Hampshire College Constitution

The current Hampshire Constitution was ratified in 1998. It can be downloaded here: http://www.hampshire.edu/archives/files/hcconst1998.pdf

Original Hampshire College Constitution, 1970

 * Found online at http://www.hampshire.edu/archives/3227.htm#17B

Section I: Academic Council. The Faculty, as defined in Article VII of the Bylaws of the Trustees of Hampshire College, shall be responsible for those matters designated in that Article, including the relationship of Hampshire College to the surrounding community insofar as that relationship involves the educational program of the College. The Faculty will ordinarily conduct its business through an Academic Council composed of all members of the Faculty, plus that number of Hampshire College students which shall equal twenty percent of the number of the Faculty holding appointment from the College. In academic years 1970-71 and in 1971-72, at least two such students shall be Hampshire Fellows.

All students of the Academic Council shall be elected by students of Hampshire College in an election to be administered by the Community Council. The term of elective office on the Academic Council shall be one year.

The Faculty may meet, act, and modify or repeal any action of the Academic Council if two-thirds of those then holding Faculty appointment, not including those Faculty members then on leave, petition the President to so meet. The Faculty may modify or repeal any action of the Academic Council if two-thirds of those voting vote to so act.

The Academic Council shall meet on a schedule sufficient to conduct its regular affairs during the academic year, and in addition on call of the President or by petition of any ten members of the Academic Council. The President shall preside at meetings of the Faculty and of the Academic Council.

There shall be an Executive Committee of the Academic Council composed of four members of the Faculty elected by the Faculty (one from each School, and one from the Committee on Language and Communication), three students elected by and from the students on the Academic Council, the Dean of the College, and the President of the College, who shall preside. In the absence of the President, the Dean of the College shall preside. The Executive Committee shall, where time and other circumstances require, act on behalf of the Academic Council subject to the Academic Council's ratification, shall set the agenda for Academic council meetings, and shall otherwise act to facilitate the deliberations and decision making function of the Academic Council.

Section II: Community Council. The Community Council shall be composed of twelve members of the House(s), at least two of whom shall be Hampshire Fellows and at least one of whom shall be a member of the Faculty; two members of the Hampshire College Community who are not members of the House(s); and four members ex officio (the Vice President, the Dean of the College, the Master of Merrill House, and, in 1970-71, the Assistant Master of Merrill House. In 1971-72, the Master of House II will replace the Assistant Master of Merrill House). The term of office of elected members shall be one year. The twelve House members shall be elected by the House(s), and shall in 1971-72 be evenly divided between the two Houses; the two members of the Council not members of a House shall be elected by those eligible for these positions.

The Faculty shall delegate to the Community Council responsibility for the regulations concerning the quality of life on campus and the well being of the students. Such responsibility shall include, but not be limited to, the relationship of Hampshire College to the surrounding community, coordination of House-based programs, the right to overrule House decisions when such decisions clearly conflict with activities of other parts of the Hampshire College community, determination of social policy where it shall affect the College as a whole, determination of standards for remaining in the community--other than those determined by Academic Council, determination of jurisdiction among the Houses or between the House(s) and the Community Council.

The Faculty may meet, act, and modify or repeal any action of the Community Council if two-thirds of those then holding Faculty appointment, not including those Faculty members then on leave, petition the President to so meet. The Faculty may modify or repeal an action of the Community Council if two-thirds of those voting vote to do so.

Section III: The Houses. Membership in a House shall include those Hampshire College students who live there, the Master and Assistant Master, those members of the Faculty and staff who shall be assigned such membership by the Dean of the College with the advice of the Masters of the Houses, and other persons so designated by the House memberships.

Members of a House shall determine and be responsible for all decisions affecting the quality of life of that House, including social policy, intellectual life, and relationship with guests from off campus, subject to the authority of the Community Council as set forth in Section II above.

