51ÁÔÆæ

AS51ÁÔÆæ Constitution

Purpose

The Associated Students of the 51ÁÔÆæ.

Prepared by the 2019-2020 Student Body Government: Ashton Syed, Joevannie Fajardo and Ayana Pattison

Under the advisement of: Amber Eubanks and Chad Trisler

The representatives of AS51ÁÔÆæ represent the student population of the 51ÁÔÆæ (51ÁÔÆæ) and it is their mission to promote the well-being of all students. Fulfillment of this mission is achieved first, by providing accurate and impartial representation of the student body. Second, by respecting the integrity, dignity, worth, and differences of all individuals. Third, by maintaining a professional, courteous, and safe environment whereby its students may express their opinions, hopes, and grievances. Service, as a member of AS51ÁÔÆæ, requires a commitment to uphold these ideas and to discourage behaviors which threaten the freedom and respect every individual deserves while maintaining a sense of decorum fitting a representative of the student body.

It is the policy of the AS51ÁÔÆæ not to discriminate against any individual on the basis of race, sex, color, national origin, religion, age, sexual orientation, disability or any other category protected by applicable federal, state, or local law. Further, the AS51ÁÔÆæ shall strive to develop an educational environment free from harassment, and free from derogatory, demeaning or inflammatory speech or imagery by any recognized AS51ÁÔÆæ activity, club, or organization.

Section 1: Structure

I.1.00 The AS51ÁÔÆæ government shall consist of an Executive and Legislative branch.

I.1.01 Executive power shall be vested in the President, Vice President, Treasurer, and Chief of Staff.

I.1.02 Legislative power shall be vested in six (6) Senators, including one (1) Pro Tempore.

Section 1: Officer Qualifications

II.1.00 All AS51ÁÔÆæ Officers must meet all of the following qualifications:

II.1.01 Must be currently enrolled with a minimum of six (6) credit hours at 51ÁÔÆæ per semester, excluding summer.

II.1.02 Must maintain a minimum semester and cumulative grade point average of a 2.5 or higher on a 4.0 grading scale.

II.1.03 Not presently nor within the previous 2 semesters, have been under any Student Conduct Sanction.

Section 1: General Duties and Responsibilities

III.1.00 The Executives shall:

III.1.00.01 Administer the affairs of the AS51ÁÔÆæ and execute all bylaws, legislation and rules adopted by the AS51ÁÔÆæ.

III.1.00.02 Make recommendations for the establishment, functions, and/or tasks of AS51ÁÔÆæ boards and committees.

III.1.00.03 Set the time, date, and place of all meetings and supplemental meetings of the Executive Branch.

III.1.00.04 Be present at all AS51ÁÔÆæ Senate meetings.

III.1.00.05 Review minutes from the previous meeting to ensure correct information has been given.

III.1.00.06 Appoint members to AS51ÁÔÆæ boards and committees as well as any college wide committees that include student participation.

III.1.00.07 Perform other duties as assigned by the AS51ÁÔÆæ Advisor and the AS51ÁÔÆæ President.

Section 2: Individual Powers and Responsibilities

III.2.00 The President shall:

III.2.00.01 Preside over all Executive meetings.

III.2.00.02 Call special sessions of the AS51ÁÔÆæ Senate with 48 hours’ notice when necessary to serve the general welfare of the AS51ÁÔÆæ.

III.2.00.03 Establish boards and committees as necessary to serve the general welfare of the AS51ÁÔÆæ.

III.2.00.04 Have the authority to nominate Senators to represent the AS51ÁÔÆæ to other associations of faculty, staff, or administration.

III.2.00.05 In the event of a vacancy of an officer, have the authority to nominate a replacement from the membership of the AS51ÁÔÆæ.

III.2.00.06 Serve as a representative to the 51ÁÔÆæ Board of Trustees.

III.2.00.07 Be responsible to ensure that the AS51ÁÔÆæ government upholds this Constitution.

III.2.00.08 Be empowered to approve or veto all Senate legislation, with the exception of all internal rules and procedures as established within this Constitution.

