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Constitution

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The Constitution of the Student Body
Of
The University of North Carolina at Asheville
For the Establishment
Of
The Student Government Association

We the students of The University of North Carolina at Asheville, acting in the belief that the student is the basis of the University, and that all students have the right to fair and equal representation, do hereby ordain and establish this Constitution for the Student Body of The University of North Carolina at Asheville.

Article I
Affirmation of Student Rights

Section 1. Students shall have the right of free expression. This shall include but not be limited to, the freedoms of speech, religion, press, peaceful assembly, petition and choice of personal appearance.

Section 2. Students shall have the right to pursue an education to the best of their abilities and shall not be withheld this right without legal justification and due process.

Section 3. Students shall have the right to inquire about all University policies and of their origin.

Section 4. [1] Students shall have the right to form officially recognized organizations within the guidelines of the University.

[2] Students shall also retain the right to apply for admission to any student organization free from discrimination given that they meet the organizations stated official qualifications.

Section 5. Students shall retain the right to read, rest and study free from undo interference. They shall have the right to their personal belongings and personal privacy.

Section 6. All rights shall not be construed to deny or infringe upon other rights retained by the students.

Section 7. In the case that any student's rights are violated, they shall retain the right to use all legal means available to redress the grievance in all matters.

Section 8. The Student Body shall have the right to form a government to preserve and protect the rights guaranteed in this Constitution.

Article II
Derivation and Delegation of Power

Section 1. There shall be a Student Government Association of the Student Body of The University of North Carolina at Asheville. This self-governing structure derives its power and authority from the Board of Trustees and the Chancellor of the University under provisions of the Board of Governors and the North Carolina General Assembly. The Student Government Association shall at all times retain the right to appeal directly to the Chancellor and then to the Board of Trustees of the University.

Section 2. The purpose of the Student Government Association shall be to represent and protect the rights of individuals, groups and organizations of the Student Body in all matters concerning the University.

Section 3. In order for the Student Government Association to achieve its purpose, two distinct and separate branches shall be formed: the Legislative and the Executive. These branches shall create a balance of power, which shall not be altered by any individual holding an office in more than one branch.

Article III
The Legislative Branch

Section 1. The sole power of the Legislative Branch shall be vested in a Student Senate.

Section 2. [1] The Student Senate shall be composed of eighteen Senators: three Senators from each of the Senior, Junior, Sophomore, and Freshman academic class as well as three Senators from each of the commuter and residential classifications.

[2] There shall be a Vice President of the Student Body who shall preside over the Student Senate and shall not cast a vote unless it is equally divided.

[3] There shall be a President Pro Tempore and Sergeant at Arms appointed by the Student Senate from within its membership. The Student Senate shall also appoint from within its membership a Legislative Librarian who shall maintain the propriety of the legislative process and shall serve as archivist.

[4] A) There shall be three standing committees from the membership of the Student Senate. Each standing committee shall consist of an equal number of Senators. Each Senator shall serve on only one standing committee.

B) The Committee on Academic Affairs shall study, investigate and report on all academic matters concerning the Student Body.

C) The Committee on Aesthetic Affairs shall study, investigate and report on all matters concerning the ecology, physical structure and aesthetic matters of the University.

D) The Committee on Student Affairs shall study, investigate and report on all matters concerning the co-curricular aspects of student life.

E) The standing committees shall be headed by a chair who is a member of the Student Senate and shall be appointed by the Vice President of the Student Body. Each committee shall meet at least once every other week during the academic year.

[5] The Student Senate shall meet at least once a week except for those weeks which the Vice President of the Student of the Student Body deems necessary with the consent of the Student Senate.

[6] The Student Senate shall not be able to convene if a quorum of two thirds of its members are not present. The location and time of the Student Senate shall be determined by the Vice President of the Student Body. The Student Senate shall determine the rules of its proceedings.

[7] A) All Senators shall be students at the University of North Carolina at Asheville and shall be elected by the members of their appropriate academic class and residential classification.

B) All Senators shall have attained either their appropriate academic class and/or residential classification by the beginning of the Fall Semester after their election.

