THE UNIVERSITY OF THE INCARNATE WORD CONSTITUTION OF THE STUDENT BODY PREAMBLE We, the Students of the University of the Incarnate Word in order to form an effective and efficient self-government, serving the collective interests of the University community, to prepare ourselves for effective living in a democratic society, and to encourage self-reliance in our search for truth and justice, do establish and endorse this Constitution for the University of the Incarnate Word Student Body Article I Establishment: The name of the governmental organization under this constitution shall be the University of the Incarnate Word Student Government Association. The Student Government Association shall be divided into executive and legislative branches, with neither branch exercising any power properly belonging to the other. Article II Membership Section 1. The Executive Council The Executive Council shall be composed of four elected officials and four appointed officers. The appointed officers are selected by newly elected executive officers in the spring of each academic year following elections for offices. Section 2. The Senate The Senate shall be composed of one representative designated by the Dean from each college or school (MSE, CHASS, DSE, HEBSA, NHP, GSR, SMD), three representatives from the freshman class, one senator from the international student body, one senator from the student-athlete population, four from the commuting populous, and four from the student residential body. Any non-appointed positions can be elected at the discretion of the Executive Council. Section 3. The House of Representatives The House of Representatives shall be composed of the elected or appointed representatives from every registered student organization. Section 4. Inauguration At inauguration, the President, the Vice President and the entire Executive Council shall take the following oath of office administered by any University administrator of the elect’s choice including the DUESP. "I solemnly swear that I will faithfully execute the office of Student Body [state your position], and will to the best of my ability uphold the Constitution and Rules of the University of the Incarnate Word Student Body, so help me God." Article III Executive Council Officers Section 1. Duties of the Executive Council The duties of the Executive Council shall be to address student concerns and issues, to execute all Student Government Association decisions, to appoint students to all committees and/or councils, and to act as student advocates to the administration for all student body business, as well as to provide leadership by enacting legislation which benefits the student body. Section 2. Elected Executive Officers: President, Vice President, Secretary and Parliamentarian A. President The President’s duties shall consist of serving as the chief student representative on all matters relating to the University including: answering questions from the public and student-body, facilitating and presiding over all executive and general meetings, representing the student body on the Board of Trustees, creating ad hoc and standing committees as necessary, appointing chairs to those committees with the advice and consent of the Executive Council, drafting the initial yearly SGA budget, and carrying out any other duties deemed necessary by the consensus of the Executive Council. 2 B. Vice-President The Vice-President’s duties shall consist of acting on behalf of the President if the President is unable to carry out his/her duties, appointing all committee assignments to officers, appointing senators and house members to committees, sitting on the Development Board, serving as the President of the Senate (Liaison), helping the President draft the yearly budget, and carrying out any other duties deemed necessary by the President. C. Secretary The Secretary’s duties shall consist of recording minutes of all Student Government Association meetings (executive, general, and special), distributing the minutes of the General Assembly to the student body via the SGA website, keeping files of all Student Government Association business and carrying out any other duties deemed necessary by the consensus of the Executive Council. D. Parliamentarian The Parliamentarian/Historian shall run and keep order at all meetings, keep an accurate roll of the Student Government Association membership, chair the Constitution and By-Laws committee, chair Executive Privilege proceedings, make the final determination on all matters concerning interpretation of the Constitution and By-Laws, and keep records of all Student Government Association events with the assistance of the appropriate chairperson. The Parliamentarian shall also serve as the House of Representatives Liaison; coordinate student organization registration in conjunction with the Student Organizations Coordinator, act as the advisor to the House of Representatives when questions arise regarding duties and procedures, manage the House budget in conjunction with the Executive Council Treasurer, and shall carry out any other duties deemed necessary by the consensus of the Executive Council. Section 3. Appointed Executive Officers: Chief of Staff, Treasurer, Attorney General and Director of Public Relations F. Chief of Staff (Appointed by the President) The Chief of Staff’s duties shall serve as an administrative assistant to the President. Responsibilities include keeping the President’s calendar, representing the President at meetings if necessary, coordinating with cabinet members, run the General Assembly in the absence of the Parliamentarian, act, serve as a liaison to the freshmen cohort (along with the three freshman senators), and any other duties deemed necessary by the Executive Council. 