III.2.00.09. Exist as an ex-officio member of all AS51ÁÔÆæ boards and committees.

III.2.00.10 Keep the AS51ÁÔÆæ government Advisor informed and current on work, decisions, meetings, and other pertinent information regarding the AS51ÁÔÆæ Executive Branch.

III.2.00.11 Perform other duties that are necessary to serve the general welfare of the AS51ÁÔÆæ.

III.2.01 The Vice President shall:

III.2.01.01 Conduct all AS51ÁÔÆæ Senate meetings.

III.2.01.02 Follow and stay up-to-date with Robert's Rules of Order during all Senate meetings.

III.2.01.03 n the AS51ÁÔÆæ President's absence, perform all duties of the President

III.2.01.04 in the case of a vacancy in the AS51ÁÔÆæ presidency, assume the position of the President.

III.2.01.05 Create and post Senate meeting agendas.

III.2.01.06 Along with the President, be responsible to ensure that the Senate upholds this Constitution.

III.2.01.07 Cast a vote in the case of a tie within the Senate.

III.2.01.08 Keep the AS51ÁÔÆæ government Advisor informed and current on work, decisions, meetings, and other pertinent information regarding the AS51ÁÔÆæ Legislative Branch.

III.2.01.09 Perform other duties as may be assigned by the President.

III.2.02 The Treasurer shall:

III.2.02.01 Prepare monthly financial reports for the AS51ÁÔÆæ government members and the AS51ÁÔÆæ Advisor or their designee.

III.2.02.02 Work to develop the annual budget allocations report and assist with any special contingency requests throughout the year.

III.2.02.03 Ensure that the AS51ÁÔÆæ budget procedures, practices, and day-to-day activities conform to all 51ÁÔÆæ Business and Accounting procedures.

III.2.02.04 Assist the AS51ÁÔÆæ Advisor in the accounting of AS51ÁÔÆæ funds and AS51ÁÔÆæ government approved expenditures, ensuring that all AS51ÁÔÆæ expenditures are accounted for, expended, and approved according to all applicable 51ÁÔÆæ policies, as well as State of Idaho and federal non-profit statutes.

III.2.02.05 Function with independence and ethical and fiscal integrity to ensure that all applicable accounting regulations are followed.

III.2.02.06 Prepare and submit all AS51ÁÔÆæ financial books to the annual audit team or external auditors as requested by the Dean of Enrollment and Student Services.

III.2.02.07 Perform other duties as may be assigned by the AS51ÁÔÆæ President.

III.2.03 The Chief of Staff shall:

III.2.03.01 Be responsible for recording and publishing minutes and official documents for the AS51ÁÔÆæ government.

III.2.03.02 Record minutes at all Senate and Student Leadership meetings.

III.2.03.03 Call roll and record attendance in the minutes at all Senate and Student Leadership meetings.

III.2.03.04 Keep an additional record of compliance with the attendance policy at Senate and Student Leadership meetings.

III.2.03.05 Keep an updated file of AS51ÁÔÆæ government members and distribute a contact list among all government members and AS51ÁÔÆæ Advisor.

III.2.03.06 Report unexcused absences and failures to meet minimum office hour requirements to the AS51ÁÔÆæ President and Advisor.

III.2.03.07 Keep a record of weekly office hour logs.

III.2.03.08 Keep and maintain all records, including filings, notifications of actions or elections, and other documents according to standard policies and procedures related to non-- profit organizations and Idaho corporate law and statutes.

III.2.03.09 Inform the public of government meetings and supplemental meetings within48hours of said meeting.

III.2.03.10 Perform other duties as may be assigned by the President.

Section 1: General Duties and Responsibilities

IV.1.00 The Senate Shall:

IV.1.00.01 Read and adhere to all AS51ÁÔÆæ Bylaws and other legislation.

IV.1.00.02 Establish, determine, and execute all of the functions of AS51ÁÔÆæ committees.

IV.1.00.03 Set the time, date, and place of all supplemental meetings of the Legislative Branch with 48 hours’ notice.

