Student Body Constitution

We the students of North Carolina State University, desiring to preserve within the University an atmosphere of free discussion, inquiry, and self-expression, to insure the personal freedom and general welfare of the Student Body, and to continue in our tradition of responsible self-government, do hereby establish this constitution of the North Carolina State University Student Body.

FRANCHISE AND CITIZENSHIP

All students who are regularly enrolled in the University and who have paid the full student activities fee shall be entitled to vote in the Student Body Elections and to participate in Student Body Government.

Article I EXECUTIVE

Student Body Officers

SECTION ONE – Authority The executive power of the Student Body shall be vested in the Student Body President, who shall have the assistance of the Student Senate President and the Student Body Treasurer.

SECTION TWO – Elections The Student Body Officers shall be elected for a one-year term by a majority of those voting in the Student Body Elections. The Student Body Officers shall be chosen from the Student Body at large. Each officer shall at the time of the election be a student in good standing, and be regularly enrolled in the University. Furthermore, the Student Body Officers must remain enrolled in the University, and also remain students in good standing for their entire term in office. Requirements for Student Body Offices shall be listed in the Student Body Statutes.

SECTION THREE – Student Body President The Student Body President shall:

1. be chief executive officer of the Student Body;
2. represent the Student Body in dealings with the students of other universities, the faculty, and the administration;
3. appoint officers necessary for the operation of Student Body Government during Summer Sessions;
4. enforce and administer all acts passed by the Student Senate;
5. have the power to veto any Student Senate act within ten days of receipt from the Student Senate President;
6. address the Student Senate at such times as they may invite him/her to do so or at such times as he/she may request the Senate President to let him do so, recommend that the Student Senate President present legislation, and present an annual report of the year's Student Government activities following the elections;
7. call and preside at meetings of the Student Body;
8. make appointments to fill vacated elective offices, unless otherwise specified in the Student Body Constitution or Student Body Statutes subject to the approval by a two-thirds majority of the Student Senate;
9. serve as a voting member of Advisory Board to the President of the UNC System and as a voting member of the UNC Association of Student Governments.

SECTION FOUR – Student Senate President The Student Senate President shall:

1. serve as presiding officer at all Student Senate meetings and serve as a non-voting ex-officio member of the Senate;
2. forward all legislation within two days of its passage to the Student Body President for his/her review;
3. call all meetings of the Student Senate;
4. assist the Student Body President in the performance of his/her duties;
5. succeed to the Student Body Presidency in the event of the vacating of that office;
6. exercise the powers of the Student Body President if he/she is prevented from exercising his powers;
7. coordinate the activities of the Council System;
8. appoint the Chairs of the Student Senate Standing Committees;
9. coordinate the Student Senate retreat.

SECTION FIVE – Student Body Treasurer The Student Body Treasurer shall:

1. be the chief financial officer of the Student Body;
2. serve as an ex-officio member of the Senate, but as a non-voting member on financial matters;
3. have the power to examine the financial records of any Student Government body that has the power to determine a budget of required University activities fees, or any organization that receives funds under Student Body Budget;
4. serve as Senate Financial Committee Chair;
5. serve as consultant for all Senate Finance bills;
6. be responsible for all office coordination;
7. be responsible for all receipts from organizations and clubs receiving funding from the Student Senate and Sports Club Authority.

SECTION SIX – Student Body Comptroller The Student Body Comptroller shall:

1. prepare and submit to the Student Senate an annual Student Body Budget;
2. keep a record of all allocations and expenditures of Student Body funds;
3. approve all disbursements of Student Body funds;
4. submit to the Student Senate, upon request, a written report of the state of the treasury;
5. be responsible for all accounting work;
6. serve as consultant for all bank dealings;
7. serve as consultant for all Business Office affairs;
8. serve as a non-voting ex-officio member of the Student Senate.

