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  CONSTITUTION OF THE STUDENT BODY
 


CONSTITUTION OF THE STUDENT BODY
OF INDIANA UNIVERSITY SOUTHEAST

 

  Preamble:

We, the students of Indiana University Southeast, to maintain an active and flexible Student Government responsive to the needs and wishes of the Student Body of this campus, do ordain and establish this Constitution.
 
 

ARTICLE I
STUDENT GOVERNMENT ASSOCIATION
 

  SECTION I: Structure

1. The Student Government Association of Indiana University Southeast which shall hereafter be known as the Student Government Association, shall consist of the following:
     a. The Executive Branch, which shall be include the Student Body President and Vice-President;
     b. The Legislative Branch, which shall be the Student Senate; and
     c. The Judicial Branch, which shall be the Student Judiciary.

2. No Student may hold more than one popularly elected office in the Legislative or Executive Branch or one appointed office in the Judicial Branch, concurrently.
 
 

ARTICLE II
EXECUTIVE STRUCTURE

 

  SECTION I: Name, Qualifications, Term, and Oath of Office of the Executive Branch

1. The Executive power shall be vested in the Student Body President and Vice-President.

2. Any student seeking the office of Student Body President or Vice-President must be a student of Indiana University Southeast for the full year of his/her term.

3. The Student Body President and Vice-President shall be an officially admitted and enrolled student of Indiana University Southeast, and shall have completed four terms (summer sessions included) of Academic Credit by the end of the semester in which he/she (hereafter written as he, but understood as he/she or his/her) is elected. He shall have a cumulative grade point average of 2.50 or above at the time of his election.

4. The term of office of the Student Body President shall be from the minute he takes the oath of office until the next Student Body President takes the oath of office. No student may hold, nor be elected to, the office of Student Body President or Vice-President for more than two terms.

5. Before undertaking the duties of his/her office, the Student Body President shall take the following oath of office: ““I . . . do solemnly take this oath, that I will faithfully execute the office of Student Body President, and will to the best of my ability serve the students and abide by the Constitution of the Student Body of Indiana University Southeast.”” This oath of office shall be administered by the Chief Justice of the Student Judiciary, or an Associate Justice (in the absence of the Chief Justice). For annual elections the oath will be administered at the Student Recognition banquet at the end of the Spring Semester or the last regular meeting of the semester at the discretion of the Senate.

6. Before undertaking the duties of his/her office, the Student Body Vice-President shall take the following oath of office: ““I . . . do solemnly take this oath, that I will faithfully execute the office of Student Body Vice-President, and will to the best of my ability serve the students and abide by the Constitution of the Student Body of Indiana University Southeast.”” This oath shall be administered by the Chief Justice of the Student Judiciary, or an Associate Justice (in the absence of the Chief Justice). For annual elections the oath will be administered at the Student Recognition banquet at the end of the Spring Semester or the last regular meeting of the Senate at the discretion of the Senate.

SECTION II: Power, Duties, and Privileges of the Student Body President

1. The Student body President shall either approve or veto all formal legislation passed by the Student Senate within seven days after it has been submitted to him for his signature. If not acted upon by the President within this period, the legislation shall become effective.
     a. The Student Body President may veto any legislation passed by the Student Senate.
     b. Legislation vetoed by the Student Body President can be overridden by 2/3-majority vote of the entire Student Senate within fourteen (14) days.

2. The Student Body President and the Vice-President shall, with the advice and consent of the Student Senate, nominate the student members of all student-faculty committees.

3.
The President and the Vice-President shall nominate students to executive committees, and special advisors and/or consultants, as they may deem necessary, who will serve for a period no longer than the end of the term of the current Student Body President and Vice-President.

4.
The Student Body President shall be the official spokesman for the Student Body at Indiana University Southeast.

5.
He shall give to the Student Senate information concerning the general disposition of the Student Body and may recommend for their consideration such measures judged necessary and expedient; he shall acquaint the newly elected Student Body President with the duties of his office; he shall officially receive guests of the SGA of Indiana University Southeast.

6.
He shall make weekly reports, except when in conflict with other presidential duties, during the semester to the Student Senate in order to keep them well informed as to the activities of the Student Body President.

7.
He shall be a non-voting member of the Faculty-Senate.

8.
He shall be a voting member of the SGA Nominating Committee.

9.
A State of the Student Body Address shall be given during every Fall Semester. The presentation shall consist of a summary of the year’s accomplishments and a summary of goals for the next year to be given by the President.

