Proposed Amendments to the SGA Constitution

Students,

On February 22nd and 23rd, you will not only be given the opportunity to elect new officers to the Student Government Association, but will also have the opportunity to vote on the purposed amendments to the SGA Constitution. The purposes changes are as listed below:

Article III section C: If a senator is removed from office by the SGA Judicial Committee or as a result of their University Judicial Standing that Senator will be barred from holding a position on the Senate for one year from the date of their infraction.

Article V section B subsection iv: Nominees for all joint faculty-student committees, all vacant positions of the Senate and the Honor Board must be confirmed by a simple majority vote of the Senate.

Article V section B subsection v: The President of the SGA is required to submit a legislative presidential appointment to the Vice President of the SGA two weeks before the meeting in which the nominee’s confirmation hearing will take place.

Article VI section B subsection a: The Executive Council shall consist of the Chief of Staff, the Speaker Pro Tempore, the Assistant Treasurer, and the Assistant Secretary.

Article VI section B subsection b clause iv: The Assistant Secretary shall be both a member of the Senate and selected by the Executive Secretary with subsequent approval from the Senate.

Article VI section C subsection a clause viii: Shall be appointed by the Executive President and serve at the discretion of the Executive President.

Article VI section C subsection a clause ix: Shall serve at the will of the Executive President and therefore may be removed from the position at the discretion of the Executive President.

Article VI section C subsection a clause x: Shall serve in conjunction with the Executive President’s term.

Article VI section C subsection b clause vi: Shall be appointed by the Executive Vice President and serve at the discretion of the Executive Vice President.

Article VI section C subsection b clause vii : Shall serve at the will of the Executive Vice President and therefore may be removed from the position at the discretion of the Executive Vice President.

Article VI section C subsection b clause viii: Shall serve in conjunction with the Executive Vice President’s term.

Article VI section C subsection c clause v: Shall be appointed by the Executive Treasurer and serve at the discretion of the Executive Treasurer.

Article VI section C subsection c clause vi: Shall serve at the will of the Executive Treasurer and therefore may be removed from the position at the discretion of the Executive Treasurer.

Article VI section C subsection c clause vii: Shall serve in conjunction with the Executive Treasurer’s term.

Article VI section d: Assistant Secretary
i. Shall meet with the Executive Secretary as mandated in the Senate Bylaws each year.
ii. Shall be the Assistant Chair of the Homecoming Committee.
iii. Shall help the Executive Secretary to plan, organize and carry out a successful Homecoming week.
iv. Shall assist with the minutes and attendance of the Senate meetings in the absence of the Executive Secretary.
v. Shall be appointed by the Executive Secretary and serve at the discretion of the Executive Secretary.
vi. Shall serve at the will of the Executive Secretary and may be removed from the position at the discretion of the Executive Secretary.
vii. Shall serve in conjunction with the Executive Secretary’s term.

Article VII section D: The Committee chairs are appointed by the Executive Vice President and may be removed at the discretion of the Executive Vice President.

Article VII section E: The Committee chairs serve a term of one senate year.

The following section has been stricken from the Constitution since the Acorn Committee no longer exists.

Article VII section h: Acorn Committee: This committee will be responsible for all fundraising and administrative actions in relation to the Acorn Society.
i. The At-Large Council Liaison shall serve as chair of the Acorn Committee.
ii. This committee will look at ways of raising money for the Acorn Society.
iii. This committee will be responsible for deciding who will receive the scholarships from the fundraising.

Article X section a: The Bylaws of the SGA shall consist of the following:
a. The Senate Rules
b. The Treasurer’s Manual
c. The Senate Dialogue
d. Judicial Manual
e. Elections Packet
f. Homecoming Packet

Article XII section a subsection a: The SGA senate shall have the authority to take any disciplinary action that it deems necessary, up to and including removal from office against any senator or executive officer following the due process procedures outlined in the SGA Senate Judicial Manual.