The Student Body Comptroller shall be appointed by the Student Body President and Student Body Treasurer subject to the approval of the Student Senate by a no-confidence vote of two-thirds of the Student Senate.

SECTION SEVEN – Student Body Chief Justice The Student Body Chief Justice shall:

1. be responsible for the operation of the Judicial Affairs Office and the Student Judicial Boards;
2. effect liaison between Student Senate, Student Development Office, Executive Cabinet, and the various parts of Student Judicial System;
3. assist Student Body President in performance of duties;
4. serve as Chair of judicial proceedings;
5. organize selection of all judicial board members;
6. administer the coordination of Judicial Programs;
7. be a voting member of Sports Club Authority.

Candidates for election as Chief Justice must have served at least two full semesters on the Student Integrity Board or as an Assistant to the Chief Justice.

The Executive Cabinet

SECTION ONE – Cabinet Composition The Executive Cabinet shall consist of the Student Body President, the Chief Justice, the School Council Presidents, and the President of the University Student Center.

SECTION TWO – Cabinet Powers and Duties The Executive Cabinet shall:

1. advise the Student Body President on any matters of student policy or on any student programs and services;
2. serve as an executive liaison for the Council system, the Student Senate, and the Student Body Officers.

SECTION THREE – Cabinet Officers The presiding officer shall be the Student Body President.

Student Body Commissions

SECTION ONE – Commission Composition Each Commission shall be administered by a Chairman and such other personnel as authorized by Executive Order. All commission members shall be appointed by the Student Body President.

SECTION TWO – Commission Powers and Duties Each Student Body Commission shall:

1. initiate surveys and hearings on student problems within its jurisdiction;
2. Prepare reports for the Student Senate or the Student Body President and the Student Senate President.

Lines of Succession

SECTION ONE If the Student Body President is removed or leaves office for any reason he/she shall be replaced by the Student Senate President.

SECTION TWO If the Student Senate President is removed or leaves office for any reason he/she shall be replaced by the Student Senate President Pro Tempore.

SECTION THREE If the Student Body Treasurer is removed or leaves office for any reason he/she shall be replaced by the Vice-Chair of the Finance Committee. However, a special election shall be held thirty (30) days after the vacation of this position to elect a new Student Body Treasurer, unless the spring election falls within this thirty (30) day period.

Article II LEGISLATIVE

The Student Senate

SECTION ONE – Student Senate The supreme legislative power for the Student Body shall be vested in the Student Senate.

SECTION TWO – Student Senate Composition The Student Senate shall be composed of fifty-eight to sixty-four Senators who shall represent each of the schools and colleges of the University and special students. All senators shall, at time of their election, be a student in the University in good standing. Further, Senators must remain enrolled students in the University and in good standing for their entire term. Every senator elected by a School Student Body shall at the time of his/her election be enrolled in that School or College.

SECTION THREE – Student Senate Apportionment Senators shall be apportioned among the schools, colleges, and recognized programs according to percentage of enrollment, as specified in the Student Body Statutes.

SECTION FOUR – Student Senate Vacancies Vacancies created by the resignation or removal of a duly elected senator shall be filled by an alternate, who shall be the nominee with the next highest total vote count in the previous election. If all such qualified alternates successively vacate this seat, the Student Senate President shall appoint, if possible, a new alternate from the same School or College.

SECTION FIVE – Student Senate Powers and Duties The Student Senate shall:

1. accredit its own membership;
2. establish its own meeting times;
3. establish its own rules of procedure which shall be included in the Student Body Statutes;
4. enact all legislation necessary and proper to promote the general welfare of the Student Body, and to govern student election;
5. enact by a two-thirds majority vote the Student Body Statutes;
6. provide for the compilation and publication of Student Body Documents in order that the Student Body may be informed;
7. approve an Annual Student Body Budget for the Student Body funds;
8. allocate Student Body funds;
   1. to agencies of Student Body Government;
   2. to such co-curricular activities registered with the Office of Student Development as it shall deem compatible with the general welfare of the Student Body, provided that all funds appropriated for use but not expended during a given year shall remain in the Student Body Funds;
9. confirm or reject appointments of the Student Body President, by a two-thirds vote in the case of appointments to fill vacated elective offices, and by a majority vote for all other regular appointments except such minor appointments as the Student Senate shall deem proper not to require approval;
10. override a presidential veto by a two-thirds vote of the Student Senators present;
11. try all impeachments and suspend or remove from office by a three-fourths majority vote any elected or appointed official for malfeasance in office if:
    1. that individual has been elected by the student body or
    2. that individual has been approved by the Student Senate through a constitutionally specified majority;
12. elect from the senators, at the beginning of each annual session and at whatever other times the office shall be vacant, a Student Senate President Pro Tem who shall preside over the Senate whenever the Student Senate President is unable to do so, and who shall succeed to that office if it becomes vacant;
13. elect additional Student Media representatives as specified in Section Two, Subsection B, 2 of the Student Media Authority Code of Ethics.

SECTION SIX – Student Senate Officers The Student Senate President shall be the presiding officer of the Senate. The Student Senate shall select from its membership such other officers as may be necessary for its successful operation.

SECTION SEVEN – Student Senate Standing Committees The concerns of the Student Senate shall be investigated and legislation shall be formulated by the Student Senate Standing Committees. The specific area of concern and the specific duties of each Standing Committee shall be as chartered in the Student Body Statutes. Special and Ad Hoc Committees shall be formed by the Student Senate in the event that a matter of concern is not within the jurisdiction of the Standing Committees.

The School and College Councils

SECTION ONE – School Councils Each of the several schools of the University shall form Student Government organizations known as School or College Councils. Every School and College Council shall select representatives according to the guidelines drafted by the particular School Council. Each department in the school shall have the right to send student representatives to the school council if they so desire. The number of representatives from each department shall be left to the discretion of the School or College Council.

Each School Council shall establish a separate constitution which does not conflict with any part of this Constitution. Each School and College Council's constitution and subsequent amendments to that constitution must be ratified by two-thirds of the vote in a referendum of the School or College's enfranchised students.

SECTION TWO – School and College Councils Powers and Duties The School and College Councils shall:

1. determine policies within their Schools or Colleges, provided that such policies do not conflict with this constitution or with the policies and programs determined by the Student Senate;
2. determine and approve an annual budget of the respective School's or College's activities fees;
3. consider such matters concerning the Student Senate as they deem appropriate;
4. bring any matters before the Student Senate through the senators from their School or College.

The Residence Area Councils

SECTION ONE – Residence Area Councils Each of the Campus Residence Areas shall form student government organizations known as Residence Area Councils, which shall include representation from each residence unit within that Area. The campus residence areas shall be: Fraternity Area, the Residence Hall Area, the E.S. King Village Area, and Off Campus.

Each Residence Area Council shall establish a separate constitution which does not conflict with any part of this Constitution.

SECTION TWO – Residence Area Councils Powers And Duties Legislative power for Residence Areas shall be vested in the Inter-Fraternity Council, the Inter-Residence Council, the E.S. King Village Council and Off Campus. Each Residence Area Council shall:

1. evaluate conditions within their area and sponsor any necessary actions to insure the welfare of the area residents;
2. determine policies and programs for their areas, provided that such policies do not conflict with this Constitution or with the policies and programs determined by the Student Senate;
3. determine and approve an annual budget for any fees assessed residents within their area;
4. encourage the development of governments and constitutions in the residence units under their jurisdiction;
5. bring matters before the Student Senate through the appropriate Standing Committee.

The Sports Club Authority

SECTION ONE – The Sports Club Authority The Sports Club Authority shall allocate any funds to the Sports Clubs recognized by the Student Senate and Student Development in such a manner as to serve the needs and wishes of the student body. The composition of this Board, and the Statutes concerning its function shall be delineated in the Student Body Statutes.