Section IV: College Judicial Board. The College Judicial Board shall be composed of nine members appointed by the College Council. Four members shall be students, three members shall be Faculty, one member shall be from the administrative staff, and one member shall be from the administration. The term of appointment of any member shall be one academic year, and no member shall hold elective office while serving on the Board. The Board shall hear and decide matters involving interpretation of this Constitution or any Rule of the College when a request is made by any party that the Board so decide, and when the Board is satisfied (1) that such decision is necessary to promote the welfare of the College, and (2) that other campus procedures for determining the question have been exhausted. The Board shall also hear and decide matters alleging infraction of any College rule in which either the alleged violator or an injured party seeks the Board's intervention, and when the Board is satisfied (1) that such decision is necessary to promote the welfare of the College, and (2) that other campus procedures for determining the question have been exhausted. For purposes of this Section, the word "party" shall mean any individual and the following bodies: the Academic Council, the Community Council, a House, the Faculty, the College. Appeals from a decision of the Board shall be taken to the President of the College. If an appeal is not taken, a decision of the College Judicial Board shall be binding. The College Judicial Board shall set its won rules, but shall be bound by fundamental concepts of due process in the determination of its specific procedures.

Section V: College Council The College Council shall be composed of four students elected by the Community Council, three Faculty elected by the Academic Council, one member of the professional administrative staff elected by that group, and one member of the administrative staff elected by that group. The term of office of any elected member shall be for one year. The President of the College shall serve as Chairman, and may vote when it shall affect the decision. For College Council elections, persons holding faculty appointment as any portion of their responsibility at Hampshire College shall vote as, and be eligible for election as, Faculty.

The College Council shall have the right to be advised of the deliberations and decisions of all legislative bodies and executive offices, including committees in the College, and may review the decisions of such bodies or offices and report its conclusions. It may hear individual grievances and make recommendations for their alleviation. On its own initiative it may make recommendations for action by other bodies of the College. In the exercise of the foregoing powers, it shall have the power to investigate those College activities it deems appropriate. The College Council shall also have the power to convene a joint meeting of the Academic Council, Community Council, and College Council when this shall be necessary.

Section VI: Procedures and General Considerations. Meetings of the Academic Council, Community Council, and College Council shall ordinarily be open to all members of the Hampshire College community. The time, place, and agenda of these meetings shall ordinarily be announced to the community at least three days prior to the meeting.

No person elected to any body authorized by this Constitution shall simultaneously hold elective office on any other such body, except that students elected to the Academic Council shall be eligible for election to the Executive Committee of the Academic Council.

Nothing in this Constitution shall be construed to alter the allocation of powers indicated in the Bylaws of the Trustees of Hampshire College, including the powers of the President under Article VI, Section 3.

Section VII: All College Meeting. The entire College community shall convene at least twice during the academic year, once in the fall and once in the spring, to consider such agenda as the College Council shall determine. The President shall preside.

The entire College may be convened for special sessions upon the call of the President or upon submission to the President of a petition seeking such a meeting signed by at least fifty members of the College community. The agenda for such special meetings shall be defined by the President in the event of his calling such meeting, or by the petition in the event it has produced the meeting.

Section VIII: Jurisdiction. The President, with the advice of the College Council, shall settle questions of jurisdiction where they arise between the Academic Council and the Community Council.

Section IX: Amendment. This Constitution shall not be subject to major alteration or major amendment prior to February 1, 1972, except as a direct result of failure to ratify, for reasons of recommendation to amend, in any constituency recognized by the Faculty. No amendment shall take effect until it has received the approval of the Academic Council, the Community Council, the College Council, and the President of the College.

In academic years 1970-71 and 1971-72, the President, with the consent of a joint Committee of the Academic Council and Community Council, shall have the power to make minor adjustments in the structure and operation of this Constitution as need arises. The College Council shall determine what constitutes a minor adjustment.

Section X: Starting Date. This Constitution shall take effect on September 14, 1970. Delegations by the Faculty specified in this Constitution shall not take place until the election of students to the bodies authorized by this Constitution.

Changes to the Constitution
The Constitution has been a subject of constant debate. The College does not actually follow the Constitution in its present form. This space is to document some of the discussions and changes to the Constitution over time.


 * Preliminary Report of the Constitutional Reform Committee (1975)