IV.1.00.04 Perform other duties as assigned by the AS51ÁÔÆæ Vice President and the AS51ÁÔÆæ Advisor(s)

IV.1.00.05 Adopt legislation, bylaws or regulations necessary for the general welfare for the AS51ÁÔÆæ.

IV.1.00.06 Exercise legislative authority over funds through the approval of the AS51ÁÔÆæ budget.

Section 2: Individual Powers and Responsibilities

IV.2.00 Each Senator Shall:

IV.2.00.01 Attend all Senate meetings according to the attendance policy, as outlined in the AS51ÁÔÆæ Bylaws.

IV.2.00.02 Attend all assigned board and/or committee meetings.

IV.2.00.03 Review minutes from the previous meeting to ensure correct information has been given.

IV.2.00.04 Exist as voting members of the AS51ÁÔÆæ Senate.

IV.2.00.05 Maintain a minimum of two (2) office hours each week and record hours on the office log.

IV.2.00.06 Attend the community service projects sponsored by the Senate.

IV.2.00.07 Attend social activities outside of school to unite the Senate.

IV.2.00.08 Attend scheduled school activities as assigned.

IV.2.00.09 Give notice of any absences in accordance with the attendance policy as outlined in the AS51ÁÔÆæ Bylaws.

IV.2.00.10 Follow and stay up-to-date with Robert's Rules of Order during all Senate meetings.

IV.2.01 The Pro Tempore Shall:

IV.2.01.01 Conduct all regular and supplemental AS51ÁÔÆæ Senate meetings in the Vice President's absence; and

IV.2.01.02 In the case of a vacancy in the vice presidency, assume the position of the Vice President until the position is filled.

Section 1: Powers and Responsibilities

V.1.00 A Student Affairs official shall act as the AS51ÁÔÆæ government Advisor.

V.1.01 The Advisor Shall:

V.1.01.01 Assist and advise the AS51ÁÔÆæ government and its individual members as needed; and

V.1.01.02 Provide Student Affairs oversight to ensure compliance with college policies, procedures, and applicable governance structures.

V.1.01.03 Keep the Dean of Students informed and current on work, decisions, meetings, and other pertinent information regarding AS51ÁÔÆæ.

Section 1: Occurrence

VI.1.00 Any AS51ÁÔÆæ government position may be vacated, either voluntarily or involuntarily in the following ways:

VI.1.00.01 Members are removed from office; or

VI.1.00.02 Members are no longer a member of the AS51ÁÔÆæ; or

VI.1.00.03 Members becomes unable to perform their duties and surrender their position; or

VI.1.00.04 Members resign from office.

Section 2: Executive Vacancy

VI.2.00 In the event of a vacancy in the AS51ÁÔÆæ presidency, the AS51ÁÔÆæ Vice President shall fill that vacancy for the remainder of the term.

VI.2.01 In the event of a vacancy in the AS51ÁÔÆæ vice presidency, the AS51ÁÔÆæ Pro Tempore shall temporarily fill that vacancy

VI.2.02 In the event of a vacancy of the position of AS51ÁÔÆæ Treasurer, Secretary, or Historian, a member of the AS51ÁÔÆæ shall be appointed to fill that vacancy for the remainder of the current term by the AS51ÁÔÆæ President and confirmed by the Senate.

Section 3: Senate Vacancy

VI.3.00 In the event of a vacancy of the position of AS51ÁÔÆæ Pro Tempore, a member of the AS51ÁÔÆæ Senate shall be elected by the Senate to fill that vacancy for the remainder of the current term.

VI.3.01 In the event of a vacancy in the Senate, a member of the AS51ÁÔÆæ shall be appointed to fill that vacancy for the remainder of the current term by the AS51ÁÔÆæ Vice President and approved by a super majority vote of the Senate.

Section 4: Movement Within The AS51ÁÔÆæ Government

VI.4.00 If any AS51ÁÔÆæ government member is appointed to fill a vacancy within the government during his or her term, that member has 48 hours to accept or decline appointment.

