MONROE COMMUNITY COLLEGE STUDENT ASSOCIATION STUDENT GOVERNMENT ASSOCIATION CONSTITUTION

Transcription

1 PREAMBLE MONROE COMMUNITY COLLEGE STUDENT ASSOCIATION STUDENT GOVERNMENT ASSOCIATION CONSTITUTION We, the students of the Monroe Community College Brighton Campus, in order to ensure the rights as set forth in the Joint Statement on Rights and Freedoms of Students, which is incorporated by reference; to establish and promote open, straightforward, inclusive, representative, and democratic student governance; to formulate By-Laws that meet the responsibilities and obligations of self-government as set forth in this document; to promote the general welfare of the student body; to provide means through which the student body may voice its wishes on matters which directly concern it; to ensure that student life fees are appropriately spent to benefit students; to provide programs of educational, cultural, recreational and social value and create a college environment in which students can pursue their interests; to promote within the College a spirit of harmony among administration, faculty, staff and students; to provide procedures for insuring the continuity and perpetuity of the Student Association and its governing body; do ordain and establish this Constitution of the Monroe Community College Student Government Association Brighton Campus. ARTICLE I NAME, SUPREMACY This organization shall be known as the Monroe Community College Student Government Association Brighton Campus, hereinafter referred to as the SGA. The SGA is subject to the provisions of this Constitution and the rules and regulations derived from it. This Constitution, and the By-Laws which will be made in pursuance thereof, will be the highest law of the Student Association. ARTICLE II MEMBERSHIP, BILL OF RIGHTS, AND FEES MEMBERSHIP: All students who have paid a student life fee to the Monroe Community College Student Association and are duly registered at Monroe Community College shall be members of the Student Association. Primary governing representation will be determined by the campus where the majority of credits are taken. BILL OF RIGHTS: A. The SGA recognizes that certain rights are, and of right ought to be forever inviolable: 1. The Senate shall make no act respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the SGA for a redress of grievances. 2. Freedom of association, and any other forms of expression not covered herein, shall not be abridged. 3. Neither the Student Association nor any affiliated organization, including the SGA and all clubs or organizations chartered under the authority of the SGA, may discriminate against any person because of age, color, disability, ethnicity, gender identity, gender expression, marital status, national origin, race, religion, sex, sexual orientation, veteran status, or political affiliation. 4. No person shall be denied the equal protection of the governing documents of the SGA, or any subdivision thereof, including all clubs or organizations chartered under the authority of the SGA. 5. The right of members of the Student Association to vote in any election sponsored by the SGA shall not be denied or abridged. B. In all judicial proceedings against a student, or student run institution, that the SGA, or any officer or institution thereof, may from time to time conduct, or take part in conducting, the SGA recognizes that the defendant is entitled to certain further rights, including: 1. The right to a speedy and public hearing, 2. The right to complete knowledge of all accusations and all evidence against him/her/it at least three days (Saturdays, Sundays, and legal holidays excepted) prior to the hearing, 3. The right to present a defense at the hearing, 4. The right to be assisted in presenting a defense by an advisor of the defendant s choice, 5. The burden of proof regarding any charges raised will be borne by those bringing the charge, 6. The right to testify if he or she chooses, 7. The right not to be compelled to be a witness against himself or herself, nor to be compelled to be a witness against the institution that he or she represents,

2 8. The right to present evidence and witnesses, 9. The right to hear and question adverse witnesses, 10. The right for all evidence upon which the decision may be based to be formally introduced into evidence at the hearing, 11. The right to a formal record of the hearing, 12. The right for the decision of the hearing committee, as well as grounds and procedures for appeal, to be communicated to the defendant in writing within a reasonable period of time following the hearing, 13. And all other rights due the defendant in accordance with the right of due process. C. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. D. The defendant is afforded the right to due process. FEES: Student life fees, as well as benefits to be derived from student life fees, shall be determined by the Board of Directors of the MCC Association, Inc. and then approved by the MCC Board of Trustees. The Senate may recommend to the Board student priorities to allocate the budget. The Senate may render its opinion, upon request or otherwise, on the amount of the student life fee charged, or any use of student life fees beyond the Campus SGA Budget, but such opinion shall have no actual force unless the above referenced Boards of Directors and Trustees concur. Should the name of the student life fee or Budget herein referenced change at any time, this Constitution may be updated to reflect such change, and no other, without being formally amended. ARTICLE III OFFICERS ELECTION: A. The President and Vice President shall be elected as a team by a general ballot of the Brighton membership of the Student Association. No election of a Vice President shall be had in any event except at the time of electing a President. The team receiving the greatest number of votes of the Student Association members present and voting shall be elected. If, at the time fixed for the beginning of the term of the President, the President-elect shall have failed to qualify, the Vice President-elect shall become President. If neither member of the duly elected Presidential team is able to assume office before the first day of classes, Fall semester, then the team receiving the second highest number of votes will assume office. B. Senators shall be elected by a general ballot of the Student Association. The candidate(s) for each position receiving the greatest number of votes of the Student Association members present and voting shall be elected to said position. If, upon the filing deadline for ballot access as determined by the Senate, there shall be only one candidate for each position who shall have completed ballot access requirements as deemed necessary and proper by the Senate, then said candidate(s) shall be deemed elected to said position(s). In cases where a position has more than one seat available, if the number of candidates who shall have completed ballot access requirements as deemed necessary and proper by the Senate is less than or equal to the number of seats available, then said candidate(s) shall be deemed elected to said position(s). If a duly elected Senator is unable to assume office prior to the first day of classes, Fall semester, then the candidate receiving the second highest number of votes will assume office. C. Elections for each academic year will be held during the preceding Spring semester on a date fixed by the Senate. The Presidential ticket(s) and any referenda consistent with this Constitution must appear on the ballot. Every Senate seat must be eligible for election. Any uncontested Senate races need not appear on the ballot, however, every Senate seat must appear on the ballot if contested, and any candidate wishing to stand for election must still complete ballot access requirements that are deemed necessary and proper by the Senate. QUALIFICATIONS OF OFFICERS: All officers of the SGA, both elected and appointed, must have at the time of election/appointment, and maintain while in office, a cumulative grade point average of 2.25 or above. All candidates for these positions must be willing and able to serve the entire term of office. All candidates must take 6 credit hours or more on the Brighton Campus during each Fall and Spring semester throughout their term of office. No religious test, or any nonacademic qualification, shall ever be required as a qualification to any office under the SGA. If at any time, a student fails to maintain the above qualifications, they will be notified in writing by the Director of the Office of Student Life and Leadership Development or designee, and they will be required to resign their office within the SGA. TERM OF OFFICE: The terms of office for all officers of the SGA will extend until the end of the Commencement Ceremony, and the terms of their successors shall then begin. No officer shall begin their term of service prior to completing all prerequisites for office, but any

3 officer selected for the current academic year may begin their term of service immediately upon completing all prerequisites for office. No term of office shall be for a period longer than one academic year, from Commencement Day to the following Commencement Day. Nothing in this Constitution shall be so construed as to automatically disqualify a candidate from running for or holding the same office for consecutive terms. SECTION 4. PRESIDENT: A. The executive power of the SGA shall be vested in a President, who: Shall, within 48 hours, take action on all acts of the Senate. a. On approval, the resolution shall be signed and returned to the Speaker of the Senate or designee, and a copy shall be filed with the Director of the Office of Student Life and Leadership Development or designee. b. On rejection, the resolution shall be returned, with applicable objections, to the Speaker of the Senate or designee, who shall inform the full Senate of the rejection and any objections at the next public meeting of the Senate. c. If any resolution shall not be returned by the President within 48 hours, then the Speaker of the Senate or designee shall inform the full