C) Senators shall have and maintain a minimum of a 2.0 cumulative grade point average. Senators in their first semester at The University of North Carolina at Asheville shall not be required to meet this stipulation. A Senator must also maintain and complete a minimum course load of at least six semester hours while in office.

D) Each Senator shall serve a term of one calendar year or until a sucessor is installed.

E) Each Senator shall have one vote

F) The Student Senate shall have the power:

To approve all appointments originating from the President of the Student Body, the Vice President of the Student Body and the Student Senate by a majority vote on those Senators present.

To approve or deny the recognition of student groups as official University organizations on the basis that the groups do discriminate on the basis of race, gender, religion, national origin or sexual orientation by a majority vote of those Senators present;

To approve formal resolutions necessary and proper to promote the general welfare of the Student Body, by a two-thirds majority vote of those Senators present;

To approve the proposed budget of the Student Government Association prior to the funding by the University through established procedures, by a two-thirds majority vote of those Senators present.

To enact and amend The Student of Government Association By-Laws for the orderly conduct of its business by a two-thirds majority vote of the entire membership of the Student Senate;

To impeach and convict any member of the Student Government Association by two-thirds majority vote of the entire membership of the Student Senate. Impeachment shall fall under the pretenses of malfeasance, misfeasance and/or nonfeasance. Judgement in cases of impeachment shall not extend further than immediate removal from office and disqualification to hold any office of honor, profit or trust in the Student Government Association.

To override a presidential veto by two thirds majority vote of those Senators present for all legislation originally passes by a majority vote and to override a presidential veto by three fourths majority vote of those Senators present for all legislation originally passes by a two thirds majority vote;

To make all student laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the Student Government Association by a majority vote of those Senators present.

G) Senators shall receive a stipend which shall be approved by the Student Senate by a majority vote of those Senators present.

H) In the event that the office of Senator is vacated for any reason, it shall be the duty of the Vice President of the Student Body to appoint an individual of appropriate academic class or residential classification to the vacated office.

Article IV.
The Executive Branch

Section 1. The Primary Power of the Executive Branch shall be vested in the President of the Student Body. All subsequent powers shall rest in the Vice President of the Student Body, the Executive Staff and the Elections Staff.

Section 2. The Executive Branch shall be composed of the President of the Student Body, the Vice President of the Student Body, the Executive Staff, the Clerical Staff and the Elections Staff.

Section 3. The Executive Cabinet shall be composed of the President of the Student Body, the Vice President of the Student Body, the Office Manager and the Executive Staff. The Executive Cabinet shall meet at least every two weeks except for those weeks which the President of the Student Body deems necessary.

Section 4. [1] The President of the Student Body shall be a student at The University of North Carolina at Asheville and shall be elected by the Student Body at large.

[2] The President shall be of at least junior standing by the beginning of the Fall Semester following election.

[3] The President of the Student Body shall have attended The University of North Carolina for at least two consecutive semesters, excluding all summer sessions, prior to the semester elections are held.

[4] The President of the Student Body shall have and maintain a minimum of a 2.0 cumulative grade point average and must also attain a complete a minimum course load of at least six semester hours per semester while in office.

[5] The President of the Student Body shall serve a term of one calendar year or until a successor is installed.

[6] The President of the Student Body shall have the power:

A) To accept of veto, by signature, all legislation passe by the Student Senate. If the President of the Student Body chooses to veto legislation passes by the Student Senate, that legislation shall be returned along with the objections of the President of the Student Body to the Student Senate. If the President of the Student Body does not exercise this power within ten academic days after having received the legislation, it shall automatically become student law.

B) To appoint all non-elected positions as prescribed and not in conflict with this document, as well as any other posts deemed necessary.

C) To appoint member to other University committees and boards as needed by the University.

D) To call special sessions of the Student Senate as deemed necessary.

E) To call and preside over the Executive Cabinet Meetings and to enforce the rules of its proceedings.

[7] The President of the Student Body shall be required

A) To call sessions of the Executive Cabinet as prescribed in the Constitution.