10.
The Student Body President shall represent the Student Body on the All University Student Association (AUSA), and shall attend the regular meetings and proceeding of said group. The President shall also make regular reports on the activities of AUSA to the Student Senate.

11.
The President shall meet monthly or as necessary with the Chancellor, the Vice-Chancellor of Student Affairs, and the Director of Campus Life.

12.
The President shall be a member of the Student Life Committee.

13.
The President shall preside over the Student Involvement Board.

14.
The President shall meet with IUS Board of Advisors.

15.
The President shall be a member of the executive committee.

16.
In case of removal of the Student Body President from office, or of his death, resignation, or inability to perform the duties of his office, the Vice President shall assume the office of President.

SECTION III: Powers, Duties, and Privileges of the Student Body Vice-President

1.
The Vice-President shall be elected at the same time as the Student Body President. Candidates for the office of Vice-President must fulfill the same qualifications as those for Student Body President.
     a. The Vice President shall be a member of the executive committee.
     b. The Vice President shall serve on at least four external committees.

2.
The Vice-President shall become the Student Body President if the President is removed from office for any reason. The Chairperson of the Student Senate shall assume the office of Vice-President should the Vice-President be removed from office or assume the Presidency.

3.
He/She shall not vote on Senate business except in the cases of a tie, in which he must make the tie-
breaking vote.

4.
When the President is unavailable, the Vice-President shall serve as a liaison between the Executive and Legislative Branches of the SGA. He/She shall make reports to the Student Body President about the activities of the Student Senate.

5.
The Student Body Vice-President and the President shall, with the advice and consent of the Student Senate, nominate the student members of all student-faculty committees.

6.
The President and the Vice-President shall nominate students to executive committees, and special advisors and/or consultants, as they may deem necessary, who will serve for a period no longer than the end of the term of the current Student Body President and Vice-President.

7.
He may be a member of the SGA Nominating Committee.

8.
In case of removal of the Vice-President from office, or of his death, resignation, or inability to perform the duties of his office, the Chairperson of the Student Senate shall assume the office of Vice-President.
 
 

ARTICLE III
STUDENT LEGISLATURE

 

  SECTION I: Name, Qualifications, Term, and Oath of Office of the Legislative Branch

1. All legislative powers granted herein shall be vested in the Student Senate of Indiana University Southeast.

2.
The Student Senate shall be composed of twenty-four Senators. Twenty Senators will be elected at-large in a campus-wide student body election. Four Senate seats shall be reserved in the fall term and selected from the entering Freshman Class by the Nominating Committee.

3.
All Senators must be enrolled credit students officially admitted to Indiana University Southeast, and shall have a grade point average of no less than 2.0 (except in the case of first semester Freshman).

4.
A student seeking the office of Student Senator must be a student of Indiana University Southeast while in office.

5.
There shall be no limit on the number of terms a Senator may serve.

SECTION II: Oath of Office and Meetings

1. Before undertaking their duties of office, members of the Senate shall take the following oath of office: “I . . . do solemnly take this oath that I will faithfully execute my office as Student Senator, and will to the best of my ability serve the students and abide by the Constitution of the Student Body of Indiana University Southeast.” This oath shall be administered by either the Senate Chair or one of the Justices of the Student Court. For annual elections the oath will be administered at the Student Recognition banquet at the end of the Spring Semester, or at the last regular meeting of the semester at the discretion of the Senate.

2.
Regular meetings shall be held every week during academic year. During the summer, meetings shall be held at the discretion of the Chairperson of the Student Senate or upon petition of at least six members of the Student Senate.

3.
Each Senator is permitted one un-excused absence and three excused absences prior to disciplinary action.

4.
Special meetings shall be called by the Chairperson of the Student Senate upon petition of at least six members of the Student Senate. The Chairperson of the Student Senate may, under unusual circumstances, call a special meeting of the Student Senate.

