CONSTITUTION

OF THE

STUDENT GOVERNMENT ASSOCIATION

OF SHEPHERD UNIVERSITY

 REVISED NOVEMBER 2004

 

PREAMBLE

 

e, the Student Government Association, in order to establish a more effective and representative student government, to encourage interest and participation in responsible student government, to protect the rights of students, and to initiate, direct, and promote students’ activities designed to enhance the welfare of the entire student body, do establish and ordain this Constitution.

 

ARTICLES

 

Article I            Name

Article II           Governing Power

Article III         Student Bill of Rights

Article IV         Legislative Branch

Article V          Executive Branch

Article VI         Election Procedure

Article VII        Amending Procedure

Article VIII       Ratification

 

Article I – Name

 

Section 1. The governmental organization of the students of this institution shall be known as the Student Government Association of Shepherd University (SGA).

 

Section 2. Any regularly enrolled students of Shepherd University shall be members of the Student Government Association, but only those serving as senators in this body will have a voting seat.

 

 

Article II - Governing Power

 

Section 1. The Student Government Association shall be divided into three departments: Executive, Legislative, and Judicial, which shall be separate and distinct.

 

Section 2. The three departments shall be called the Executive Board, the Student Senate, and the Campus Judicial Board.

 

 

Article III - Student Bill of Rights

 

Section 1. The student has the right to be considered in for membership in any student organization or group without regards to race, age, gender, sexual orientation, handicap, nationality, religious or political beliefs.

 

Section 2. The student is guaranteed all rights given to him or her in the United States Constitution, Bill of Rights, by the state of West Virginia and the Shepherd University Student Handbook.

 

Section 3. The student has the right to petition the Student Government Association for consideration of policies.

 

Section 4. The SGA may not review a student’s academic, personal, or disciplinary record without written permission from the same student.

 

Section 5. The student has the right to appear before the Senate regarding any matter under consideration by the Senate, subject to Senate rules.

 

Section 6. The student has the right to establish a free press and publish in any medium, free from censorship or other official action intended to control content, or edit policy or content by any person; to form, join and participate in any group for any legal purpose, and the right to use campus facilities in accordance with institutional guidelines.

 

Section 7. The student has the right to petition the Student Government Association for any new right to be guaranteed by the Student Bill of Rights, or cessation of a violation of right guaranteed by the Student Bill of Rights.

 

 

Article IV - Legislative Branch

 

Section 1. The legislative power of the Student Government Association shall be vested in the Student Senate.

A. A duly constituted meeting will occur when a quorum, being two-thirds of the regular membership of the Senate, is present.

B. The Senate shall enact no legislation or pass any motions unless a quorum is present.

C. The Senate will operate under Robert’s Rules of Order.

 

Section 2. The internal powers enumerated to the Student Senate.

A. To enact legislation in support of the best interests of the entire student body.

B. To pass by a majority vote of all members of the Senate any motion discussed on the floor.

C. Student Government Association budget and appropriations to Student Activities and Co-curricular Activities must be approved by a two-thirds majority vote of all members of the Student Senate.

D. To override the Presidential veto by a two-thirds majority vote of those present at a duly constituted meeting of the Senate.

E. Approve by a majority vote any appointment made by the President.

F. Remove by a two-thirds majority vote, for any cause, any person appointed by the President.

G. Determine rules for governing its meetings, punish members, and if necessary by a two-thirds majority, vote to expel a member.

H. Establish all committees necessary to serve at the will and necessity of the Senate.

 

Section 3. The external powers enumerated to the Student Senate.

A. Work with the administration of the University in establishing rules and regulations governing student life.

B. The right to request and receive information or explanation on any subject the Senate deems pertinent to Student Life and to present recommendations to the administration and faculty.

C. Assist and advise the University in preparing any literature, including but not limited to the University Handbook, Student Handbook, or any other publication which may directly affect student welfare.

D. Call meetings of the student body or any part thereof when such meetings shall be deemed necessary.

E. Recognize all campus organizations if they meet the criteria established by the institution and the Student Government Association.

F. Penalize any recognized organization, which is a member of the Senate and refuses to abide by the rules and regulations of the Student Government Association.

1. By a two-thirds vote of the Senate, revoke an organization's seat in the Senate and all the rights and privileges included.

2. By a two-thirds vote of the Senate, an organization whose seat was revoked may be declared ineligible for future benefits until the seat is restored.

 

Section 4. The Composition of the Student Senate.

A. Any recognized student organization on the Shepherd University campus may be granted a seat if it so desires, providing the organization meets rules established by the Student Government Association and has been recognized by the Student Government Association.

B. Providing an organization fulfills the requirements for recognition set down by the Student Government Association, the organization will then be considered for recognition by the Senate. A two-thirds majority vote will be required to recognize an organization, and upon recognition of the organization, the organization’s Senator will be granted all rights vested in the Student Government.

 

Section 5. Senator qualifications.

