacanc Academic Senate or all substitute members have refused the call. By-elections do not nee if the vacancy occurred in the last nine months of the term of office, and if the facult faculty so resolves. 2.Provisions on elections apply to by-elections with the necessary modifications. 3.Candidates who have not been elected in by-elections do not become substitutes. ****************************************************************************************** * Article 14 Special Provisions ****************************************************************************************** 1.If the Rector calls elections to the Academic Senate under the last sentence of section Higher Education Act, he also performs the duties of the Board of the Senate referred to (3) or, as the case may be, in Article 4 (2). Calling elections under Article 8 (6) will by the Chairperson of the Main Election Committee at the first session of the newly elec Senate. 2.The provisions of Article 12 (6) apply with the necessary modifications to members of th academic senate from among students, and to substitute members of the faculty's academic among students (section 26 (3) of the Higher Education Act) unless the internal regulati faculty stipulates otherwise for reasons of preserving the required composition of the f academic senate. ****************************************************************************************** * Article 15 Transitional Provisions ****************************************************************************************** 1.Elections called prior to the effective date of this Code are governed by the previous r The term of office of the members of the Academic Senate elected in the elections held p previous regulations is not affected by this Code. 2.The Main Election Committee established under the previous regulations is considered to Election Committee under this Code. The term of office of the chairperson, vice-chairman members of the Main Election Committee appointed pursuant to the previous regulations is this Code. ****************************************************************************************** * Article 16 Repealing Provisions ****************************************************************************************** The following provisions are hereby repealed: a.Part I, Article 48 and Article 49 of the Code of Elections and the Rules of Order of the of Charles University in Prague of 24 September 1999, b.Article 1, points 1-9 of the amendment of the Code of Elections and the Rules of Order o Senate of Charles University in Prague of 25 January and 8 March 2002, c.Article 1, points 1-4 of the amendment of the Code of Elections and the Rules of Order o Senate of Charles University in Prague of 20 January 2006, d.Article 1, points 1-15 of the amendment of the Code of Elections and the Rules of Order Senate of Charles University in Prague of 15 May 2015. ****************************************************************************************** * Article 17 Final Provisions ****************************************************************************************** 1.This Code was approved by the Academic Senate of the University on 25 November 2016. 2.This Code comes into force on the date of the registration by the Ministry of Education, Sports. 3.This Code becomes effective on the first day of the calendar month following the date of force. PhDr. Tomáš Nigrin, Ph.D. Prof. MUDr. Tomáš Zima, DrSc. President of the Academic Senate Rector Translator’s note: Words importing the masculine include the feminine, and unless the cont requires, words in the singular include the plural and words in the plural include the sin Section 36 of the Higher Education Act. The registration was completed on 14 December 2016