GOVERNMENT BILL 14

 

A BILL TO BE ENTITLED AN ACT TO ISSUE A STUDENT REFERENDUM ON THE ADOPTION OF A REVISED STUDENT BODY CONSTITUTION

 

 

 

BE IT ENACTED, by the NC State University Student Senate that:

 

Section 1.       the Student Body Constitution shall be amended to read as follows:

 

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 enrolled in the University and who have paid the Student Government Fee shall be considered citizens 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. At the time of the election, each Officer shall be a citizen of North Carolina State University as well as a student in good standing. Furthermore, the Student Body Officers must remain enrolled in the University, and also remain students in good standing for their entire term in office. The Student Body Officers shall be chosen from the Student Body at large, subject to requirements which 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 to do so;
7. prepare an annual report of the year's Student Government activities following the elections;
8. call and preside at meetings of the Student Body at such times as he sees fit;
9. 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;
10. serve as an ex-officio voting member of the Student Media Authority.

 

SECTION FOUR -- STUDENT SENATE PRESIDENT

The Student Senate President shall:

1. serve as presiding officer of the Student Senate and serve as an ex-officio member of the Senate, but shall have no vote, unless they be equally divided;
2. ensure the forwarding of all legislation within two days of its passage to the Student Body President for his review;
3. call meetings of the Student Senate;
4. assist the Student Body President in the performance of his duties;
5. succeed to the Student Body Presidency in the event of the vacation of that office;
6. exercise the powers of the Student Body President if he 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. 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;
3. prepare and submit to the Student Senate an annual Student Body Budget;
4. serve as an ex-officio member of the Student Senate, but shall have no vote;
5. serve as Student Senate Finance Committee Chair;
6. serve as consultant for all Student Senate finance legislation;
7. be responsible for all office coordination;
8. serve as an ex-officio member of the Student Media Authority, but shall have no vote.

 

SECTION SIX -- STUDENT BODY COMPTROLLER

The Student Body Comptroller shall:

1. be the chief accounting officer of the Student Body;
2. keep a record of all allocations and expenditures of Student Body funds;
3. be responsible for all receipts from organizations and clubs receiving funding from the Student Senate;
4. release all disbursements of Student Body funds;
5. submit to the Student Senate, upon request, a written report of the state of the treasury;
6. serve as consultant for all bank dealings;
7. serve as consultant for all Business Office affairs;
8. serve as a ex-officio member of the Student Senate, but shall have no vote.

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 two-thirds vote.

 

SECTION SEVEN -- STUDENT BODY CHIEF JUSTICE

The Student Body Chief Justice shall:

1. be the chief judicial officer of the Student Body;
2. be responsible for the operation of the Judicial Affairs Office and the Student Judicial Boards;
3. serve as chair of judicial proceedings;
4. serve as Chief Justice of the Student Review board;
5. organize selection of all judicial board members;
6. administer the coordination of judicial programs;

 

LINES OF SUCCESSION

 

SECTION EIGHT -- STUDENT BODY PRESIDENT SUCCESSION

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

 

SECTION NINE -- STUDENT SENATE PRESIDENT SUCCESSION

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

 

SECTION TEN -- STUDENT BODY TREASURER SUCCESSION

If the Student Body Treasurer is removed or leaves office for any reason the duties of the Treasurer shall devolve to the Vice Chair of the Finance Committee. If the Spring Election does not occur within thirty (30) days of the vacation of this position, a special election shall be held thirty (30) days after the vacation of this position to elect a new Student Body Treasurer, to serve the remainder of the vacating official's term.

 

SECTION ELEVEN -- STUDENT BODY CHIEF JUSTICE SUCCESSION

If the Student Body Chief Justice is removed or leaves office for any reason the duties of the Chief Justice shall devolve to the Executive Assistant to the Chief Justice. If the Spring Election does not occur within thirty (30) days of the vacation of this position, a special election shall be held thirty (30) days after the vacation of this position to elect a new Student Body Chief Justice, to serve the remainder of the vacating official's term.

 

STUDENT BODY COMMISSIONS

 

SECTION TWELVE -- 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 THIRTEEN-- 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.

 

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 sixty-four Senators who shall represent each of the colleges of the University and special students.

 

SECTION THREE -- STUDENT SENATE ELECTIONS

At the time of the election, each Senator shall be a citizen of North Carolina State University as well as a student in good standing. Furthermore, Senators must remain enrolled in the University, and also remain students in good standing for their entire term in office. Every senator elected by a College Student Body shall be enrolled in that College, as determined by procedures set forth in the Student Body Statutes.

 

SECTION FOUR -- STUDENT SENATE APPORTIONMENT

Senators shall be apportioned among the colleges and recognized programs according to percentage of enrollment, as specified in the Student Body Statutes.

 

SECTION FIVE -- STUDENT SENATE VACANCIES

In the event of a vacancy in the Student Senate, the Student Senate President shall appoint a replacement from, when practicable, the same college or recognized program.

