Parts XVI - XX
XVI. Duration and Frequency of Interventions:
Members of Senate, in making motions, shall be permitted up to eight minutes to speak. The seconder of the motion, all other speakers on the motion, and members making amendments and sub-amendments shall be permitted up to four minutes of speaking time. Seconders and speakers to amendments and sub-amendments shall be permitted up to two minutes of speaking time.
A list of speakers for each motion, amendment, and sub-amendment shall be kept by the chair. Interventions by those who have already spoken shall not be allowed until all members speaking for the first time on a given motion have had a chance to speak. Members desiring to speak on an amendment may express themselves without prejudice to their position on the speaker's list for the motion, and the same shall apply with regard to the speaker's list for a motion and an amendment in the case of members desiring to speak on a sub-amendment. When the sub-amendment has been disposed of there shall be a return to the speaker's list for the amendment, and when the amendment has been disposed of there shall be a return to the original speaker's list. In all of the above situations, the chair may permit brief second interventions once the speaker's list in question has been exhausted.
At the discretion of the chair, members of Senate whose knowledge or expertise is required in order to aid the Senate debate may be permitted to speak briefly and succinctly to a given point even if they have already spoken, and without prejudice to their position on the speaker's list if they have not yet spoken.
XVII. Motions by Members:
In view of the lengthy discussion which might develop in Senate when motions by members do not specify fully their intent, members of Senate are advised to preface the motions they submit for Part "A" of the Agenda of Senate with a written rationale for presenting the motion to Senate.
XVIII. Rulings of the Chair:
- Any member of Senate can challenge a ruling of the chair by simply moving to challenge immediately following the ruling.
- A seconder is required for such a motion.
- The mover of the challenge is allowed two minutes in which to explain the basis of the challenge, and the chair is allowed two minutes in which to explain the ruling. The vote then proceeds in the form "Does Senate sustain the ruling of the chair?", and the result is decided by simple majority.
- If the vote is affirmative, Senate's business proceeds. If negative, Senate reverts to the matter that was originally disallowed by the chair.
- During the whole procedure of a challenge to a ruling of the chair, further challenges to rulings of the chair should not be allowed.
XIX. Rules on the Rights of Senate:
A. Rights of Senate
1. A breach of the rights of Senate consists in such improper obstruction, or attempt at or threat of obstruction, of Senate, its members, officers, or committees, as is causing, or likely to cause, substantial interference with the performance of their respective functions.
2. Where the business of Senate or of any of its committees or of any officer of either involves a confidential matter, a breach of that confidentiality shall be a breach of the rights of Senate, without prejudice to application of rules relating to University discipline.
3. An act will not be dealt with by Senate as a breach of the rights of Senate unless it is essential to do so in order to provide reasonable protection for the Senate, its members, officers, or committees in the performance of their respective functions.
B. Order at Meetings
4. It is the right and duty of the chair to keep order at meetings of Senate.
5. (1) When any person, whether a senator or not, by disorderly words or disorderly conduct obstructs the business of Senate, the chair may:
- if of the opinion that, despite the continued presence of the offender, the business of the Senate can continue unobstructed, order that it do so for the time being, subject, in the case of a senator, to the loss by the offender of the right to speak for the duration of the meeting; and subject, also, to the right of the chair at any time to determine that the meeting cannot continue unobstructed; or
- require the offender to withdraw from the meeting.
(2) Either order, unless varied by the chair, continues in force for the remainder of that meeting, and extends also to any time and place to which the chair may adjourn the meeting.
(3) In those cases where obstruction is forthcoming from persons other than senators, the chair may order that some or all non-senators withdraw. An order that all non-senators withdraw constitutes, unless the chair orders otherwise, an order that no non-senators enter thereafter. This order shall be confirmed by a majority vote of senators after the room has been cleared.
- It is the duty of a senator who has been deprived of voice by the chair to remain silent for the duration of the meeting.
- It is the duty of any person ordered by the chair to withdraw to leave the meeting immediately.
- The chair's order to a senator to withdraw automatically deprives the senator in question of the exercise of his or her rights as such for the remainder of the meeting, whether or not the ruling of the chair is obeyed. The senator is accordingly without voice or vote during that time.
(2) A senator deprived of voice by order of the chair, may, before ceasing to participate in the meeting, formally object and may, if given leave by the chair, and during such time as the chair permits, offer explanation.
Likewise, a senator required to withdraw from the meeting may, before doing so, formally object, and may, if given leave by the chair and during such time as the chair permits, offer explanation.
(3) Where the chair is satisfied with an explanation offered by a senator under sub-section (2), he or she may rescind the order which then ceases to have effect.
(4) When a senator has been ordered to withdraw from the meeting and has in fact withdrawn and remained absent, the chair shall, with respect to the senator's conduct and exclusion from the meeting:
- invite opinions from senators;
- entertain motions by senators;
subject, in every case, to the chair's right at any time to close discussion or debate and to put any question which may have arisen.
(5) When a senator has been deprived of voice, and has in fact ceased to participate in the meeting otherwise than by exercising the right to vote, the chair may, at his or her discretion, with respect to the senator's conduct and loss of voice:
- invite opinions from senators;
entertain motions by senators;
subject, in every case, to the chair's right at any time to close discussion or debate and to put any questions which may have arisen.
7. (1) When a person excluded from a meeting of Senate enters or continues to be present, the chair may:
- order an adjournment, either sine die or to such other time as he or she may fix; or
- order the forcible physical exclusion of the offender.
(2) In exercising discretion the chair shall have regard to the desirability, in the interests of the dignity of the Senate and the good government of the University, of avoiding, if possible, the use of force and, on the other hand, of protecting the Senate against forcible interference by any person whatever.
8. The provisions of Sections 4 to 7 shall apply mutatis mutandis to the committees of Senate; the chair of the committee being substituted for the chair of Senate and a member of the committee being substituted for a senator.
C. Proceedings to Protect the Rights of Senate
9. (1) Complaint of breach of the rights of Senate may be made by the chair or any senator. It must be accompanied by a statement of the grounds on which the facts alleged are said to cause the substantial interference required by Section 1.
(2) It must be accompanied also by a motion to refer the matter to the Committee on the Rights of Senate (to be struck by Senate Nominating Committee) for investigation and report or, in cases thought to be of exceptional urgency, a motion for immediate consideration of the complaint by Senate. A motion to refer to the Committee on the Rights of Senate cannot be amended save to propose that Senate take the matter immediately into its consideration, and vice versa.
Either motion, and any amendment, shall be put to the question without debate. In the event that an unamended motion for immediate consideration by Senate is defeated, a motion for reference to the Committee on the Rights of Senate may be entertained but can neither be amended nor debated.
(3) Senate shall not refer any complaint which appears trivial or unworthy of consideration or, which on its very face, does not involve the substantial interference required by Section 1.
XX. Reference to Robert's Rules:
With respect to any point or procedure not covered by the University Statutes or the present rules, reference shall be had to the 2000 Scott, Foresman edition of Robert's Rules of Order.
If the said manual does not provide a decision on the point in question, then the decision shall rest with the chair, provided that the chair's decision may be overruled on a motion supported by the vote of the majority of those present.