Student Constitution. The University of North Carolina at Chapel Hill. (as amended January 23, 2016)

Student Constitution The University of North Carolina at Chapel Hill (as amended January 23, 2016)

THE SUPREME CONSTITUTION FOR THE STUDENT BODY OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL PREAMBLE With strong purpose to resolve the doubts we have inherited from one hundred and fifty years of formless growth, with resolute determination to preserve the best in our tradition of responsible student self-government, we assert our goals to preserve order, make personal freedom secure, establish justice, and win a lasting opportunity for responsible individual and collective action; and to these ends we ordain and establish this Supreme Constitution for the Student Body of the University of North Carolina at Chapel Hill. ARTICLE I. GOVERNING BODIES Section 1. Undergraduate Student Government (USG) The Undergraduate Student Government (USG) shall be the sole governing body for the Undergraduate Student Body of the University of North Carolina at Chapel Hill. The USG shall be composed of an undergraduate Legislative Branch, Executive Branch, and Judicial Branch. The composition, policies, and procedures of these branches shall be set in the manner prescribed by law in the Undergraduate Student Government Constitution. The Undergraduate Student Government Constitution shall be approved by the Undergraduate Student Body. Section 2. Graduate and Professional Student Government (GPSG) The Graduate and Professional Student Government (GPSG) shall be the sole governing body for the Graduate and Professional Student Body of the University of North Carolina at Chapel Hill. The GPSG shall be composed of a graduate and professional Legislative Branch, Executive Branch, and Judicial Branch. The composition, policies, and procedures of these branches shall be set in the manner prescribed by law in the Graduate and Professional Student Government Constitution. The Graduate and Professional Student Government Constitution shall be approved by the Graduate and Professional Student Body.

ARTICLE II. LEGISLATIVE Section 1. Legislative Power of the Undergraduate Student Body The legislative power of the Undergraduate Student Body shall be vested in the USG Student Congress, which shall be a unicameral body. The composition, policies, and procedures of the Student Congress shall be set in the manner prescribed by law in the Undergraduate Student Government Constitution. The Student Congress shall be comprised of undergraduate students enrolled at the University of North Carolina at Chapel Hill. Section 2. Legislative Power of the Graduate and Professional Student Body The legislative power of the Graduate and Professional Student Body shall be vested in the GPSG Senate, which shall be a unicameral body. The composition, policies, and procedures of the Senate shall be set in the manner prescribed by law in the Graduate and Professional Student Government Constitution. The GPSG Senate shall be comprised of graduate and professional students enrolled at the University of North Carolina at Chapel Hill.

ARTICLE III. EXECUTIVE Section 1. Executive Power of the Undergraduate Student Body The executive power of the Undergraduate Student Body shall be vested in the President of the USG. The powers of the USG President shall be set in the manner prescribed by law in the Undergraduate Student Government Constitution. Section 2. Executive Power of the Graduate and Professional Student Body The executive power of the Graduate and Professional Student Body shall be vested in the President of the GPSG. The powers of the GPSG President shall be set in the manner prescribed by law in the Graduate and Professional Student Government Constitution. Section 3. Election, Term, and Qualifications 1. The USG President shall be enrolled as a fee-paying undergraduate student at the University of North Carolina at Chapel Hill and shall be elected in the Spring General Election by the Undergraduate Student Body for a one-year term beginning the first Tuesday of April upon inauguration and ending the first Tuesday of April of the following spring semester. 2. The GPSG President shall be enrolled as a fee-paying graduate or professional student at the University of North Carolina at Chapel Hill and shall be elected in the Spring General Election by the Graduate and Professional Student Body for a one-year term beginning the first Tuesday of April upon inauguration and ending the first Tuesday of April of the following spring semester.