3 G. Treasurer (Appointed by the Elected Officers and confirmed by Senate) The Treasurer’s duties shall consist of managing the annual budget of the Student Government Association in conjunction with the Director of University Events and Student Programs (hereafter referred to as the DUESP) disbursing funds and allocations upon authorization of the Student Government and the DUESP, reconciling fund disbursement, keeping a record of receipts and transactions, settling affairs with the UIW Business Office, and carrying out any other duties deemed necessary by the consensus of the Executive Council. Candidates must be pursuing a career field relevant to the duties described above, and the appointed shall be confirmed by the incumbent Senate. H. Attorney General (Appointed by Elected officers) The Attorney General’s duties shall be composed of being the chief enforcer of all SGA policies. This includes but is not limited to: investigating how student organizations spend appropriations, investigating on-campus student issues (parking, food services, etc.), investigating disputes between the student body and administration, serving as the student representative on the University Planning Commission if called upon, compiling a monthly report for the President to present to the Board of Trustees, and any other duties deemed necessary by the Executive Council. I. Director of Public Relations (Appointed by the Elected Officers) The Director of Public Relations (DPR) shall be in charge of all social networking on behalf of SGA, routinely update and improve content of the SGA webpage, design original advertising for all campaigns/events, and shall carry out any other duties deemed necessary by the consensus of the Executive Council. Article IV Executive Privilege Section 1. Executive Privilege The Executive Privilege shall be defined as the exercise of voting privilege by the Elected Executive Officers of the Student Government Association when the Executive Council fails to reach a consensus. 4 Section 2. Invoking Executive Privilege When a consensus of the entire Executive Council cannot be reached, Executive Privilege may be called by any Elected Executive Officer. Invoking this privilege shall be considered only as a last resort and must meet with the approval of the Director University Events and Student Programs (DUESP). In order for the privilege to be invoked, each Executive Officer must be present. Each will cast a single vote, only on the issue of debate at hand, and a simple majority will decide the issue. Section 3. Process of Executive Privilege There will be a five-minute recess before the issue will be debated. For the debate, there will be one officer (elected or appointed) chosen to speak for and against the issue. The Parliamentarian will chair the proceedings. The Executive Officers will hear four one minute debates: A. One for the issue. B. One against the issue. C. And two rebuttals on the issue at hand. After the debate, all Executive Officers will vote and cannot abstain on the issue. Section 4. Breaking a Tie In the event a simple majority is not reached, the issue will then go back to the Executive Officers for another debate, as defined in Article IV, Section 3, with the Senate Chairperson present. No longer than one week after the Executive members have met and failed to reach a majority vote, another vote must be taken which includes the Executive Officers and the Senate Chairperson. A simple majority will decide the issue. Executive Privilege cannot be invoked again on the same matter. 5 Article V The Senate Section 1. Senators The Senate shall be composed of appointed Academic and Elected Class/Other Senators. A. Academic Senators The Dean of each academic college shall appoint one person to represent that college or school of the university. They shall be appointed no later than the sixth week of the first semester of the academic year. B. Class Senators The freshman shall have three representatives to represent their class under the supervision of the Chief of Staff and the Vice President. C. Other Senators Additionally, there will also be elections for one international student senator, one senator from the student-athlete populous, four senators for the student commuters, and three senators from students living on campus. The Vice President shall hold elections no later than the sixth week of the first semester of the academic year. In the event of no candidates, the directors of Residence Life, Athletics, and International Business shall appoint senators. It shall be the duty of the Vice President to find Commuter Senators in the absence of candidates. Section 2. Senate Governance The Vice President shall act as advisor, manage the budget, and set the agenda for Senate meetings and activities with the Senate Chairperson. The Vice President shall relay all information to and from the Executive Council at meetings. The Senate Chairperson shall preside over all meetings of the Senate. This individual shall be elected from the membership of the Senate Body by a plurality vote. There shall be one vote per member in the Senate. The Vice President shall only vote to break a tie. The Senate shall convene at least twice each semester and members shall participate in all Student Government Association General Assembly meetings. Each Senator is entitled to one vote at the General Assembly. Voting privilege at the Student Government Association General Assembly is restricted to those members appointed or elected to the Senate. In addition, no acting Senator may represent an organization at a General Assembly. 