Strike Article XII sections B through D, these sections have been added to the purposed SGA Senate Judicial Manual.
B. Charging and Notification
a. An Accusation of Wrongdoing or Neglect of Senatorial or Executive Duties shall begin with a formal statement of charges presented to the Chair of the SGA Judicial Committee by any Elon University:
1. Faculty
2. Staff member
3. Student in good standing.
b. The statement of charges shall identify the senator or executive officer being accused, and shall give a brief explanation of the charges being brought against the accused.
i. This notification shall come through:
1. Elon e-mail
2. Through a letter to the accused campus box
2. The chair of the SGA Judicial Committee shall present a written Notification of Charges no later then four academic days after the chair has been notified.
i. This notification of charges shall be signed by the accused, however failure to sign the charges shall have no bearing on their validity.
ii. The minimum standard by which to notify the accused shall be notification by on-campus mail, and notification through their e-mail address on file with the Executive Secretary of the SGA.
a. The SGA Judicial Committee shall inform the Senate body of the charges being brought at the first Senate meeting following the receipt of the Notification of Charges by the Chair of the SGA Judicial Committee.
C. Preliminary Hearing
a. For the Preliminary Hearing the Senate body shall elect a Senator with no vested interest to serve as the Charging Advocate and one to serve as defending advocate for the pending proceedings.
i. The Charging Advocate shall present the charges at the Preliminary Hearing, and if necessary the Formal Hearing.
ii. The Accused may select a member of the Senate Body as a Defending Advocate for the Preliminary Hearing.
iii. The Defending Advocate must be appointed before the Preliminary Hearing, and must be recognized by the Judicial Committee of the SGA.
iv. If the Accused fails to appoint a defending advocate by the Preliminary Hearing, the Accused loses his or her right to a Defending Advocate for the remainder of the proceedings.
b. Members of the Judicial Committee or Executive Officers may not serve as either the Charging Advocate or Defending Advocate.
c. The SGA Judicial Committee will conduct a Preliminary Hearing within one week of the presentation of the notification of charges to the senate body.
d. At this Preliminary Hearing, the Judicial Committee will hear a presentation of the charges and a rebuttal of the charges by the Accused, at a place and time to be determined by the SGA Judicial Committee.
e. The purpose of the Preliminary Hearing shall be to determine if a formal hearing is necessary, and if warranted, dismiss an accusation of wrongdoing or neglect by issuing a letter of reprimand to be given to the Accused and the Executive Secretary of the SGA.
i. The Executive Secretary will be responsible for the custody of the letter of reprimand, (and will forward it to the chair of the Judicial Committee of the SGA).
f. If the Judicial Committee deems a formal hearing necessary, a place and time for said hearing is to be determined by the Judicial Committee chair.
i. The formal hearing shall be held no later than two weeks from the date of the Preliminary Hearing.
g. The Chair of the Judicial Committee of the SGA shall be responsible for posting the place and time of the Formal Hearing to the Senate Body no less than three academic days prior to the hearing
D. Formal Hearing
a. A quorum of the Senate body membership shall be present in order for the Formal Hearing to proceed.
i. If a quorum of the Senate body is not present, the Formal Hearing must be rescheduled for a date within a two-week period of the original Formal Hearing date.
b. The Formal Hearing Body is comprised of the entire Senate body, the Judicial Committee, the Accused, the Charging Advocate, and the Defending Advocate, with the Executive Officers as Ex-Officio Members, and shall be chaired by the Chair of the SGA Judicial Committee.
c. The Formal Hearing shall be held in closed session, and will not be opened to any other members of the community without unanimous approval of the Formal Hearing Body, including the Accused and the Judicial Committee of the SGA.
d. The Formal Hearing shall begin with the presentation of the Notification of Charges by the Charging Advocate.
e. A rebuttal by the Accused and the defending advocate shall follow.
f. Both parties may receive and present letters of support or opposition for the Accused to the Chair of the Formal Hearing, who will then decide whether they may or may not be considered by the Formal Hearing Body.
g. The Judicial Committee of the SGA shall then conduct a question and answer session before the Formal Hearing Body.
i. Any member of the Formal Hearing Body may ask or answer questions in this session.
h. The Accused, the Defending Advocate and the Charging Advocate shall leave the room as the Hearing Body adjourns for closed discussion.
i. A two-thirds majority vote of Senators shall be required to find the Accused responsible of the charges presented.
ii. Furthermore, a two-thirds majority vote of those Senators present and voting shall be required to implement any disciplinary action against the accused, including, but not limited to, dismissal from their position with the Student Government Association.
i. The Chair of the Judicial Committee shall be responsible for any and all issues relating to voting, quorum, and parliamentary procedure during the Preliminary Hearing and the Formal Hearing.
j. The opinion offered by the Formal Hearing Body shall be considered binding and official.
k. The Judicial Committee shall then submit to the SGA Senate Archives a formal written statement detailing the Formal Hearing proceedings and decisions rendered to the SGA Executive Secretary within one week of the conclusion of the Formal Hearing.
l. In the event that the Judicial Committee Chair is the Accused, the SGA Speaker Pro Tempore shall appoint a member of the Judicial Committee to serve as Chair.
i. The Accused Chair shall step down from that office for the duration of the Hearings and is subject to the final decision of the Hearing Body.
ii. In the event that a member of the Judicial Committee is the Accused, the Judicial Committee Chair shall appoint a member of the SGA to fill any vacancies on the Judicial Committee left by the Accused.