ARTICLE IV. JUDICIAL Section 1. Student Responsibility It shall be the responsibility of every student at the University of North Carolina at Chapel Hill to obey the Honor Code and the Bylaws of their respective Student Government. Section 2. Judicial Power 1. The judicial power of the entire Student Body shall be vested in the courts provided by the Instrument of Student Judicial Governance for the University of North Carolina at Chapel Hill. The Instrument, accepted by the Chancellor, approved by the entire Student Body, and approved by the Faculty Council, shall be set forth in a separate document and provide its own procedures for amendment. The Instrument shall provide a Code of Conduct for the Student Body and establish officers, structures, and procedures by which the Code is implemented and offenses adjudicated. Provisions of the Instrument in relation to these matters shall be exclusive. a. To be approved by the entire Student Body, the Instrument and its amendments hereafter shall be approved by both the USG Student Congress and the GPSG Senate within a ninety-day (90-day) time frame. 2. The judicial power of the Undergraduate Student Body shall be vested in the Undergraduate Student Honor System, whose composition, policies, and procedures shall be set in the manner prescribed by law in the Instrument. 3. The judicial power of the Graduate and Professional Student Body shall be vested in the Graduate and Professional Student Honor System, whose composition, policies, and procedures shall be set in the manner prescribed by law in the Instrument. Section 3. Savings Clause When provisions of this Constitution, the Undergraduate Student Government Constitution, the Graduate and Professional Student Government Constitution, or the Instrument of Student Judicial Governance are changed, cases and controversies that are pending at the time the change becomes effective shall be tried under the later provisions except when such a change has the effect of creating new penalties or new violations of law.

Section 4. Student Attorney Generals The Undergraduate Student Attorney General and Graduate and Professional Student Attorney General shall perform the duties and functions for which they are made responsible under the Instrument of Student Judicial Governance. 1. The Undergraduate Student Attorney General shall be appointed in the spring by the USG President, subject to the approval of two-thirds (2/3) of present and voting members of the USG Student Congress at a regular meeting of the Congress, and shall serve until a successor is confirmed. The Undergraduate Student Attorney General shall be an enrolled undergraduate student. 2. The Graduate and Professional Student Attorney General shall be appointed in the spring by the GPSG President, subject to the approval of two-thirds (2/3) of present and voting members of the GPSG Senate at a regular meeting of the Senate, and shall serve until a successor is confirmed. The Graduate and Professional Student Attorney General shall be an enrolled graduate or professional student. Section 5. Student Supreme Court of the Student Body Original jurisdiction in controversies concerning executive and legislative action raising questions of law arising under this Constitution and laws enacted under its authority shall reside with the Student Supreme Court of the Student Body. Section 6. Composition of the Student Supreme Court The Student Supreme Court shall be composed of six (6) students and reflect the proportionality of undergraduate and graduate/professional students in the entire Student Body. Undergraduate student members shall be appointed by the USG and graduate/professional student members shall be appointed by the GPSG. Once all members of the Supreme Court have been approved, they shall elect amongst themselves a Chief Justice. The remaining five (5) members shall be referred to as Associate Justices. Each justice shall hold his or her position until he or she graduates, resigns, cannot physically be at the University of North Carolina at Chapel Hill campus for longer than a semester (excluding Summer Semesters), or is otherwise removed from office. Upon the vacancy of the Chief Justice seat, an election for the new Chief Justice shall be held once all six (6) seats of the Supreme Court have been filled. Other aspects of the

composition, policies, and procedures of the Student Supreme Court not enumerated in this Constitution shall be set in the manner prescribed by law in the Student Supreme Court Bylaws. 1. The USG appointees to the Supreme Court shall be subject to the approval of two-thirds (2/3) of present and voting members of the USG Student Congress at a regular meeting of the Congress. The USG appointees to the Supreme Court shall not hold any other office within the USG. 2. The GPSG appointees to the Supreme Court shall be subject to the approval of two-thirds (2/3) of present and voting members of the GPSG Senate at a regular meeting of the Senate. The GPSG appointees to the Supreme Court shall not hold any other office within the GPSG. Section 7. Student Solicitor Generals 1. The Undergraduate Student Solicitor General shall serve as the counsel for USG branches and agencies in Student Supreme Court cases. The Undergraduate Student Solicitor General shall be appointed in the spring by the USG President subject to the approval of two-thirds (2/3) of present and voting members of the USG Student Congress at a regular meeting of the Congress, and shall serve until a successor is confirmed. The Undergraduate Student Solicitor General shall not hold any other office within the USG. 2. The Graduate and Professional Student Solicitor General shall serve as the counsel for GPSG branches and agencies in Student Supreme Court cases. The Graduate and Professional Student Solicitor General shall be appointed in the spring by the GPSG President subject to the approval of two-thirds (2/3) of present and voting members of the GPSG Senate at a regular meeting of the Senate, and shall serve until a successor is confirmed. The Graduate and Professional Student Solicitor General shall not hold any other office within the GPSG. 3. Independent Agencies shall be able to receive counsel from the Undergraduate Student Solicitor General in Student Supreme Court cases, provided that he or she is not serving as counsel for an USG branch in the same Student Supreme Court case. Independent Agencies shall also be able to receive counsel from the Graduate and Professional Student Solicitor General in Student Supreme Court cases, provided that he or she is not serving as counsel for a GPSG branch in the same Student Supreme Court case.