6 Section 3. Duties of Senators Each Senator shall act as the official representative of his/her constituency to the Student Government Association; provide an effective student voice in the formation of university policy; investigate matters pertinent to the well-being of the student body; be aware of and to inform the student body of events on the local, state, and national levels, which relate to their academic growth and knowledge; work closely with the faculty and administration in fostering mutual cooperation; and carry out the foregoing provisions and all other authority vested by and contained in the spirit of the constitution. Senators shall also plan and execute specific events given by the Executive Council and shall carry out other duties deemed necessary by the consensus of the Executive Council or the Senate. Section 4. Removal from the Senate If any senator is found to be in breach of his or her duties which are stated in the Constitution and the Bylaws, the following impeachment procedure can be implemented. A. The Vice President must submit in writing reasons for dismissal to DUESP and the Senator in question. B. The DUESP must agree in writing that these charges have merit for dismissal. C. If it is decided that the charges do merit dismissal, then a dismissal notice signed by both the Vice-President and the DUESP containing the reasons for dismissal will be sent to the Senator within five working days. In order to remove an Academic Senator from the Senate, the Vice-President must submit in writing reasons for dismissal to the DUESP and to the Dean of the respective school or college. A. The DUESP along with the said Dean must agree in writing that these charges merit dismissal before any action is taken. B. If it is decided that the charges do merit dismissal, then a dismissal notice signed by the Vice-President, the DUESP, and the respective Dean containing the reasons for dismissal will be sent to the Academic Senator within five working days. 7 Section 5. Appellate Process Once the dismissal letter has been sent to the Class Senator, the Senator in question has 5 working days to submit a written motion of appeal to the Executive Council. The Executive Council will then convene to consider the motion, during which time the Vice-President will have five minutes to deliver his or her opinion to the Executive Council. The Executive Council will be furnished with a copy of the dismissal letter from the DUESP. A vote then takes place to affirm or overturn the dismissal. In either case, a simple majority is needed in which the option to abstain from voting is not available. In addition, there is not an appellate process for Academic Senators. Article VI House of Representatives Section 1. Representatives The House of Representatives shall be composed of no more than two representatives from each registered student organization on campus. Section 2. House of Representative Governance The Parliamentarian shall act as advisor, manage the budget, and set the agenda for House meetings and activities with the House of Representative Chairperson. The House of Representatives Liaison shall relay all information to and from the Executive Council at meetings. The House of Representatives shall participate in Student Government Association General Assembly meetings regularly. Each student organization is entitled to one vote at the General Assembly. If for any reason, one House of Representatives member is representing more than one organization, that House of Representatives member will only be allowed to vote once. Section 3. Duties of Representatives The duties of the House of Representatives shall be to act as the official representative of his/her constituency to the Student Government Association; to provide an effective student voice in the formation of University policy; to investigate matters pertinent to the well-being of the student body; to be aware of and to inform the student body of events on the local, state, and national levels, which relate to their academic growth and knowledge; to work closely with the faculty and administration in fostering mutual cooperation; and to carry out the foregoing provisions and all other authority vested by and contained in the spirit of this constitution. Representatives shall also plan and execute specific events assigned by the Executive Council and shall carry out any other duties as deemed necessary by the consensus of the Executive Council or the House of Representatives. 8 Article VII Qualifications/Maintenance Requirements of Officers and Members Section 1. Elected Executive and Appointed Executive Officers All officers must be in good standing with the University of the Incarnate Word, must possess and maintain a minimum cumulative Grade Point Average of 2.6, and must begin their term with at least two full academic semesters remaining at the University of the Incarnate Word. The student in office must maintain a GPA of 2.5 each session (to include summer grades). The student must also be registered as a full time undergraduate or graduate at Incarnate Word. Section 2. The Senate Members Senate members must be in good standing with the University of the Incarnate Word, must possess and maintain a minimum cumulative Grade Point Average of 2.6, and must begin their term with at least two full academic semesters remaining at the University of the Incarnate Word. The student in office must maintain a GPA of 2.25 each session. The student must also be registered as a full time undergraduate or graduate at Incarnate Word. Section 3. Confirming Qualifications The DUESP will have the responsibility of confirming qualifications for each prospective member before election/appointment results may be finalized. Good standing is defined as academic and/or personal conduct congruent with the University of the Incarnate Word’s Student Code of Conduct. Section 4. Waiver of Qualifications Requirements The right to waive any requirements is reserved to a consensual decision by the Dean of Campus Life and the DUESP. There shall be no waivers for students not in good standing with the University of the Incarnate Word as defined in the section above. 