SECTION TWO – Sports Club Authority Powers and Duties The Sports Club Authority shall have control over funds, held in the Student Government Account, containing any money which shall be appropriated for use by recognized Sports Clubs as defined in Section One.

Article III JUDICIAL

The Student Body Code

SECTION ONE – Judicial System Authority The Judicial System is authorized to protect the rights of the Student Body and to insure the acceptance of responsibilities through procedures which shall be detailed in the Student Body Statutes.

SECTION TWO – Basic Code The Student Body Code prescribes that university students must not lie, cheat, or steal, nor exhibit behavior which does not reflect the standards of the Student Body.

SECTION THREE – Rules of Conduct The Student Body Statutes may contain particular rules and regulations within the framework of the basic code which shall constitute the rules of conduct.

SECTION FOUR – Rights of the Respondent No respondent person shall be denied the right:

1. to presumption of innocence until proven guilty as charged, with clear and convincing evidence;
2. to due notice of the charge and reasonable time to prepare an adequate defense;
3. to face and examine his/her complainant and any witnesses against him/her;
4. to present any testimony or witnesses in his/her defense;
5. to receive defense assistance from a student or a faculty member of his/her choice, or to receive defense assistance from the Judicial Affairs Office;
6. to appeal any hearing to the Office of Student Affairs on the basis of violation of these rights.

SECTION FIVE -- Rights of the Complainant No Complainant shall be denied the right:

1. to a reasonable time to prepare an adequate case;
2. to present any testimony or witnesses in presenting his/her case;
3. to receive assistance from a student or faculty member of his/her choice; or to receive assistance from the Judicial Affairs office;
4. to a fair and equitable hearing.

The Judicial Board System

SECTION ONE – Judicial Board System The Judicial Board System shall be composed of the Student Integrity Board and the Student Faculty Board.

SECTION TWO – Judicial Board Charters Each Board of the Judicial System shall be chartered in the Student Body Statutes. Each charter shall contain specifications detailing Board jurisdiction, composition, qualifications for election, and rules of procedure.

SECTION THREE -- Judicial Board Membership No member of the Student Body Judicial Board may be a Student Body Officer, or Senator, or may hold another position within the Judicial System. Members of the Student Body Judicial Board shall be selected through the process detailed in the Student Code of Student Conduct.

SECTION FOUR – Judicial Board Officers Each Board shall, at its first meeting, elect from the Board a Chairman, a Clerk or Recorder, and any other officers necessary for the successful operation of the Board.

The Judicial Affairs Office

SECTION ONE -- Judicial Affairs Office Powers And Duties The Judicial Affairs Office shall:

1. conduct investigations for Student Body Judicial Boards;
2. offer assistance of a Student Representative to any defendant desiring such assistance for Student Body Judicial Board proceedings;
3. assume responsibility for the records of the Student Body Judicial Board;
4. assume such other responsibilities as may be detailed in the Student Body Statutes.

SECTION TWO -- Judicial Affairs Office Composition The Judicial Affairs Office shall be composed of:

1. The Student Chief Justice;
2. staff members appointed by the Student Body Chief Justice with approval of the Student Senate.

The Chief Justice

SECTION ONE -- Chief Justice The Chief Justice shall be elected by the Student Body at large.

Candidates for election as Chief Justice must have served on the Academic Integrity Board or as an assistant to the Chief Justice for at least two full semesters.

SECTION TWO -- Power And Duties The Chief Justice shall:

1. be responsible for the operation of the Judicial Affairs Office and the Student Judicial Boards;
2. effect liaison between the Student Senate, the Student Development Office, the Executive Cabinet, and the various parts of the Student Judicial System;
3. assist the Student Body President in the performance of his duties;
4. serve as chair of judicial proceedings;
5. organize selection of all judicial board members;
6. administer with the Coordinator of Judicial Programs;
7. serve as a voting member of the Sports Club Authority.