ARTICLE V. ELECTIONS Section 1. Board of Elections All elections for USG and GPSG officers established under this Constitution shall be carried out in the manner prescribed by law in the Undergraduate Student Government Bylaws and the Graduate and Professional Student Government Bylaws, respectively, by the Board of Elections. The USG shall be responsible for the reimbursement of campaign funds for students running for USG positions through the Board of Elections, and the GPSG shall be responsible for the reimbursement of campaign funds for students running for GPSG positions through the Board of Elections. Section 2. Composition of the Board of Elections The Board of Elections shall be composed of six (6) students and reflect the proportionality of undergraduate and graduate/professional students in the entire Student Body. Undergraduate student members shall be appointed by the USG and graduate/professional student members shall be appointed by the GPSG. Once all members of the Board of Elections have been approved, they shall elect amongst themselves a Chair. Each member shall hold his or her position until he or she graduates, resigns, cannot physically be at the University of North Carolina at Chapel Hill campus for longer than a semester (excluding Summer Semesters), or is otherwise removed from office. Upon the vacancy of the Chair of the Board of Elections seat, an election for the new Chair shall be held once all six (6) seats of the Board of Elections have been filled. Other aspects of the composition, policies, and procedures of the Board of Elections not enumerated in this Constitution shall be set in the manner prescribed by law in the Board of Elections Bylaws. 1. The USG appointees to the Board of Elections shall be subject to the approval of twothirds (2/3) of present and voting members of the USG Student Congress at a regular meeting of the Congress. The USG appointees to the Board of Elections shall not hold any other office within the USG. 2. The GPSG appointees to the Board of Elections shall be subject to the approval of twothirds (2/3) of present and voting members of the GPSG Senate at a regular meeting of

the Senate. The GPSG appointees to the Board of Elections shall not hold any other office within the GPSG. Section 3. Recall Any constituency shall have the power to recall any officer elected by that constituency under this Constitution. A petition signed by the qualified voters of the constituency in question shall be filed with the Chair of the Board of Elections. If the Chair deems the petition to have the requisite number of signatures, the Board of Elections shall conduct a Special Election for the office in question, in which the officer in question shall have the right to be a candidate. The officer in question shall continue in office until the election returns are officially announced. The required amount of signatures to recall an officer shall be no less than: a) Fifteen (15) percent or five (5) persons, whichever is greater, of the constituency to recall members of the USG Student Congress or the GPSG Senate. b) Fifty percent plus one (50% + 1) of the total number of individuals who voted overall in the USG Presidential election to recall the USG President (e.g. if 2000 undergraduate students voted in the USG Presidential election, a recall petition for the USG President must have 1001 undergraduate student signatures in order to recall the officer). c) Fifty percent plus one (50% + 1) of the total number of individuals who voted overall in the GPSG Presidential election to recall the GPSG President (e.g. if 2000 graduate/professional students voted in the GPSG Presidential election, a recall petition for the GPSG President must have 1001 graduate/professional student signatures in order to recall the officer). There shall not be any recall election until after an elected official takes the oath of office. Any recall election must occur in the manner prescribed by law in the Undergraduate Student Government Bylaws or the Graduate and Professional Student Government Bylaws. Section 4. Initiative Both constituencies, Undergraduate and Graduate/Professional Student Bodies, shall have the power to initiate any act within the power of their respective legislative branches, provided that at least ten (10) percent of the constituency shall sign a petition calling for an election on a bill that shall be submitted in writing with the petition to the Chair of the Board of Elections. If the