5.
A quorum shall consist of 2/3 of the total sworn Senate members, excluding vacancies.

SECTION III: Elected Senate Officers-Elections and Duties

1. All elected offices of the Student Senate shall be filled by an election within the Senate at its first meeting. The elected officers and their duties shall include:
     a. The Chairperson of the Student Senate
           (1) Has the power to call and preside over the meeting of the Student Senate.
           (2) Will serve as a chairperson of the Nominating Committee.
           (3) In case of removal of the Chairperson of the Student Senate from office, or of his death, resignation, or inability to perform the duties of his office, the Chairperson Pro-Tempore shall assume the office of Chairperson of the Student Senate.
     b. The Treasurer of the Student Senate shall, subject to the direction of the Senate, handle all accounts and financial transaction subject to the authority of the Senate.
     c. The Chairperson Pro-Tempore of the Student Senate shall assume the duties of the Chairperson in cases when the Chairperson is absent, resigns, or is removed from office. In case of removal of the Chairperson Pro-Tempore from office, or of his death, resignation, or inability to perform the duties of his office, the Senate shall vote to elect a replacement.
     d. The Senate shall have the power to create or eliminate further offices as it may deem necessary.

SECTION IV: Powers and Authority

1. The Student Senate may make recommendations or express by formal resolution its opinion on any question relating to the policy or the administration of Indiana University Southeast, or on any other matter deemed relevant to the students of the University, whether it be an issue of local, state, or national concern.

2.
The Student Senate must approve or disapprove by a majority vote, all nominations made by the Student Body President and Vice-President to student-faculty committees and any other committees and positions.

3.
The Student Senate shall have the power to discipline by means of impeachment the members of the SGA.

4.
The Student Senate may direct the Student Body President to carry out any decisions of the Student Senate, subject to the rules and regulations of Indiana University Southeast. The Student Senate is to assist the Student Body President in carrying out their decisions.

5.
Senators assigned to academic divisions shall report relevant and important Senate actions to the appropriate faculty Chairperson.

6.
Every Student Senator will serve on at least one student-faculty committee within each term of their office if so appointed.
 
 

ARTICLE IV
STUDENT JUDICIARY

 

  SECTION I: Structure, Appointment, Oath of Office, and Vacancies

1. All Judicial power granted herein shall be vested in the Student Judiciary of Indiana University Southeast, which shall be structured as follows:
     a. The Student Judiciary shall consist of a Chief Justice and four Associate Justices appointed by the Student Body President with the advice and consent by majority vote of the Student Senate. All Justices shall retain their office until said Justice leaves Indiana University Southeast.
     b. All Justices must be enrolled students officially admitted to Indiana University Southeast with a cumulative grade point average of 2.0 or above and must have completed 12 hours of academic credit.
     c. The Justices shall, upon their appointment and at the earliest convenient meeting be administered the following oath of office by the Chief Justice or an   Associate Justice: ““I . . . do solemnly take this oath, that I shall serve the students and abide by the Constitution of the Student Body of Indiana University Southeast, and I shall execute the duties of my office to the best of my ability.””

2.
Should a vacancy arise in the office of Chief Justice, the Student Body President shall recommend within 30 days, for Senate approval, a candidate to fulfill the position.

SECTION II: The Chief Justice

1. The Chief Justice of the Student Judiciary shall preside at all sessions of the Student Judiciary. He shall act as the spokesman for the Judiciary at all times.

2.
The Chief Justice shall be the chair of the executive committee.

3.
Upon the request of a student, the Chief Justice must issue a temporary injunction against any act of the Student Legislature or the Executive branch that violates the rights and privileges of the Student Body or the student. The temporary injunction shall expire after forty-eight hours and may be renewed once. Within the forty-eight hour time period the complaint will be investigated and a report of findings given to the executive committee for action.

4.
The Chief Justice shall report to the Student Senate at each regular Senate meeting. The Chief Justice is permitted one un-excused absence prior to disciplinary action for excessive absences. At least one Justice should attend each meeting for clarification purposes.

5.
The Chief Justice shall be permitted three (3) excused absences from the Senate meetings prior to disciplinary action for excessive absences. The absences shall be reported to the Senate Chair.

SECTION III: Meetings

1. The Student Judiciary shall meet upon the call of the Chief Justice or the Chancellor of Indiana University Southeast as frequently as it is necessary to transact the business before the court.

2.
The court must meet within fourteen days after a petition has been presented to it to consider and rule on that petition within seven days, unless special circumstances arise.

SECTION IV: Jurisdiction and Duties

1. The Student Judiciary shall have jurisdiction over the SGA in matters in the following areas:
     A. Original jurisdiction on general constitutional interpretation.
     B. Original jurisdiction on cases of ambiguity in the Constitution.
     C. Original jurisdiction on constitutionality of Student Senate legislation.
     D. Original jurisdiction on cases involving violation of Student Senate legislation.
     E. Original jurisdiction on cases involving the contestment of campus-wide elections.