A. Any member of a recognized organization may be eligible to be a Senator for that organization providing they carry a full course load of at least twelve credit hours and have a 2.2 overall Grade Point Average.

B. All senators shall serve for at least one semester. If the organization they represent wishes to recall, terminate, or otherwise end a Senator’s term, the organization must give notice to the Student Government Association President, and replace them with a individual qualified according to Article IV, Section 5, Sub-section A.

 

 

Article V - Executive Branch

 

Section 1. Powers of the President.

A. The Executive Power of the Student Government Association shall be vested in the President who will be the official representative of the Student Government Association.

B. The President shall have the power and the authority to enact all resolutions, make all appointments, present all recommendations, and allocate all appropriations deemed necessary.

C. The President shall be the ex officio member of all committees established by the Student Government Association.

D. The President shall preside at meetings of the Senate.

E. The President will only have a vote if a vote is needed to break a tie.

F. The President shall have the power to execute policies of the Senate.

G. The President shall have the power to call sessions of the Senate at any time it is deemed necessary.

H. The President shall have the power to veto acts of the Senate, but such veto may be overridden at any time by a two-thirds majority vote of senators present at a duly constituted meeting.

I. The President shall have the power to formulate policy and suggest it to the Senate.

J. All appointees of the President shall serve at the will and pleasure of the President and may be removed by the President for any reason, after the President first notifies the Senate.

K. The President may call a conference of all organizational Presidents when deemed necessary.

L. The President shall appoint the Executive Board, which will consist of the Secretary, Treasurer, Advocate for Diversity, External Affairs Officer, and Parliamentarian.

 

Section 2. Powers of the Vice-President.

A. The Vice-President shall assume the powers and responsibilities of the President upon the absence or inability of the President of the Student Government Association to preside at any meeting of the Senate.

B. The Vice-President may waive the responsibility of presiding over the Senate in the President’s absence to another member of the Executive Board.

C. The Vice-President shall be ex officio of any committees established by the Senate.

D. The Vice-President shall be the student representative to the Shepherd University Board of Governors as well as the West Virginia Advisory Council of Students.

E. If the President of the Student Government Association is unable to complete his or her term of office, the Vice-President will become President for the remainder of the term of office. The new President shall nominate a new Vice-President, who is eligible according to Article V, Section 3. The nominee shall be subject to approval of the Senate. A two-thirds vote of those present at a duly constituted meeting of the Senate is needed for confirmation. If the Senate rejects the nominee, the process of nomination and confirmation begins again.

 

Section 3. Officer Qualifications.

A. Candidates for President or Vice-President must have completed at least two regular semesters at Shepherd University.

B. All officers must carry a full course load of at least twelve credit hours and have a cumulative grade point average of 2.5.

 

Section 4. Impeachment Procedure.

A. The President and/or Vice-President of the Student Government Association can be removed from office by three-fourths majority of the Senate membership voting on a petition of one-third of the students at Shepherd University.

B. If the President alone is removed from office, refer to Article V, Section 2, Sub-section E. If the Vice-President were removed, the President shall appoint a new Vice-President qualified as specified in Article V, Section 3; this individual is subject to approval of the Senate by a two-thirds majority vote. However, if both parties are removed, new elections must occur and the new board must be installed and fully functional within two weeks.

 

 

Article VI - Election Procedure

 

Section 1. An appointed Election Committee shall run elections.

A. The election committee is required to publicize, regulate, and hold all campus wide elections under the election rules established by the Senate.

B. No person who is a candidate in an election may serve on the Election Committee that oversees the same election.

 

Section 2. President and Vice-President Elections.

A. Elections must be held by the second week after Spring Break. The new executive board must be installed and fully functional for minimum of two meetings before the end of the academic year.

B. If there are no candidates for the offices of President and Vice-President, the Senate shall nominate at least two qualified candidates for each office.

 

 

Article VII - Amending Procedure

 

Section 1. The following may initiate amendments to the Student Government Association Constitution:

A. A two-thirds vote of the Senate at a duly constituted meeting, or

B. A petition signed by no less than five percent of the Student Body, or

C. The Executive Board.

 

Section 2. An amendment shall be effective when ratified by simple majority of those voting in a campus-wide election.

 

 

Article VIII - Ratification

 

Section 1. This Constitution shall take effect immediately upon ratification by a majority of those voting in a campus-wide election.

 

Section 2. Effects of the Ratification of Student Government Association Constitution.

A. The Constitution shall supersede, replace, and make null and void any conflicting policies formerly held by the Shepherd University Student Government Association and all previous Constitutions of the student body of Shepherd University.

B. Current officers as well as current members of the Senate shall remain in their positions.

C. The Student Government Association Constitution supersedes all other organizational constitutions, provided that the organization is a member of the Student Senate and/or is recognized by the Shepherd University administration.

 

Original text approved April 2001, revised November 2004, ratified March 2005.