Chair deems the petition to have the requisite number of signatures, the Board of Elections shall conduct an election on the bill in the manner prescribed by law in the Undergraduate Student Government Bylaws or the Graduate and Professional Student Government Bylaws. A favorable majority (fifty percent plus one (50% + 1)) of votes cast in an election in which at least two-anda-half (2.5) percent of the constituency votes on the bill shall be sufficient to pass the bill. Section 5. Review Both constituencies, Undergraduate and Graduate/Professional Student Bodies, shall have the power to call for a ballot on any act passed by their respective legislative branches, provided that at least ten (10) percent of the constituency shall sign a petition calling for an election and specifying the act in question to the Chair of the Board of Elections. If the Chair deems the petition to have the requisite number of signatures, the Board of Elections shall conduct an election on the act in question in the manner prescribed by law in the Undergraduate Student Government Bylaws or the Graduate and Professional Student Government Bylaws. A favorable majority (fifty percent plus one (50% + 1)) of votes cast in an election in which at least two-anda-half (2.5) percent of the constituency votes on the bill shall be sufficient to review the act in question. Section 6. Issues Affecting the Entire Student Body When an issue, including Initiatives or Reviews, would affect the entire Student Body, at least two-and-a-half (2.5) percent of the entire Student Body shall be sufficient turnout for the vote to be binding in accordance with the above sections. Section 7. Coercion of Voters Prohibited No group or organization on the campus of the University shall coerce any student or in any unduly manner influence his or her vote. The USG Student Congress and GPSG Senate shall have the power to make laws to enforce this provision. Violations of these provisions shall be tried by the Supreme Court.

ARTICLE VI. AMENDMENTS Section 1. Amendments Proposed in the Legislative Branches The USG Student Congress and the GPSG Senate shall have the power to propose amendments to this Constitution, subject to approval by both legislative bodies followed by a simple majority (fifty percent plus one (50% + 1)) vote of the Student Body. If a proposed amendment is approved by one legislative body, it shall then be presented for approval by the other legislative body within ninety (90) days. Upon approval from both legislative bodies, the amendment shall be subject to a simple majority (fifty percent plus one (50% + 1)) vote of the entire Student Body, provided that at least two-and-a-half (2.5) percent of the entire Student Body votes on the amendment. Section 2. Amendments Proposed by Petition Any member of the entire Student Body shall have the power to propose amendments to this Constitution by submitting a petition in writing to the Chair of the Board of Elections. If the Chair of the Board of Elections deems the petition to be signed by at least ten (10) percent of the duly enrolled students of the entire Student Body, the Board of Elections shall conduct an election in which a favorable vote of two-thirds (2/3) of those voting shall be required to ratify the proposed amendment, provided that at least two-and-a-half (2.5) percent of the entire Student Body votes on the amendment.

ARTICLE VII. INDEPENDENT AGENCIES Section 1. Joint Council of Student Governments The Joint Council of Student Governments shall serve as an advisory body to both the USG and the GPSG with non-binding decisions. The Joint Council shall exist to discuss issues that affect both sets of constituencies or parties therein and shall meet at least once per month. The Joint Council shall be comprised of the following: a) Undergraduate Student Body Representatives USG President USG Speaker of Student Congress Four (4) appointees from the USG Student Congress b) Graduate and Professional Student Body Representatives GPSG President GPSG Vice President of Internal Affairs Two (2) appointees from the GPSG Senate The number of non-leadership appointees on the Joint Council (the four (4) appointees from the USG and the two (2) appointees from the GPSG) shall reflect the proportionality of undergraduate and graduate/professional students in the entire Student Body. Section 2. Reconciliation Council The aforementioned non-leadership appointees of the Joint Council of Student Governments shall comprise the Reconciliation Council. The Reconciliation Council shall exist to discuss and determine compromises on legislation that affects the entire Student Body and passes one legislative body but not the other. The Reconciliation Council shall meet on an as-needed basis. Section 3. Established Bodies Additional Governing Bodies, Independent Agencies that receive and/or distribute funds generated from Student Fees paid by both undergraduate and graduate/professional students, and student advisory committees to University administration shall exist to represent and serve specific interests of the entire Student Body. These groups shall contain a number of undergraduate and graduate/professional student representatives in proportion to the number of undergraduate and graduate/professional students in the Student Body, to be appointed in the