B) To deliver to the Student Government Association information on the State of the University and to recommend such measures as shall be judges necessary. This shall be done each semester while in office

C) To monitor the academic progress of all members of the Student Government Association in accordance with the standards set forth in this Constitution.

D) To fulfill the responsibility of ex-officio membership to The University of North Carolina at Asheville Board of Trustees as prescribed by The University of North Carolina Board of Governors and the General Assembly of the State of North Carolina.

E) To faithfully administer, at all times, this Constitution, the student laws and regulations of the Student Government Association and to accurately represent the Student Government Association and the Student Body in all matters.

[8] The President of the Student Body shall receive a scholarship which shall be approved by the Student Senate by a majority vote of those Senators present.

[9] In the event that the office of President of the Student Body is vacated for any reason, the Vice President of the Student Body shall immediately assume all responsibilities and duties of said office.

Section 5. [1] The Vice President of the Student Body shall be a student at The University of North Carolina at Asheville and shall be elected by the Student Body at large.

[2] The President shall be of at least junior standing by the beginning of the Fall Semester following election.

[3] The Vice President of the Student Body shall have attended The University of North Carolina at Asheville for at least two consecutive semesters, excluding all summer sessions, prior to the semester elections are held.

[5] The President of the Student Body shall serve a term of one calendar year or until a successor is installed.

[6] The Vice President of the Student Body shall have the power:

A) To preside over the Student Senate and enforce the rules of its proceedings.

B) To call sessions of the Student Senate when deemed necessary subsequent to those sessions prescribed by the Constitution.

C) To determine when all legislation shall be presented to the Student Senate.

D) To appoint an individual to the office of Senator in such cases where said office has been vacated for any reason.

E) To appoint all Student Senate standing committee chairs.

F) To assign each Senator membership in Student Senate standing committees as well as to remove each Senator from Student Senate standing committees as deemed necessary.

[7] The Vice President of the Student Body shall be required:

A) To call sessions of the Student Senate as prescribed in this Constitution.

B) To forward all legislation passed by the Student Senate to the President of the Student Body within five academic days following passage.

[8] The Vice President of the Student Body shall receive a scholarship which shall be approved by the Student Senate by a majority vote of those Senators present.

[9] In the event that the Office of the Vice President of the Student Body is vacated for ant reason, the President Pro Tempore of the Student Senate shall immediately assume all responsibilities and duties of said office. At such time the Student Senate shall elect a new President Pro Tempore from its membership. The new Vice President of the Student Body shall them immediately shall appoint an individual student to assume the Senate seat vacated by the former President Pro Tempore.

Section 6. [1] The Executive Staff shall consist of those Executive Assistants deemed necessary each administration by the President of the Student Body with consent of the Student Senate.

[2] All Executive Assistants shall be students at The University of North Carolina at Asheville and shall be appointed by the President of the Student Body.

[3] All Executive Assistants shall have attended The University of North Carolina at Asheville for at least one semester prior to appointment confirmation by the Student Senate.

[4] All Executive Assistants shall have and maintain a minimum of a 2.0 cumulative grade point average and must also attain a complete a minimum course load of at least six semester hours per semester while in office.

[5] Each Assistant shall serve a term of one calendar year or until a successor is installed.

[6] Each Executive Assistant shall be required:

A) To execute specific duties as prescribed by the President of the Student Body.

B) To advise and inform the President of the Student Body on all relevant matters of the office as deemed appropriate.

[7] All Executive Assistants shall receive a scholarship which shall be approved by the Student Senate by a majority vote of those Senators present.

[8] In the event that the office of any Executive Assistant is vacated for any reason, it shall be the responsibility of the President of the Student Body to appoint an individual to the vacated office.

Section 7. [1] The Clerical Staff shall consist of the Office Manager.

[2] A) The Office Manager shall be a student at The University of North Carolina at Asheville and shall be appointed by the President of the Student Body.

C) The Office Manager shall have attended The University of North Carolina at Asheville for at least one semester prior to appointment confirmation by the Student Senate.

