ARTICLE VIII

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ARTICLE VIII

DISCIPLINARY ACTION

Section 1 - Introduction

Clause I.

If an Associated Student Government member(s) has been negligent in performing his/her duties, or behaved in a manner that violates the ASG's

Constitution, Bylaws, or adopted Policies, the ASG member shall be subject to

Disciplinary Action. If the Action is against the President, then two (2) members of the ASG must present the documentation to the Vice-President and the

Executive Review Committee.

Clause II.

Reasons for bringing disciplinary action shall be noted throughout the entirety of these Bylaws, but may include and shall not be limited to the following: a. Violation of the Student Code of Conduct b. Violation of the District Telecommunications Use Policy c. Falsification of records d. Insubordination e. Reckless and indiscriminate use of District facilities, assets or resources f. Any other matter deemed appropriate by a two-thirds (2/3) majority of the ASG Board in General Assembly.

Section 2

– First Notice

Clause I.

A written warning from the Vice-President will be given to the officer(s) in question, and shall serve as first notice of disciplinary action. The warning will include a specific explanation of the violations with which the officer or member is charged, and an explanation of subsequent action which may be taken. Copies of the written warning shall be given to the Associated Student Government

President and the Director of Student Affairs. a. In the case of any wrongdoing and/or failure to comply with or uphold the

Constitution and Bylaws on the part of the Vice-President, the President will assume the responsibility to follow Article VIII of the ASG Bylaws for

Disciplinary Actions against the Executive Vice-President. b. Other members of the ASG may be informed of the first notice, but such is not required.

Section 3 - Second Notice

Clause I.

If the written warning from the Vice-President fails to improve the officer(s) behavior, the Vice-President shall summon the officer in writing before the

Policies, Procedures and Executive Review Committee for an executive review.

Clause II.

At said review the Vice-President will summon the officer(s) that failed to respond to his/her initial warning and, following input from the Committee, will exercise one of the following options: a. Recommend that the officer(s) be given additional time to rectify the situation which caused the first notice.

b. Recommend that the charges against the officer(s) be dismissed. c. Recommend that the officer(s) be placed on probation.

Clause III.

Should an officer be recommended to probation, at minimum, notwithstanding the provisions of (Section 3, Clause IV) below, the following conditions shall apply: a. Probationary status shall last for ten (10) regular school days. b. The officer(s) will lose the right to vote during the probationary period. c. The officer(s) shall lose the privilege of making and/or seconding a motion during the probationary period. d. The officer shall be prohibited from official ASG travel during the probationary period. e. The officer(s) will submit a written plan to the Vice-President clearly stating how he/she will correct his/her unsatisfactory behavior. f. The officer shall serve, in lieu of regularly scheduled office hours, as many hours of community service as they are normally scheduled for in the office. Terms of the nature of community service shall be determined by the Policies and Procedures Committee. g. The office use privileges afford to the member(s) shall be revoked for the period of probation. h. The officer(s) shall file a detailed weekly report to the Vice-President of their completed ASG-related activities including the activities undertaken during the mandated community service outlined under [f] above. i. Other members of the Associated Student Government will be notified of the officer's probationary status during the subsequent General Session following the Executive Review.

Clause IV.

The Policies, Procedures and Executive Review Committee shall reserve the right to impose additional conditions or waive conditions above as the situation warrants.

Clause V.

A member may be placed on probation not more than three (3) times throughout their term of office. a. Should a member have disciplinary action taken against them which would exceed the maximum instances of probation given in (Clause V) above, they shall immediately be subject to the provisions of the Final

Notice and review as detailed in (Section 4) below.

Section 4 - Second Review and Final Notice

Clause I.

In order to determine compliance with the demands of the Executive Review and this Bylaw, the officer will be given a second review within five (5) regular school days after their probation begins by the Policies, Procedures and Executive

Review Committee.

Clause II.

The officer(s) shall be required by the provisions of this Bylaw to present to the

Committee the reports mandated by (Section 2, Clause III, [e] through [g]) above.

Clause III.

It shall be the duty of the Executive Review Committee to make a recommendation to the President regarding the officer(s) in question.

a. The Committee may find that the conditions of probation were met and that the officer(s) is/are free from further review. b. The Committee may recommend that further review be conducted and that the officer remain on probation c. The Committee may recommend that the officer(s) be dismissed from their office by the President and the ASG Board.

Clause IV.

The recommendation of the Executive Review Committee shall be submitted to the President in writing, and shall be signed by all those members of that same committee who agree with the finding. a. Individual members of the Committee may write their own opinions, either in support of or in dissent with the majority recommendation, and may submit such to the President separately. b. The Vice-President shall be required to submit a written opinion to the

President.

1. The opinion of the Vice-President need not support or uphold the finding of the Committee.

Clause V.

The Recommendation of the Executive Review Committee shall be presented to the president and the Director of Student Affairs at the subsequent General

Session of the ASG. a. Notwithstanding any other provisions in this Bylaw, it shall be at the sole discretion of the President to uphold the Recommendation of the

Executive Review Committee. b. Should the Committee recommend dismissal and the President reverse such recommendation, the officer shall be returned to the provisions of

Probation first established by the Executive Review Committee and shall be held to an appropriate Second Review as described in (Section 4) above. c. Should the Committee recommend further probation and the President reverse such recommendation to the effect of reinstatement, the officer(s) in question shall be immediately reinstated to the full conditions of membership in the ASG. d. Should the Committee recommend further probation and the President reverse such recommendation to the effect of dismissal, or should the

Committee recommend reinstatement and the President reverse such recommendation to the effect of dismissal, the officer(s) in question shall be immediately dismissed from their seats in the ASG, subject to confirmation vote of two-thirds (2/3) of the members assembled in meeting.

ADOPTED 03/19/1993

REVISED 02/22/1995, 08/24/2005, 14/11/2007

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