Senate at the next public meeting of the Senate, whereupon the Senate shall reconsider it in like manner as if the President had rejected it. d. If any resolution presented to the President contains several items of appropriation of money, the President may object to one or more of such items while approving of the other portion of the act. In such case, the President shall append to the resolution, at the time of signing it, a statement of the items to which he or she objects together with his reasons for such disapproval, and transmit the act and such appended statement to the Speaker of the Senate or designee and the Director of the Office of Student Life and Leadership Development or designee. The part or parts of the act so approved shall become effective and the item or items of appropriations so objected to shall not take effect unless the same are separately reconsidered and approved in accordance with the rules and limitations prescribed for the passage of acts over the executive veto, in which case the same shall be part of the act, notwithstanding the objections of the President. B. Shall assume primary responsibility for the fulfillment of the SGA's purpose and shall carry out all normal duties to this end, both in matters of budget and policy. C. Shall represent the SGA and the Brighton membership of the Student Association at official College ceremonies and at other occasions where such representation is appropriate. D. Shall have the power to call special and/or emergency meetings of the Senate. E. Shall nominate, and by and with the advice and consent of the Senate, shall appoint, a Cabinet, two students not otherwise provided for to the MCC Association Board of Directors, all members of standing and ad-hoc committees, directors, coordinators and other personnel needed to carry out the business of the SGA, and all other officers of the SGA, whose appointments are not herein otherwise provided for, and which shall be established by the Senate; but the Senate may vest the appointment of such inferior officers as they think proper, in the President alone, in the Vice President, or in the members of the Cabinet. F. Shall have the power to make emergency decisions for the SGA, only if a meeting of the Senate cannot be called. Such decisions are subject to the approval of the President of the College or his/her designee. G. Shall be obligated to attend all meetings of the Senate as an ex-officio, non-voting member, or send an appropriate designee. H. Shall sit on the MCC Association Board of Directors, or appoint an appropriate designee. I. Shall report Cabinet activities to the Senate, at least once every two weeks, and the President may require the opinion, in writing, of the principal officer(s) in each of the executive offices, upon any subject relating to the duties of their respective offices. J. Shall examine and approve all contracts, orders, and other documents by which the SGA incurs financial obligations, having previously ascertained that money has been appropriated and allotted and will be available when the obligations shall become due and payable. K. Shall be the primary advocate of the Brighton membership of the Student Association. L. Shall from time to time give to the Senate information of the State of the Student Association, and recommend to their consideration such measures as he or she shall judge necessary and expedient. M. Shall take care that the acts of the Senate be faithfully executed. N. Shall act as the primary liaison between the SGA and Student Government organizations of other colleges and campuses. O. Shall ensure the publication of the activities of the SGA.

4 SECTION 5. VICE PRESIDENT: The Vice President shall assume all the responsibilities and duties of the President in his/her absence and shall assume the office of the President in the event that the President cannot complete his/her term of office. The Vice President shall assume other responsibilities, as assigned by the President. Whenever the President transmits to the Vice President and the Speaker a written declaration that he or she is unable to discharge the powers and duties of his office, and until the President transmits to the Vice President and the Speaker a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a two-thirds vote of the Senate, present and voting. SECTION 6. SENATE: A. Membership: The Senate shall be composed of 14 Senators. Each Senator will have one vote. Appointments shall be made by a two-thirds vote of the current membership of the Senate. The Senate will determine the method of elections and will choose its Speaker and other officers. A majority of the active Senate will constitute a quorum to do business. For the purposes of quorum, vacancies of office will not be counted toward the total membership of the Senate. B. Purpose: All legislative powers herein granted shall be vested in the Senate. Furthermore, the judicial power of the SGA shall be vested in the Senate as well. C. Powers and Duties: 1. Shall be responsible for establishing and recognizing all activities of the student body under the rules and regulations established by the College and by the Senate. 