2.
The Student Judiciary shall also:
     A. Provide any student organization with an impartial interpretation of their constitution upon request.
     B. Serve as an arbiter between student organizations upon mutual requests.
     C. Ensure that decisions passed by the Student Government are in compliance with Federal, State, and local government, as well as University policies and regulations.

3.
Members of the Student Judiciary shall be the first considered for appointment to serve on Student Appeal and Review Boards.

4.
Members of the Judicial Branch shall be expected to serve on a student-faculty committee if so appointed.
 
 

ARTICLE V
ELECTIONS

 

  SECTION I: Election Commission

1. The President shall appoint an Election Commission consisting of five students to supervise and regulate all Student Government elections. The Election Commission shall elect among its members a chairperson.

2. Members of the Election Commission shall be appointed during the month of January and shall serve until the end of the Spring elections.
     A. One member of the Student Judiciary, shall serve on the Election Commission. If a member of the Student Judiciary is not available a student, not associated with Student Government, shall serve as appointed by the President.
     B. No more than two members of the commission can be from the same student organization.
     C. Vacancies may be filled at any time in the same manner as the original appointments.
     D. The Judicial member or independent counsel shall call the first meeting to order.
     E. A student running for a Student Government office cannot be a member of the Election Commission.
     F. The Election Commission must meet within two weeks following appointment and conduct at least one meeting a month.

3.
All members of the Election Commission shall be enrolled students officially admitted to Indiana University Southeast. They must have a cumulative grade point average of 2.0 or better and must be attending classes at Indiana University Southeast.

SECTION II: Election of the Student Body President and Vice-President

1. President and Vice President shall run as a slate. Candidates shall be nominated for the office of Student Body President and Vice-President by petition. All such petitions shall consist of a minimum of three percent of enrolled credit students of Indiana University Southeast.

2.
In order to be eligible to vote in Presidential and Vice-Presidential elections, a student must be an officially admitted and enrolled student of Indiana University Southeast.

3.
Election of the Student Body President and Vice-President shall be by a majority vote. The time of the election shall be set by the Election Commission, with the approval of the Student Senate. The election may shall be held no later than six weeks before the end of the Spring Semester.

4.
The election of the Student Body President and Vice-President shall be supervised by the Election Commission with the assistance of the Student Judiciary or other appointed student.

SECTION III: Election of the Student Senate

1. Candidates shall be nominated for the office of Student Senate by petition, which shall bear the signatures no less than one percent of the Student Body. These signatures must be credit students at Indiana University Southeast enrolled during the semester of the election.

2.
Student Senate elections shall be held during the Spring Semester. The exact dates for these elections shall be set by the Election Commission with the approval of the Student Senate. The election may shall be held no later than six weeks before the end of the Spring Semester

3.
In order to be eligible to vote in the Senatorial elections, a student must be an officially admitted and enrolled student of Indiana University Southeast at the time of the election.

SECTION IV: Contestment of Student Government Association Election

1. Any student of Indiana University Southeast who was officially admitted and attending classes for academic credit at the time of the election in question may contest this election on the grounds of misconduct or Constitutional violation on the part of those involved in the election.

2.
A petition stating the reasons for opposition, accompanied by the signature of at least five of those students voting in the election in question, shall be presented to the Student Judiciary no later than seven days following the last day of the election.

3.
The Student Judiciary must rule on the validity of the opposition within fourteen days following its presentation. If an election is declared void by the Judiciary, the Judiciary may order a new election.

SECTION V: Election Dates and Polls

1. The election for President, Vice-President and Senate shall be designed by the Election Commission to accommodate both day and night students, as well as those attending weekend classes.

2.
The Election shall take place the week before spring break, no less than six weeks before the end of the semester and campaigning shall begin two weeks before Election week.

3.
The Election Commission shall designate the polling location(s), and the times for which the location shall be open. The exact times shall be designated by the Election Commission to accommodate both day and night students.

4.
At least one member of the Election Commission must be present while the polls are open.

5.
Each student voting for candidates shall be checked for being an official enrolled Indiana University Southeast Student. Once a student has voted, that student will be eliminated from further voting.

6.
Ballots shall be taken to the Campus Life office by at least two Commission members and locked in the safe.

7.
After the election is complete the ballots shall be counted by at least two members of the Election Commission with assistance of at least one Judiciary member. The Chairperson of the Election Commission shall post the results of the election within a reasonable time period, no later than 48 hours after the last ballot has been cast.
 
