Constitution

UNIVERSITY OF SOUTH CAROLINA AIKEN
STUDENT GOVERNMENT ASSOCIATION CONSTITUTION

PREAMBLE

We, the students of the University of South Carolina Aiken, in order to conduct student affairs in an efficient, orderly, and systematic manner; to define clearly the powers of the students; to secure for ourselves training and experience in self-government; and to provide an organizational framework through which our efforts for a better institution may be directed, do hereby ordain and establish this Constitution for the Student Government of the University of South Carolina Aiken.

ARTICLE I. The Establishment of Student Government
Section 1. NAME
The name of this organization shall be the Student Government Association of the University of South Carolina Aiken.

Section 2. COMPOSITION
The Student Government Association shall be composed of two equal branches: the Legislative and the Executive.

Section 3. JURISDICTION
All students registered at the University of South Carolina Aiken shall be members of the Student Body and shall be subject to this Constitution and its by-laws and the Student Government Statutes.

Section 4. FRANCHISE
Only students registered at the University of South Carolina Aiken shall be entitled to vote in the special and general elections of the Student Government Association.

ARTICLE II. The Legislative Branch
Section 1. NAME
All legislative powers herein granted shall be vested in the Student Senate

Section 2. COMPOSITION
The Student Senate shall consist of eighteen senators with three elected from each college, two selected from each school and six elected at-large. The Vice President of the Student Government Association shall be President of the Senate and preside over the Senate meetings. The Vice President shall have no vote unless the Senate be equally divided.
 
Section 4. PUBLIC ACCESS
The Student Senate shall convene at a regularly stated day and time no less than twice per month. A simple majority of the Student Senate's filled seats shall constitute a quorum. At no time shall the senate conduct business when there are less than ten filled seats.

Section 5. DUTIES AND POWERS
The Student Senate shall have the power to pass any laws which shall be necessary and proper for carrying into execution this Constitution in order to represent the Student Body and to conduct an efficient Student Government. A three-fourths vote of the Senate's filled seats shall override a presidential veto. The Senate shall abide by its own established by-laws for conducting business. The Senate may pass resolutions which shall not carry the full weight of laws or statutes. Resolutions shall be interpreted as recommendations. The Senate shall have the sole power to bring impeachment proceedings against an official of the Student Government Association.

Section 6. TERMS ON OFFICE
Senators shall be elected for a term of one year. The college and school senators shall take office on the day of Spring Commencement. The at-large senators shall take office at the first Senate meeting of the Fall semester after elections.

ARTICLE III. The Executive Branch
Section 1. COMPOSITION
The executive branch shall be composed of a President, a Vice President, and a Secretary/Treasurer.

Section 2. DUTIES AND POWERS OF THE PRESIDENT
The President:Shall act as the official representative of the Student Body; may initiate legislation in the Student Senate and shall have the right to enter in the debate on said legislation. On all matters the President must receive the approval of the Senate to enter the debate;
Shall have no vote in the Senate;
Shall appoint a Pro Tempore of the Senate with Senate confirmation in the form of a majority vote of filled seats;
Shall have the power of a line item veto over any bill presented to him/her;
Shall deliver a State of the Campus address during the first regular session of the Senate on the Spring semester;
Shall act on all bills in either the affirmative or the negative within five school days from the time they are presented to the President; otherwise they automatically become law;
Shall head the Student Government Association Cabinet which shall be composed of the Vice President and the Chairmen of these standing committees;
Shall assume all powers and responsibilities pertaining to this office and faithfully execute this Constitution, its by-laws and the Student Government Statutes.

Section 3. DUTIES AND POWERS OF THE VICE PRESIDENT
The Vice President: Shall succeed to the office of President should that office be permanently vacated;
Shall assume the powers and duties of the President in the temporary absence of the President;
Shall be the presiding officer of the Student Senate;
Shall assume all powers and responsibilities pertaining to this office;
Shall assist and cooperate with the President as necessary.