2. Shall elect a Speaker from among their number, by two-thirds vote, at a scheduled meeting prior to the first day of classes in the Fall semester. The Speaker shall then appoint a Deputy Speaker from the existing membership of the Senate. This appointment is subject to confirmation by a two-thirds vote of the Senate. 3. Shall formulate and approve the annual budget for all branches of the Student Association, so long as said budget stays within the limitations of the Programming Budget referenced in Article II, Section 3. Budget allocations must be submitted to the MCC Association Board of Directors. 4. Shall arrange and conduct regular public meetings, subject to the approval of the College calendar and space allocation. All meetings at which official action of any kind is taken shall be open to the public. No resolution, rule, act, regulation or other official action shall be effective unless taken, made, or enacted at such meeting. 5. Shall, where necessary, approve all plans and supervise activities sponsored by any branch of the Student Association. 6. Shall adjudicate all disputes involving a club or organization supported by the Student Association, the SGA, or all cases or controversies arising under this Constitution, SGA By-Laws, or other acts of the Senate, consistent with the exercise of the judicial power. Acts and decisions of the Senate, when exercising the judicial power, will not be subject to review or reversal by the President. 7. Shall make rules for the chartering, de-chartering, and funding of clubs and organizations and shall, by a majority vote, accept or reject the chartering of clubs and organizations. Once recognized, any affiliated club or organization will have complete autonomy and jurisdiction within the limits of this Constitution, the SGA By-Laws, and its own constitution. 8. Shall formulate policy consistent with the best interests of the students and ensure the fulfillment of such policy, and take any action which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the SGA, or in any officer thereof. 9. By a two-thirds vote of the Senate present and voting, the Senate may override a Presidential veto. 10. Shall set broad goals for student programming. 11. Shall ensure publication of all SGA activities. 12. No Bill of Attainder or ex post facto act shall be passed. 13. The Senate may determine the rules of its proceedings, and make rules for the SGA as a whole. 14. Each branch of the SGA will keep a record of its proceedings and activities, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and even in cases of secrecy the voting record of the members of the Senate on any question will, at the desire of those present at Executive Session, be entered on the public record. The records of each branch will be publicized and serve as a historical archive of the SGA. 15. The Senate may delegate regulatory authority to the executive branch; except that any administrative regulation of the executive branch may be disapproved by the Senate.

5 16. The Senate may establish committees necessary for the conduct of its business at the approval of the President. The Senate may delegate any powers or duties it sees fit to committees of its choosing, but the full Senate must vote on a committee s recommendation before it may go into effect. D. Duties of Speaker and Deputy Speaker 1. The Speaker shall be the presiding officer at all Senate meetings. The presiding officer shall vote only in case of a tie. 2. The Speaker shall have the power to call special and/or emergency meetings of the Senate. 3. The Speaker shall report all Senate activities to the President. 4. The Speaker shall sit on the MCC Association Board of Directors, or appoint an appropriate designee. 5. When the offices of President and Vice President become vacant simultaneously, the Speaker shall become Acting President and shall serve from the date such vacancy occurs until the date on which a new President can take office, at which time he or she shall again become Speaker. While the Speaker is Acting President, he or she shall not exercise any of his or her authority as Speaker or member of the Senate. 6. The Deputy Speaker shall assume all responsibilities and duties of the Speaker in his/her absence and shall assume the office of the Speaker in the event that the Speaker cannot complete his/her term of office. The Deputy Speaker shall assume other responsibilities, as assigned by the Speaker, which do not fall under the responsibilities of the other Senators. The Deputy Speaker shall be a voting member of the Senate. ARTICLE IV INITIATIVE, REFERENDUM, AND RECALL Initiative, referendum and recall are guaranteed in this Constitution. A Petition may arise from the Student Association provided that no less than 10% of the total eligible electorate from the Brighton Campus shall attest their signatures to said petition. The Senate must then consider this petition, and if it shall reject said petition, refer it to the Student Association