 

ARTICLE VI
FINANCES

 

  SECTION I: Spending

1. All spending must follow Indiana University Southeast guidelines.

2.
Any requests for expenditures of or more than $25 must be submitted to the Student Senate for approval by a majority vote.

3.
The Student Body President or Vice-President may spend any funds below $25 without prior Senate approval. The President or Vice-President shall report any such spending via receipts to the Treasurer of the Senate, who in turn should report these spending to the Senate at their next meeting.

SECTION II: Budget

1. The budget committee will be responsible for developing a budget proposal, for approval by the Senate. Following approval, the proposal will be submitted by the President to the Student Life Committee in accordance with the published time frame.

2.
In the event that the budget proposal is altered in any way by the Student Life Affairs Committee at the time of appropriating, the budget committee will make revisions and resubmit the proposal for Senate approval.
 
 

ARTICLE VII
AMENDMENTS
 

  SECTION I: Process

1. All amendments to the Constitution must first be presented to the Student Senate for their consideration.

2.
A 2/3 majority vote of the entire Student Senate is necessary for the amendment to be placed on the ballot at the next campus election or referendum. It must then be passed by a majority vote for all students voting.

3.
An amendment may, if defeated in the Senate, be sent to the Student Judiciary with an endorsed petition of no less than 10% of the Student Body (to be verified by the Student Judiciary), and then placed on the ballot at the next campus election or referendum. It must be ratified by a majority of all students voting.
 
 

ARTICLE VIII
RATIFICATION
 

 

This Constitution shall be ratified according to the procedures outlined for amendments in Article VII, Section I, Paragraph 2.
 

 

ARTICLE IX
ACCOUNTABILITY
 

  SECTION I: Recall

Each elected representative may be submitted to a recall election by a petition of ten percent (10%) of the total student body population. After this petition has been submitted to the Student Judiciary, there shall be special vote of confidence in said representative, within two weeks, excluding any absence or recess. A representative shall be recalled by a three-fourths majority vote, provided that ten percent (10%) of the student population has voted. Said representative if recalled shall not be eligible for nomination by the nominating committee until after the next election. Said representative is permitted to run in the next election.

SECTION II: Impeachment

1. Impeachment procedures for any member of the SGA must be started by a majority vote of the Student Senate.
     a. The person bringing charges (the ““Plaintiff””) shall submit a petition to the Policies and Procedures Committee outlining their complaint against the person in  question (the “Defendant”). The Policies and Procedures Committee will then arrange an informal arbitration between the Plaintiff and the Defendant to be overseen by the Senate Chair and the advisors.
     b. The Plaintiff has one (1) week from the arbitration date to submit a written, detailed summary of the charges to both the Policies and Procedures Committee and the Defendant. The Defendant then has one (1) week from the date the Policies and Procedures Committee receives the Plaintiff’s summary to submit a written rebuttal to the Policies and Procedures Committee and the Plaintiff. Failure to submit a written rebuttal shall be interpreted as an intention not to contest the charges.
     c. One week after the rebuttal period has expired, the Policies and Procedures Committee will present the matter to the full Senate. The hearing date will then be set.
     d. The hearing shall be composed of the full Student Senate, with the Senate Chair presiding except in cases involving the Senate Chair, at which time the Pro-Tempore will preside. After a decision is reached, and if it is for conviction, the Defendant shall be impeached and removed from office upon a 2/3 majority of the Senate.

Section III: Disciplinary Action

1. The Plaintiff must present the specific charge(s) to the Chief Justice or an Associate Justice if the Chief Justice is the defendant.

2.
The Chief Justice will then notify the defendant of the charges brought against him/her.

3.
The Chief Justice shall present the charge(s) to the Student Judiciary at the next meeting, or call a special meeting if the charge(s) cannot be reviewed within one week. Both the Plaintiff and the Defendant shall be given the opportunity to state their case.

4.
The Judiciary shall vote for disciplinary action, and the form it will take, without the presence of the Plaintiff and the Defendant.

5.
The disciplinary action shall be carried out by the head of Defendant’s respective Student Government branch. Should the Defendant himself oversee a Student Government branch, then the charges will be carried out by the head of another branch, to be chosen by the Student Judiciary.
 
   
 
 
 
 

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