D) The Office Manager shall have and maintain a minimum of a 2.0 cumulative grade point average

E) The Office Manager shall serve a term of one calendar year or until a successor is installed

F) The Office Manager shall have the power:

To call and preside over all Student Government Association Budget Committee Meetings and enforce the rules of its proceedings. The Budget Committee shall consist of the President of the Student Body, the Vice President of the Student Body and another person deemed necessary by the Office Manager. The Student Government Association Budget Committee shall develop and periodically review The Student Government Association fiscal budget.

G) The Office Manager shall be required:

To coordinate the maintenance and operation of the Student Government offices in cooperation with the Legislative and Executive branches.

To coordinate the maintenance, operation and disbursement of Student Government financial accounts and budgets in cooperation with the President of the Student Body.

Too keep records of attendance, accurate minutes and any other records of the Executive Cabinet and Student Senate.

G) The Office Manager shall receive a scholarship which shall be approved by the Student Senate by a majority vote of those Senators present.

H) In the event that the office of Office Manager is vacated for any reason, it shall be the responsibility of the President of the Student Body to appoint an individual to the vacated office.

Section 8. [1] The Elections Staff shall consist of the Elections Commissioner and the Elections Commission.

[2] A) The Elections Commissioner shall be a student at The University of North Carolina at Asheville and shall be appointed by the President of the Student Body.

B) The Elections Commissioner shall have attended The University of North Carolina at Asheville for at least one semester prior to appointment confirmation by the Student Senate.

C) The Elections Commissioner shall have and maintain a minimum 2.0 cumulative grade point average. Furthermore the Elections Commissioner shall not be a candidate nor support any candidate in any way while holding this office.

D) The Elections Commissioner shall serve a term of one calendar year or until a successor is installed

E) The Elections Commissioner shall have the power:

To call and preside over the meetings of the Elections Commission and to enforce the rule its proceedings.

To investigate and report campaign impropriety at such times when necessary.

F) The Elections Commissioner shall be required:

To coordinate all elections of the Student Government Association of The University of North Carolina at Asheville.

G) The Elections Commissioner shall receive a scholarship which shall be approved by the Student Senate by a majority vote of those Senators present.

H) In the event that the office of Elections Commissioner is vacated for any reason, it shall be the responsibility of the President of the Student Body to appoint an individual to the vacated office.

[3] A) The Elections Commission shall consist of eight student members and the Elections Commissioner

B) The Elections Commissioner shall be the presiding office of the Elections Commission, but shall not cast a vote unless the Commission is equally divided.

C) The Elections Commission shall meet at intervals determined by the Elections Commissioner.

D) All members of the Elections Commission shall be students at The University of North Carolina at Asheville and shall be appointed by the President of the Student Body.

E) All members of the Elections Commission shall have and maintain a minimum of a 2.0 cumulative grade point average. Furthermore, no member of the Elections Commissions shall be a candidate nor shall they support any candidate in any way while holding this office.

F) Each member of the Elections Commission shall serve a term of one calendar year or until a successor is installed.

G) The members of the Elections Commission shall be responsible to the Elections Commissioner and shall have the power to establish the procedures for the Student Government Association elections pursuant to student law as described by this Constitution and By-Laws.

H) In the event that the Office of Elections Commission Member is vacated for any reason, it shall be the responsibility of the President of the Student Body to appoint an individual to the vacated office.

Article V
Elections

Section 1. [1] Elections shall be held between the fifteenth of February and the thirty-first of March in the Spring Semester of each year for the offices of President of the Student Body, Vice President of the Student Body, Senior, Junior, Sophomore, Residential and Commuter Senators.

[2] Elections shall be held by the end of the sixth week of the Fall semester of each year for the office of Freshman Senator.

Section 2. All elections, excluding runoffs, shall consist of the following consecutive period: a period of no less than one calendar week for the filing of candidacy and a period of ten consecutive days for campaigning which shall include two consecutive week days, of at least ten hours of polling per day, for voting. A University holiday may break between the periods but not during a period.