VI.4.01 If a member accepts appointment to a new position, that member shall automatically be removed from his or her original position upon confirmation of the AS51ÁÔÆæ Senate.

Section 5: Multiple Government Positions

VI.5.00 An elected or appointed member of the AS51ÁÔÆæ government cannot hold more than one position in the government simultaneously.

VI.5.01 Any student currently serving as a member of the government may be appointed to other positions within the government without resigning from his or her current position.

VI.5.02 If a government member accepts appointment to a new position, that student shall automatically be removed from his or her original position upon confirmation by the AS51ÁÔÆæ Senate.

Section 1: Public Meetings

VII.1.00 All meetings of the AS51ÁÔÆæ government shall be open to the public.

VII.1.01 The time, date, and location of government meetings must be posted for public knowledge at least 48 hours in advance in a place where the general public can view it.

Section 1: Overall Financing

VIII.1.00 The AS51ÁÔÆæ government shall annually develop and submit a budget and student fee proposal to the Dean of Students to be presented through the college governance structure.

VIII.1.01 The budget shall be submitted to the Dean of Students no later than December 1 of each year.

VIII.1.02 The AS51ÁÔÆæ Treasurer shall develop the budget using the methodology in Section 2 of this Article.

Section 2: Budgeting Methodology

VIII.2.00 The AS51ÁÔÆæ Senate shall discuss budget priorities at the third meeting of the fall semester and invite student comment and participation.

VIII.2.01 The Treasurer shall develop a budget proposal with the Senate.

VIII.2.02 The Senate will review and move forward a budget proposal for consideration by the AS51ÁÔÆæ by the tenth week of the fall semester.

Section 1: Elections Requirements

IX.1.00 Anything regarding elections must follow all of the guidelines set forth in the Candidate Packet and the Voter's Guide.

IX.1.01 It shall be the responsibility of AS51ÁÔÆæ government candidates, their supporters, and all others involved in AS51ÁÔÆæ elections to be informed of and to follow these policies and procedures.

Section 2: Elections

IX.2.00 Any member of the AS51ÁÔÆæ may become a candidate for office after having fulfilled the Officer eligibility requirements as stated in this Constitution and the AS51ÁÔÆæ Bylaws.

IX.2.01 The AS51ÁÔÆæ President, Vice President, and six (6) Senators shall be elected in a general election to be held and concluded during the spring semester.

IX.2.02 All election processes and results will be overseen and certified by the AS51ÁÔÆæ Advisor and confirmed by the AS51ÁÔÆæ Senate within two (2) calendar weeks of the election.

IX.2.03 Any and All protests must be submitted concurrently in writing to the Student Affairs Advisor, the Dean of Students, and the AS51ÁÔÆæ general inbox (ascwi@cwi.edu) no later than twenty-four (24) hours after the polls close.

IX.2.03.01 Any protests must be concise and include evidence sufficient to establish ‘probable cause’ for an election investigation.

IX.2.03.02 It is the sole responsibility of the protester(s) to Provide evidence sufficient to establish just-cause for the initiation of a Protest hearing.

IX.2.03.03 All protests will be voted on at a Senate meeting not more than one (1) week after the submission of a formal protest that is found to warrant an investigation.

IX.2.03.04 All protests will be heard via simple majority vote if such evidence exists to warrant a hearing; otherwise, it will be closed by default.

IX.2.03.05 All protest conclusions are final and will not be heard a second time without accompaniment of substantial new evidence.

IX.2.04 Upon announcement of election results, the prevailing candidates shall become non-voting members of AS51ÁÔÆæ and begin transitioning into their role with AS51ÁÔÆæ.

Section 1: Term Of Office

X.1.00 For all AS51ÁÔÆæ Officers, their term shall begin the day after Spring Commencement and expire the following Spring Commencement.

Section 2: Term Limit

X.2.00 No officer of the AS51ÁÔÆæ government shall serve more than two (2) terms in the same position; be they consecutive or intermittent; regardless of the duration of each term of service.