for voting. Copies of the petition shall be circulated among the Student Association prior to voting. All aforementioned actions must be approved by two-thirds of the eligible electorate present and voting to pass. ARTICLE V IMPEACHMENT GROUNDS: Grounds for impeachment shall be negligence of duty, inefficiency in office, or any action performed by the President, Vice President or any Senator, which is considered a direct violation of the Constitution or By-Laws, including failure to resign when compelled to do so under Article III, Section 2 or Article VI; or any action performed as a member of the SGA which is considered detrimental to the good name of the Student Association. PROCEDURE: Any member of the SGA is subject to impeachment upon the receipt of a complaint signed by a majority of Senators, present and voting, at a meeting of the Senate, or upon filing of a petition signed by a minimum of 5% of the Brighton membership of the Student Association. A hearing must be held within one week from the filing of charges, unless the defendant cannot be notified in accordance with his/her rights, in which case a hearing must be held as soon as such rights have been satisfied. All hearings for impeachment procedures will be open to the Student Association. The defendant will not be deprived of any of the rights enumerated under Article II, Section 2B. The defendant and the prosecutor shall be given equal lengths of time to present their case. The Senate shall vote by secret ballot; the results shall be read immediately by the presiding officer. If at the end of the impeachment proceedings the defendant is found guilty by a three-fourths vote of the Senate, present and voting, he/she shall be removed from office. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor under the Student Association. Any appeal must be made to the Senate within one week of the decision. No further appeal provisions within the SGA shall be recognized. CONFLICTS OF INTEREST: The presiding officer shall not be the defendant or the prosecutor. In the event of a conflict, a presiding officer shall be appointed by a two-thirds majority vote of the Senate. Neither the defendant nor the prosecutor may vote in the hearing. ARTICLE VI RESIGNATION POWER OF THE PRESIDENT AND SPEAKER: The President may, at his/her discretion, require the resignation of any appointed member of the SGA; all Presidential Cabinet members serve at the pleasure of the President. All officers selected under Article III, Section 4E shall be considered appointed members of the SGA, however, nothing in this Constitution shall be so construed as to allow the President to require the resignation of members of the SGA whose appointment was at the sole discretion of the Senate. The Speaker may, at his/her discretion, require the resignation of any appointed member of the SGA whose appointment was at the sole discretion of the Senate.

6 POWER OF THE SENATE: Resignation of any appointed member of the SGA, without regard to how they were appointed, may be required by the Senate by a two-thirds majority vote of those present and voting. ACTIVE MEMBERS: All officers of the SGA shall be considered active members, in good standing, until the end of their respective terms, unless the President and/or the Speaker receives a signed resignation, and said resignation is filed with the Director of the Office Student Life and Leadership Development or designee, excepting actions taken as allowed by this Constitution or the SGA By-Laws. ARTICLE VII- ROUNDTABLE All Clubs and Organizations who receive Student Association funding are required to regularly attend the Roundtable Meeting. Roundtable attendance will be a factor in determining allocation of funds by the Senate when requested by clubs and organizations. ARTICLE VIII AMENDMENTS Any amendment to this Constitution may be proposed to the Senate by any Brighton member of the Student Association. Any proposed amendment to the Constitution must be deemed in order and purposeful by a majority vote of those present and voting at the Senate meeting in order to be presented in the form of a referendum to the student body. Once approved by the Senate, the referendum on the new Constitution must appear on the ballot at the next election that is held, be it a regular or special election. A two-thirds affirmative vote of the Brighton membership of the Student Association present and voting shall make the proposal an amendment to this Constitution. Amendments may also be proposed in accordance with Article IV. ARTICLE IX BY-LAWS By-Laws for the SGA, deemed by the Senate to be consistent with the Constitution, may be adopted by a two-thirds vote of the Senate present and voting. In the event of a Presidential veto, a three-quarters vote of the Senate present and voting is required to override the veto. ARTICLE X RATIFICATION Ratified by the Board of Trustees of Monroe Community College, April 21, *Amended January 1977, May 1986, May 1987, May 1990, May 1991, May 1992, April 1996, May 1998, May 2002, July 2002, May 2005, May 2009, July 2009, May 2011