manner prescribed by law in the Undergraduate Student Government Bylaws or the Graduate and Professional Student Government Bylaws. These groups include but are not limited to: Campus Recreation Board Carolina Athletics Association Carolina Union Board of Directors Chancellor s Child Care Advisory Committee Committee on Student Conduct Hardship Parking Committee Renewable Energy Special Projects Committee Residence Hall Association Student Advisory Committee to the Chancellor Student Fee Audit Committee Student Grievance Committee Student Leadership Advisory Committee to the Vice Chancellor of Student Affairs Student Legal Services Board of Directors Student Library Advisory Board Student Safety and Security Committee Student TV Board of Directors WXYC Board of Directors Section 4. Bylaws of Established Bodies Revisions to the bylaws of the Established Bodies enumerated in this Constitution shall be subject to approval by the USG Student Congress and the GPSG Senate, and shall be binding when approved by both legislative bodies within a ninety-day (90-day) time frame. Section 5. Campus Recreation Board The Campus Recreation Board shall be the governing body of the University of North Carolina at Chapel Hill Campus Recreation. Section 6. Carolina Athletics Association

There shall be a Carolina Athletic Association whose duty it shall be to represent the athletic concerns of the Student Body. Section 7. Carolina Union Board of Directors The Carolina Union Board of Directors shall be the governing body of the Carolina Student Union. Section 8. Chancellor s Child Care Advisory Committee The Chancellor s Child Care Advisory Committee shall study and evaluate alternatives for improving and strengthening child/family services for the University of North Carolina at Chapel Hill faculty, staff, and students, make recommendations to the Chancellor for future goals for programs and services, and assist the Office of Human Resources, Benefits Services Department, in implementing new programs and services. Section 9. Committee on Student Conduct The Committee on Student Conduct shall oversee the operation of the Instrument of Student Judicial Governance and the Honor System and shall perform the duties described within the Instrument. Section 10. Hardship Parking Committee The Hardship Parking Committee shall recommend a plan for distributing student parking permits, evaluate Hardship Parking Permit applications, and recommend a plan for allocating Hardship Parking Permits. Section 11. Renewable Energy Special Projects Committee The Renewable Energy Special Projects Committee shall try to increase the use of renewable energy and sustainable practices through funding of renewable energy, energy efficiency, maintenance, and energy education projects on campus. Section 12. Residence Hall Association

There shall be a Residence Hall Association whose duty it shall be to handle all matters concerning student life in University-owned and approved housing and residence halls. Section 13. Student Advisory Committee to the Chancellor The Student Advisory Committee to the Chancellor shall provide a means for a wide range of student constituencies to speak directly with the Chancellor, the Executive Vice Chancellor, the Provost, and the Vice Chancellor for Student Affairs in order to peacefully and professionally advance the interests of the students and the University. Section 14. Student Fee Audit Committee The Student Fee Audit Committee shall oversee the levying and expenditure of all student fee dollars and shall be the supervising committee of the Student Activity Fund Office. The committee shall have the power to inspect the financial record of any student organization receiving Student Activity Fee money. 1. The Student Fee Audit Committee shall be co-chaired by the USG Treasurer and the GPSG Treasurer. Section 15. Student Grievance Committee The Student Grievance Committee shall hear student grievances and appeals in cases arising under the Non-Discrimination and Prohibited Harassment and Discrimination laws and policies of the University of North Carolina at Chapel Hill. Section 16. Student Leadership Advisory Committee to the Vice Chancellor for Student Affairs The Student Leadership Advisory Committee to the Vice Chancellor for Student Affairs shall gather feedback from students on various matters and communicate that feedback to University administrators. Section 17. Student Legal Services Board of Directors The Student Legal Services Board of Directors shall supervise the business of Student Legal Services.