Section 1: Impeachment

XI.1.00 All elected or appointed officers of the AS51ÁÔÆæ government shall be subject to removal from office by impeachment.

XI.1.01 The conclusions reached by impeachment proceedings are considered official and binding.

XI.1.02 If an impeachment carries, the impeached will henceforth no longer be an officer of AS51ÁÔÆæ.

Section 2: Impeachment Grounds

XI.2.00 Grounds for impeachment from an elected position with AS51ÁÔÆæ include- but are not limited to- the following, where they occur within the 51ÁÔÆæ ‘sphere of influence’:

XI.2.00.01 The dereliction of accepted duties,

XI.2.00.02  The abuse of particular powers of position,

XI.2.00.03 The violation of membership trust,

XI.2.00.04 The violation of the Student Code of Conduct,

XI.2.00.05 The direct or indirect creation of a hostile or threating environment,

XI.2.00.06 The demonstration of prejudice or lack of objective representation,

XI.2.00.07 The occurrence of two (2) or more unexcused absences,

XI.2.00.08 The engagement in aggressive and violent acts, 

XI.2.00.09 The willful disparagement of the integrity of AS51ÁÔÆæ, 51ÁÔÆæ, or AS51ÁÔÆæ membership.

XI.2.01 Grounds for impeachment will be verified by:

XI.2.01.01 The Student Affairs Advisor; and/ or

XI.2.01.02 The Dean of Students.

XI.2.02 In the event that the grounds have not been met, the AS51ÁÔÆæ Advisor(s) and/or the Dean of Students will notify the accuser as well as the accused via separate, private, e-mails.

Section 3: Impeachment Authority

XI.3.00 The power of impeachment shall be held by all the AS51ÁÔÆæ Officers;

XI.3.01 Impeachment of AS51ÁÔÆæ officers may be initiated by:

XI.3.01.01 A petition of greater than one-hundred (100) signatures the AS51ÁÔÆæ membership

XI.3.01.02 A petition of at least (1/3) AS51ÁÔÆæ of Officers combined with the AS51ÁÔÆæ Student Affairs Advisor(s) and the Dean of Students.

XI.3.02 Impeachments shall pass with forty-percent (40%) vote by secret ballot of all seated Officers.

XI.3.02.01 Absent officers’ votes will not be counted.

Section 4: Impeachment Requirements

XI.4.00 Petitions for impeachment must:

XI.4.00.01 Identify the specific officer being impeached; and

XI.4.00.02 Concisely identify the purported charges; and

XI.4.00.03 Provide evidence sufficient to establish just-cause for the initiation of impeachment processes; and

XI.4.00.04 Be formulated, with grounds verified, prior to the collection of signatures; and

XI.4.00.05 Be provided to each signatory; and

XI.4.00.06 Be submitted concurrently, in writing, to:

i. The Student Affairs Advisor; and

ii. The Dean of Students; and

iii. The AS51ÁÔÆæ general inbox (ascwi@cwi.edu).

Section 5: Impeachment Processes

XI.5.00 Impeachments shall adhere to the following processes:

XI.5.00.01 A petition for impeachment should be formulated before it can be pursued,

XI.5.00.02 The grounds of petitions for impeachment should be verified,

XI.5.00.03 Interested parties should be notified of the initiation of impeachment processes,

XI.5.00.04 All parties should acknowledge impeachment processes,

XI.5.00.05 A hearing shall take place on the next, regularly scheduled, Senate meeting;

i. not less than one (1) week but not more than two (2) weeks after the accused has received notification of impeachment and the hearing date.

XI.5.00.06 All parties should attend the scheduled hearing,

XI.5.00.07 All parties should be given a chance to present their cases,

XI.5.00.08 A verdict shall be reached

XI.5.00.09 Appeals should be filed,

XI.5.00.10 A retrial shall take place on the next, regularly scheduled, Senate meeting;

i. not less than one (1) week but not more than two (2) weeks after appeal verification and all parties have been notified of the appeals hearing date.

