A Resolution to Impeach Senator Donald Garrett R. #27 32nd

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A Resolution to Impeach Senator Donald Garrett

R. #27

32 nd

STUDENT SENATE

2 nd

Session

R. #27

A Resolution to Impeach Senator Donald Garrett

IN THE STUDENT SENATE OF

GEORGE MASON UNIVERSITY

March 1 st , 2012

Submitted By Speaker-Pro-Tempore Gross, Clerk Baires, Chairman Short, Chairwoman

Kingsley-Burt, Chairman Guerin, Chairman Cobb, Chairwoman Sharma, Secretary Anderson,

Senator Cobb, Senator Paugh, Senator Abbruscato, Senator McKenney, Senator Crush,

Senator Miles, Senator Wickrema, Senator Horton, Senator Chaiet, Senator Del Duke,

Resolution #27

A Resolution to Impeach Senator Donald Garrett

Be it enacted by the Student Senate of George Mason University-

Whereas , The Student Government of George Mason University holds itself to the standards of conduct and behavior of the University, and as such has the duty to uphold those standards; and

Whereas , the Oxford English Dictionary defines threat (v) as:

“To press, urge, try to force or induce; esp. by means of menaces.”

Whereas, Senator Donald Garrett electronically “threatened” President Ally Bowers via email on the following date February 9, 2012.

Whereas, the email states the following:

 “Good Afternoon, o This email is to notify you that if the Proposed Election Code passes with

Section 4.1, I do plan on appealing administratively and/or legally in the court system.

Since you are the Chief Executive Officer of Student

Government, you would be the one served.

o 4.1 states, "Candidates may run for one office, either a seat in GMUSG’s Student

Senate or an Executive Office as part of an Executive Ticket. Candidates may not simultaneously run for more than one (1) office."

o There is no provision in the Student Body Constitution that does not allow for a candidate to run for both offices. In fact, the terms of the different offices are different.

o Please keep this in mind if you are given the opportunity to approve or deny the election code today. The elections should not be delayed by an unwillingness of the EDC to recognize when they step over the Constitution.

o If you have any questions, feel free to ask!”

Whereas, Senator Donald Garrett electronically via email “threatened” the EDC on February 2,

2012 with his submission of suggestions for the EDC Election Code.

Whereas , the email stated the following:

 “

4.1 needs to be taken out or else I will initiate legal action. Let this serve as your notice .”

Whereas, The George Mason Student Code of Conduct states that:

 “The right to free speech and expression does not include unlawful activity or activity which endangers or threatens to endanger the safety or well-being of any member of the community. Further, it does not include any activity which materially interferes with the education of other students or the mission of the institution

.”

Whereas , On October 20, 2011 Senator Garrett broke the George Mason University Student

Code of Conduct when, after being repeatedly warned to cease reading a prepared letter on an issue that did not pertain to the matter at hand, he intentionally caused a disruption in the learning environment of GMU’s Student Government ; and

Whereas , The George Mason Student Code of Conduct defines Acts of Misconduct as follows:

 “ Breach of peace or disorderly conduct.

(#4)

 Physical assault (including rape/sexual assault) or harassment (including sexual harassment/verbal abuse), threat of physical harm of any person or self, and/or conduct

 which threatens or endangers the health , safety, or welfare of any such person (#7)

All forms of hazing such as any action taken or situation created, intentionally , to produce mental or physical discomfort , embarrassment, ridicule, or possibly cause mental or physical harm or injury to any person on or off the university campus. (#3)

Whereas, Roberts Rules of Order under Disciplinary Procedures states on page 630 that, “… any member found guilty of conduct described, for example, as ‘tending to injure the good name of the organization, disturb its well-bei ng, or hamper it in its work.’ In a society, behavior of this nature is serious offense properly subject to disciplinary action, whether the bylaws make mention of it or not.”

; and

Whereas , Senator Donald Garrett has disturbed the well-being of the organization by threatening and hampering the work of Student Government Members; and

Whereas

, when Senator Donald Garrett took the Oath of Office, he swore to “… faithfully and honorably discharge the duties incumbent upon [him] as an officer of the Students to the best of

[his] ability.”; and

Whereas , The Student Body Constitution of George Mason University on cases of impeachment states, “Any elected or appointed official under the Student Government of George Mason

University can be impeached upon accusations hereby defined as alleged malfeasance , alleged corruption, alleged negligence, dereliction of duty, or alleged misconduct

.”

Therefore be it resolved, That Senator Donald Garrett be impeached from his position as a

Student Senator, with Impeachment proceedings taking place within 24 hours of this resolution being passed, if it is passed; and

Therefore be it further resolved, that the appropriate offices be notified within the University if he is found guilty by the EDC.

Passed the Student Senate: _______

Attest:

__________________________

Speaker: Tommy Lee

_______________________

Clerk: Elizabeth Baires

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