Section 18. Student Library Advisory Board The Student Library Advisory Board shall direct the expenditures of the Student Endowed Library Fund. Section 19. Student Safety and Security Committee The Student Safety and Security Committee shall maintain and appropriate the Student Safety and Security Fee to campus organizations and university departments to promote student safety at the University of North Carolina at Chapel Hill. Section 20. Student TV Board of Directors The Student TV Board of Directors shall oversee the operations of the University of North Carolina at Chapel Hill Student Television. Section 21. WXYC Board of Directors The WXYC Board of Directors shall oversee the operations of the University of North Carolina at Chapel Hill radio station, 89.3 WXYC.

ARTICLE VIII. STUDENT SUPREME LAW Section 1. Constitution and Laws Supreme This Constitution and all laws enacted pursuant thereto shall be Supreme Student Law. Supreme power shall be vested in this UNC Student Government Supreme Constitution. Section 2. Present Laws and Rules to Continue in Effect All laws enacted by the USG Student Congress or the GPSG Senate shall continue in full force and effect until repealed or changed, provided they are in accordance with this Constitution. Section 3. Issues Not Enumerated in This Constitution Issues affecting the entire Student Body, not enumerated in this Constitution, shall be addressed in a manner that best reflects the composition of the entire Student Body.

ARTICLE IX. FINANCIAL REGULATIONS Section 1. Undergraduate Student Government Funds The Undergraduate Student Government shall be funded by undergraduate student fees, and therefore the use of USG funds must not violate any larger University policies regarding the use or expenditure of student fees. All unspent funds of the USG shall revert to the USG General Reserve. Section 2. Graduate and Professional Student Government Funds The Graduate and Professional Student Government shall be funded by graduate and professional student fees, and therefore the use of GPSG funds must not violate any larger University policies regarding the use or expenditure of student fees. All unspent funds of the GPSG shall revert to the GPSG Reserve Funds. Section 3. Definitions The following definitions shall apply: a) A Registered Student Organization shall be defined as a group that has met the requirements of official University recognition at the University of North Carolina at Chapel Hill for the current academic year. b) A Sub-organization shall be defined as a subordinate group which is connected to a Registered Student Organization either financially (e.g. sharing funds, supplies, telephone, paid labor, office space) or officially (e.g. connected by Constitution, Charter, Bylaws). c) Generated Funds shall be defined as all quantities of outside income, excluding USG and/or GPSG Funds, generated by an individual Registered Student Organization which receives USG and/or GPSG Funds. d) A Fee-Distributing Body shall be defined as any body which disburses or spends USG and/or GPSG Funds, including but not limited to USG Student Congress, GPSG Senate, Independent Agencies, and Registered Student Organizations or Sub-organizations that receive USG and/or GPSG Funds. Fee-Distributing Bodies shall be bound to the Financial Regulations set forth in this Constitution and the respective governmental body s Constitution and Bylaws from which the funds were received, when disbursing or

spending USG and/or GPSG Funds (e.g. a Registered Student Organization that receives only USG funds shall be bound to the Financial Regulations set forth in this Constitution, the Undergraduate Student Government Constitution, and the Undergraduate Student Government Bylaws). Section 4. Limitations No expenditure may be made from any USG Funds or GPSG Funds that is one of the following types: a) Payment to Ex-Employee. Payments of salaries to people no longer employed by an organization, except in settlement of salary due at the time of termination of employment. b) Alcohol, Tobacco, and Illegal Substances. No exceptions may be granted. c) Weaponry. Exceptions are official training equipment for a Registered Student Organization, rented or leased firearms, or ammunition for events. d) Investments or grants to a private business or enterprise. Exceptions are Fundraising Loans. Section 5. Student Activities Fund Office The Student Activities Fund Office (SAFO) implements the disbursement of funds for the USG, the GPSG, and Registered Student Organizations. All Registered Student Organizations receiving USG or GPSG Funds must deposit all revenues, regardless of source, into SAFO. Generated Funds received and deposited by a Registered Student Organization shall be placed in a separate Generated Funds category for that organization, differentiating these funds from USG and/or GPSG Funds.