XI.5.00.11 All parties should attend the scheduled hearing,

XI.5.00.12 All parties should be given a chance to present their cases,

XI.5.00.13 A verdict shall be reached

Section 6: Right Of The Accused

XI.6.00 The accused shall have the right to:

XI.6.00.01 A hearing by the Senate; and

XI.6.00.02 Defend their actions at a hearing; and

XI.6.00.03 Petition for a private hearing; and

XI.6.00.04 Appeal an impeachment ruling within the guidelines of this Article.

Section 7: Responsibilities Of The Accused

I.7.00 The accused shall bear the responsibility of:

XI.7.00.01 Responding to impeachment notifications; and

XI.7.00.02 Requesting a private hearing via the AS51ÁÔÆæ advisor(s); and

XI.7.00.03 Attending the scheduled hearing; and

XI.7.00.04 Presenting a defense against accusations; and

XI.7.00.05 Appealing an impeachment ruling within the guidelines of this Article.

Section 8: Impeachment By Default

XI.8.00 Impeachments shall carry by default if the accused:

XI.8.00.01 Fails to acknowledge an impeachment notification within five (5) days; or

XI.8.00.02 Fails to attend the impeachment hearing; or

XI.8.00.03 Fails to arrive to an impeachment hearing within fifteen (15) minutes of its commencement.

Section 9: Appealing An Impeachment

XI.9.00 An impeachment ruling may be appealed:

XI.9.00.01 Only for one or more of the following reasons:

i. The Association’s procedures were not followed, and the deviance would substantially alter the outcome(s) of the ruling, or

ii. There is new relevant evidence not reasonably available at the time of the hearing or the imposition of the sanction(s) that would substantially alter the outcome(s) or the ruling, or

iii. The rationale, informed by available information, does not clearly support the finding(s)

XI.9.00.02 If an appeal is filed within five (5) business days of the initial impeachment ruling; and

XI.9.00.03 If it has not previously gone through the appeal process.

XI.9.01 In the case that grounds have not been met for an appeal, the AS51ÁÔÆæ Advisor(s) and/or the Dean of Students will notify the Officer and announce confirmation of the initial ruling.

XI.9.02 An impeachment may only be appealed one time before the ruling is final.

XI.9.02.01 Appeal requests that do not meet the grounds for appeal proceedings shall not count against this policy.

Section 1: Definition

XII.1.00 A referendum shall be defined as a proposed statement of AS51ÁÔÆæ policy, which shall be initiated by the Senate and put to a vote of AS51ÁÔÆæ's membership for approval with the exception of referenda pertaining to mandatory fees, which must receive at least sixty percent (60%) of the votes cast in the election.

Section 2: Requirements

XII.2.00 For a referendum to be placed on the ballot for any election, it must be approved by a two-thirds (2/3) vote of the seated membership of the Senate.

XII.2.01 The Senate shall formulate a title and a brief explanation as to the purpose of the referendum without argument or prejudice. If the opponents and/or proponents are dissatisfied with the measure title or wording, they may appeal it for modification.

XII.2.02 For a referendum to be approved it must receive at least fifty (50) percent plus one (1) of the votes cast in the election.

Section 1: Requirements

XIII.1.00 Amendments to this Constitution may be proposed by either:

XIII.1.00.01 A petition signed by 15 percent of the members of the AS51ÁÔÆæ; or

XIII.1.00.02 Through the AS51ÁÔÆæ Legislative process, provided that the amendment shall have been read prior.

XIII.1.01 Amendments shall be enacted when ratified by a simple majority of those voting.

XIII.1.02 All amendments must:

XIII.1.02.01 Have been read prior to being discussed, debated, or voted upon; and

XIII.1.02.02 Be completed no later than the fourteenth week of the spring semester; and

XIII.1.02.03 Meet all the qualifications; and

XIII.1.02.04 Be verified by the AS51ÁÔÆæ advisor(s).

XIII.1.03 All amendments shall be added to this Constitution, and the new Constitution shall supersede all previous AS51ÁÔÆæ Constitutions.