 

SECTION SIX -- 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 elections;
5. enact by a two-thirds majority vote the Student Body Statutes;
6. provide for the compilation and publication of the Student Body Documents in order that the Student Body may be informed;
7. keep a journal of its proceedings;
8. approve an Annual Student Body Budget for the Student Body funds;
9. allocate Student Body funds;

i.      to agencies of Student Body Government;

ii.     to such co-curricular activities registered with the University 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;

10. 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;
11. override a presidential veto by a two-thirds vote of the Student Senators present and voting;
12. 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:

i.      that individual has been elected by the student body or

ii.     that individual has been approved by the Student Senate through a constitutionally specified majority;

13. 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 Tempore who shall preside over the Senate whenever the Student Senate President is unable to do so.

 

SECTION SEVEN -- 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 EIGHT -- STUDENT SENATE STANDING COMMITTEES

The concerns of the Student Senate shall be investigated and legislation may 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. Select, 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 COLLEGE COUNCILS

 

SECTION NINE -- COLLEGE COUNCILS

Each of the several colleges of the University shall form Student Government organizations known as College Councils. Every College Council shall select representatives according to the guidelines drafted by the particular College 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 College Council.

 

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

 

SECTION TEN -- COLLEGE COUNCILS POWERS AND DUTIES

The College Councils shall:

1. determine policies within their 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 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 College.

 

THE RESIDENCE AREA COUNCILS

 

SECTION ELEVEN -- 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 Off-Campus Area, and the E.S. King Village Area.

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

 

SECTION TWELVE -- RESIDENCE AREA COUNCILS POWERS AND DUTIES

Legislative power for Residence Areas shall be vested in the Inter-Fraternity Council, the Inter-Residence Council, the Off Campus Council, and the E.S. King Village Council. 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.

 

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.

 

SECTION FOUR -- RIGHTS OF THE RESPONDENT

No respondent 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 complainant and any witnesses against him;
4. to present any testimony or witnesses in his defense;
5. to receive defense assistance from a student or a faculty member of his choice, or to receive defense assistance from the Judicial Affairs Office;
6. to appeal any hearing to the Division of Student Affairs on the basis of violation of these rights.
7. to a fair and equitable hearing.

 

SECTION FIVE -- RIGHTS OF THE COMPLAINTANT

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 case;

c.      to receive assistance from a student or faculty member of his choice; or to receive assistance from the Judicial Affairs office;

4. to a fair and equitable hearing.

 

THE JUDICIAL BOARD SYSTEM

 

SECTION SIX -- JUDICIAL BOARD CHARTER

The Judicial Board shall be chartered in the Student Body Statutes. The charter shall contain specifications detailing Board jurisdiction, composition, qualifications for election, and rules of procedure.

 

SECTION SEVEN -- JUDICIAL BOARD MEMBERSHIP

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

 

THE JUDICIAL AFFAIRS OFFICE

 

SECTION EIGHT -- JUDICIAL AFFAIRS OFFICE POWERS AND DUTIES

The Judicial Affairs Office shall:

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

 

SECTION NINE -- JUDICIAL AFFAIRS OFFICE COMPOSITION

The Judicial Affairs Office shall be composed of:

1. The Student Body Chief Justice;

b.     assistants appointed by the Student Body Chief Justice with approval of the Student Senate.

 

THE REVIEW BOARD

 

SECTION TEN -- REVIEW BOARD

The supreme power of judicial review and shall be vested within the Review board of the Student Body.

 

SECTION ELEVEN -- REVIEW BOARD COMPOSITION

The Review board shall be composed of the Chief Justice and at least four Associate Justices, who shall not be Student Body Officers or Senators, appointed by the Student Body President and confirmed by a two-thirds vote of the Senate. Associate Justices must be citizens of the University and shall hold their offices during good behavior.

 

SECTION TWELVE -- REVIEW BOARD CHARTER

The Review Board shall be chartered in the Student Body Statutes. The charter shall contain specifications detailing jurisdiction of the court, composition, qualifications for appointment, and rules of procedure.

 

ARTICLE IV HONOR STATEMENT

 

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. The President of the Student Body as an ex-officio member.
3. The Treasurer of the Student Body as a non-voting ex-officio member.
4. 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 Body President shall appoint the needed Representative subject to the confirmation of the Senate.

 

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 citizens of North Carolina State University.

 

Section 2.       Upon enrollment this act shall be presented, in its entirety, to the Student Body in the form of a single referendum.

 

Section 3.       This act, with the sole exception of Article II Section 2, shall become effective upon approval o f two-thirds of those students voting in the said referendum.

 

Section 4.       Article II Section 2 shall become effective upon the adjournment sine die of the 2002-2003 session of the Student Senate, provided that the aforementioned referendum received approval of two-thirds of those students voting in the said referendum.