Section 3. [1] Any student at The University of North Carolina at Asheville, taking one or more credit hours shall be eligible to vote for the offices of President of the Student Body and Vice President of the Student Body.

[2] Students at The University of North Carolina at Asheville shall be eligible to vote for the office of Senior, Junior and Sophomore Senator depending upon the academic class the voter shall have attained at the end of the semester in which voting takes place.

[3] Students at The University of North Carolina at Asheville shall be eligible to vote for the office of Freshman Senator if, as voters, have twenty-nine or less credit hours at the date of voting.

[4] Students at The University of North Carolina at Asheville shall be eligible to vote for the office of Commuter Senator if they do not reside in any housing administered by The University of North Carolina at Asheville Department of Housing and Residence at the time of voting. Voters shall be eligible to vote for the office of Residential Senator if they do reside in housing administered by The University of North Carolina at Asheville Department of Housing and Residence at the time of voting.

Section 4. [1] For the offices of President of the Student Body and Vice President of the Student Body, the candidate who receives the highest tally of votes for each office shall win. In the even of a tie, a runoff shall be held within seven days after the previous election.

[2] For the offices of Senior, Junior, Sophomore, Freshman, Commuter and Residential Senator, the three candidates with the highest tally of votes for each office shall win. In the event that there is a tie, causing there to be more than three winners, a runoff shall be held between tied candidates within seven days after the previous election.

Section 5. [1] Candidates shall be notified within twenty-four hours of the closing of the polls of the election results. Any candidate may exercise the right to call for a recount within twenty-four hours of the posting of the election results.

[2] The President of the Student Body-Elect, Vice President of the Student Body-Elect and Senators-Elect shall assume office no less than three but no greater than five weeks following the last day of voting. The interim time shall serve as a training period for the new officers.

[3] Inauguration shall occur at the end of the interim period. During the inauguration the Oath of Office shall be administered to the President of the Student Body and Vice President of the Student Body successively by their predecessors. At such time power shall be transferred.

[4] Immediately following the inauguration of the President of the Student Body and Vice President of the Student Body, the Vice President of the Student Body shall call the first session of the new Student Senate. The first order of business shall be the administration of the Oath of Office to the Senators by the Vice President of the Student Body.

[5] The Oath of Office shall be as follows:

I do hereby affirm that I will faithfully administer the duties of my office, and will, to the best of my abilities preserve, protect and defend The Constitution of the Student Government Association at The University of North Carolina at Asheville.

Article VI
Referendum

Section 1. [1] The Student Body reserves the right and power by means of petition to require that any legislation be submitted to the Student Senate for their approval or rejection. The petition shall consist of the names and social security numbers of ten percent of the enrolled students.

[2] The Student Body reserves the right and power by means of petition to require that any proposal or legislation acted upon by the Student Senate be submitted to the Student Body for their approval or rejection. The petition shall consist of the names and social security numbers of ten percent of the enrolled students.

Article VII
Amendment

Section 1. This document may be amended by a two-thirds vote of the Student Senate with final approval by the Chancellor of The University of North Carolina at Asheville.

Section 2. The Student Body reserves the right and power by means of petition to mend this Constitution by majority vote. The petition shall consist of names and social security numbers of ten percent of the enrolled students.

Article VIII
Supplementary Documents

Section 1. [1] There shall be a supplement to this Constitution that shall be known as The Student Government Association By-Laws. They shall serve to establish the operational procedure of all aspects of the Student Government Association.

[2] The Student Government Association By-Laws shall exist as a separate document but shall be empowered only by this Constitution. The Student Government Association By-Laws may only be amended by a two-thirds vote of the entire membership of the Student Senate.

Article IX
Ratification

Section 1. This Constitution shall become effective upon approval by two-thirds of the entire membership of the Student Senate, the President of the Student Body, a majority of the students casting ballots in a constitutional referendum and the Chancellor of The University of North Carolina at Asheville, respectively.

Section 2. Upon passage, this document shall replace all previous Constitutions of The Student Government Association of The University of North Carolina at Asheville but shall not invalidate those previous student laws which are not in conflict with this document.