9 Article VIII Terms of Office Section 1. Term of Office The term of office of newly elected officers begins after the graduation following the election in May. The term of office ends on the date of graduation at the end of the academic year in May. The only duties the new officers will be required to engage in before the training retreat pertains to the interviewing and selection of the appointed Executive Officers. The term of office of newly elected Senators shall begin on the date of the Senate and House training, which is held no later than one week after elections. The term of office ends on the date of graduation at the end of the academic year in May. Section 2. Resigning From Office A letter of resignation must be submitted two weeks prior to leaving to the Student Government Association Advisor (DUESP) and to the highest ranking Executive Officer. Article IX. Removal from Office Section 1. Impeachment In the interest of maintaining a responsible and cohesive governing body some attention must be given to the means by which an irresponsible party might be removed from office. A. Impeachment may only occur by vote within the General Assembly and with the approval of the DUESP. B. At General Assembly, any member of the General Assembly or Executive Council may raise charges of impeachment against a member of the Executive Council. C. If charges are brought, the highest-ranking member of the Executive Council who has not been accused will call for a vote in the General Assembly. D. The voting must be conducted by secret ballot. E. The counting will take place by the DUESP and the highest-ranking Executive Officer not being impeached. 10 F. The results of the count must be reported no later than the next General Assembly. The count must result in a 2/3 decision to continue the impeachment process. G. If achieved, the matter will be brought before the Student Conduct Review Council facilitated by the Dean of Campus Life. The hearing will follow standard SCRC guidelines. H. The DUESP will be considered as a “Friend to the Council.” “Friend of the Council” will give a testimony to the Student Conduct Review Council and will be able to seat in through the impeachment hearing. I. There is no appeal of this decision once rendered. Section 2. Immediate Dismissal The DUESP may, at any time, terminate the contract of any member of the Executive Council who fails to meet the qualifications as outlined in Article III Section13, Article VII Section 1, or the SGA expectations contract signed by each member. The DUESP will notify the officer in writing of their dismissal. The DUESP will notify all present Executive Council members of the dismissal and work with the remaining members to appoint a new officer. Appeals will be made to the Dean of Campus Life. The Dean of Campus Life will review the appeal and render appropriate action. 11 Article X Student Legacy Fund Appropriations and Governance The Student Legacy Fund, as approved in the fall of 2013 by SGA, The Student Body, and the Board of Trustees, will be appropriated and governed in the following manner: Section 1. Appropriation 1. Student Organizations –------------------------------------------------------ 32.5% a. Student Organization Appropriations –------------- 38.5% i. 1st 25 to renew ---------------2% (each) ii. 2nd 25 to renew --------------1% (each) iii. Remainder ------------------- 0.5% (each) b. Senate Stipends ----------------------------------------- 7.5% i. 20 Senators------------------5% (each) c. Graduate and Professional Student Association ---15.5% d. Increase SGA Budget ----------------------------------38.5% 2. Environmental Sustainability ------------------------------------------------- 20% a. Department of Sustainability ------------------------ 100% i. 5 Student Scholars -----------6.25% ii. Coordinator -------------------6.25% iii. Projects ------------------------87.5% 3. Student Wellness ---------------------------------------------------------------- 20% a. General Improvements-------------------------------- 100% i. i.e. Rockwall, B-Cycle, Rec Sports, etc. 4. Education Enhancement ------------------------------------------------------- 20% a. 24/4 Library--------------------------------------------- 80% b. CCL Study Immersion--------------------------------- 10% c. Other------------------------------------------------------10% 5. SGA Endowment --------------------------------------------------------------- 7.5% a. Investments i. i.e. Co-op, Stocks/Bonds, Real Estate, Credit Union, etc. 12 Section 2. Governance 1. 2. 3. 4. Funds will be managed by SGA* All budgets will be published on www.UIW.edu/SGA Spending will be approved by a simple majority at SGA General Assemblies Affected Department Director, 1 EC Officer, and 5 Senators will make up the directing board of each category** a. Student Organizations – Paul Ayala b. Environmental Sustainability – Coordinator (TBD) or Phil Lopes c. Student Wellness – Scott Leblanc d. Education Enhancement – Cheryl Anderson e. Endowment – Dr. Agnese/Jurenovich 5. Any funds unused at the end of the academic year will go into the Endowment Fund. 6. Renewal, Increase, and Dissolution a. Every 3rd year the student body will be polled to; i. A) Maintain the current fee ii. B) Raise the fee b. Voting Years i. Fall 2017, Fall 2020, etc. c. Dissolution i. If the endowment interest rate ever accrues more than the fee generates, then the fee can be dissolved. *SGA is a branch of Campus Life, which falls under the Vice President of Enrollment Management and Student Services. SGA will continue to collaborate with the SGA advisor and all affected departments when utilizing the funds. **The Endowment Board will be co-chaired by the Past-President and Past-VP. The entire Executive council will comprise the additional members of the board. In the event that the Past-President and Past-Vice President are unable to chair the Endowment Board, then the current President and Vice President will chair the board. 13