SECTION THREE -- Line Of Succession If the Chief Justice is removed or leaves for any reason he/she shall be replaced by his/her Executive Assistant. However, a special election shall be held thirty (30) days after the vacation of this position to elect a new Chief Justice unless the spring election date falls within this thirty (30) day period.

Article IV

We, the North Carolina State University Community, in order to foster an environment of scholarship and mutual disdain for academic dishonesty, hereby commit ourselves to uphold the principles of honor, integrity, and moral responsibility. As a community we deem it necessary:

to cultivate within each member these principles which will be adhered to throughout one's life;

to create trustworthy members of the community by placing trust in them;

to prevent any student from gaining an unfair advantage through dishonesty.

Furthermore, it is the responsibility of the members of the North Carolina State University Community:

to exercise judgement in accordance with these principles;

to encourage fellow members of the community to uphold these principles;

to conduct themselves in a manner consistent with the Code of Student Conduct.

Article V STUDENT MEDIA AUTHORITY

Preamble – Code of Ethics The student media are valuable in establishing and preserving an atmosphere of free and responsible discussion and intellectual exploration within the University community. To that end, the Student Media Authority exists to ensure that the code of ethics is followed. If such a goal is to be reached, freedom of inquiry and expression are guaranteed and, of equal importance, corollary responsibilities must be exercised by student editors and managers to provide reliable and responsible journalism. Such responsibilities include the avoidance of libel, obscenity, undocumented allegations, undue harassment, and unwarranted attacks on personal integrity.

SECTION ONE – Student Media Authority jurisdiction All Media which are supported in whole or in part by funds from University Student Media Fees shall be defined as Student Body Media and shall be under the jurisdiction of the Student Media Authority.

SECTION TWO – Student Media Authority composition Representation of the Media Authority shall be:

1. one representative from each Student Body Media, chosen as stipulated in the Student Media Statutes.
2. Student Body Representatives shall be elected at-large to equal one more than the total representation from the Student Body Media;
   Student Body Representatives at-large shall be elected by a majority of those students voting in the Student Body Elections. Members must not be members of the Student Senate or of a Student Body medium. In the event that conditions call for the election of an additional Representative at-large in the interim between Student Body Elections, the Student Senate shall elect the needed Representative;
3. The President of the Student Body as an ex-officio member.
4. The Treasurer of the Student Body as a non-voting ex-officio member.

SECTION THREE – Student Media Authority powers and duties The Student Media Authority shall:

1. Update and determine the Charters for each student body medium.
2. Select the publication's editors and the radio station manager, provided that all such appointments be made in sessions open to the Student Body.
3. Determine an annual media budget for the student media and for the Student Media Authority.
4. Determine and update when necessary, the Student Media Statutes
5. Determine and update when necessary, the Documents of Policy.
6. Approve contracts for services.
7. Approve the transfer of funds to and from the Media's Reserve.

SECTION FOUR – Student Media Authority Officers The Student Media Authority shall elect from the Student Body Representatives a Student Media Chair, who shall serve as a presiding officer.

SECTION FIVE – The Student Media Statutes The Student Media Statutes shall be the by-laws of this Article of the Constitution and shall require passage by a two-thirds majority vote of the Student Media Authority every year and shall not require passage by the Student Senate.

Each Student Body Media Charter must be entered in the Student Media Statutes. The Student Media Statutes shall be considered a part of the Student Body Documents and shall be available for the information of the Student Body.

Article VI STUDENT BODY STATUTES

The Student Body Statutes shall be the by-laws of the Constitution and shall require passage by a two-thirds majority vote of the Student Senate.

Article VII AMENDMENTS TO THE STUDENT BODY CONSTITUTION

All amendments to this Student Body Constitution shall require a two-thirds majority vote of those students voting in the Student Body Referendum following:

1. a two-thirds majority vote of the Student Senate, or
2. a petition signed by fifteen percent of all University enfranchised students