Section 4. DUTIES AND POWERS OF THE SECRETARY/TREASURER
The Secretary/Treasurer: Shall maintain an archive consisting of the Constitution, by-laws, statutes and resolutions;
Shall keep minutes of all meetings and be responsible for posting all minutes;
Shall send and receive and distribute all official correspondence;
Shall be authorized to delegate clerical duties;
Shall record all receipts, expenditures and appropriations of the monies of the Student Body;
Shall be an ex-officio member of the finance committee;
Shall have no vote in the Senate;
Shall perform any other duties germane to this office as assigned by the President.

Section 5. TERMS OF OFFICE
The executive branch shall be elected in the Spring semester. They shall assume their respective offices on the day before Spring Commencement and serve until the day before Spring Commencement of the next year.

ARTICLE IV. Elections
Section 1. PROCEDURES Procedures for election to Student Government offices, pursuant to this Constitution shall be provided for by the Student Government Statutes and as further enumerated in this Constitution.

Section 2. QUALIFICATIONS
All Student Government offices require that the student must have and maintain at least a 2.0 cumulative grade point average, as well as be in good standing with the University.

Section 3. DUAL OFFICE HOLDING
No on shall hold more than one Student Government office.
 
 
Section 4. ELECTION RETURNS
Counting of election returns in all Student Government elections shall be open to witness by the Student Body.

Section 5. ELECTIONS TO FILL VACANCIES
Elections to fill vacated offices shall be for the unexpired term of that office. With exception to vacancies due to recall and impeachment all vacancies shall be filled at a set regular election at the beginning of the Spring and Fall semesters.

Section 6. OATH OF OFFICE
All Student Government officials shall take the following oath upon assuming office: "I do solemnly affirm that I have read, understand and will uphold the Student Government Constitution of the University of South Carolina Aiken, and I will faithfully uphold the office of (name of office) of the Student government Association." Executives shall be sworn in by their predecessor; Senators shall be sworn in by the new Vice President.

ARTICLE V. Impeachment and Removal of Members
Section 1. IMPEACHABLE OFFICIALS
Any Student government official may be impeached.

Section 2. IMPEACHABLE OFFENSES
Impeachable offenses shall be negligence or dereliction of constitutional duties or conviction by a civil authority of a felony.

Section 3. DEFENSE
All impeached members will be given the opportunity to speak in their defense.

Section 4. PROCEDURES
Impeachment of the President shall be handled in the following manner: A petition of impeachment signed by one-third (1/3) of the Senate (filled seats) shall be turned over to the SGA Vice President. Removal will require a two-thirds (2/3) vote of the Senate (based on filled seats). In the event of the removal of the President, the SGA Vice President shall become the SGA President and the Pro Tempore of the senate shall become the Vice President of SGA. A new Pro Tempore will then be appointed in the regular manner.
Impeachment of the Vice President shall be handled in the following manner: A petition calling for the removal of the Vice President signed by one-third (1/3) of the Senate (filled seats) must be turned over to the Pro Tempore of the Senate. The Pro Tempore will chair the proceedings. Removal will require a two-thirds (2/3) vote of the Senate's filled seats. Upon removal or resignation of the Vice President, the Pro Tempore of the Senate shall become Vice President and a new Pro Tempore will be appointed in the regular manner.
 
 
ARTICLE VI. Recall
Section 1. PURPOSE
This article is based upon the principle that officials are mere agents of the popular will and, as such, should be constantly subject to their control.

Section 2. PROCEDURES
Recall can be initiated by not less than fifteen percent (15%) of the official's electorate signing a recall petition against stated official. Petitions of recall shall be presented to the Senate and may not be tabled.

Section 3. LEGISLATIVE RESPONSIBILITY
The Senate shall provide for the timely election of seats vacated due to recall.

ARTICLE VII. Initiative
Section 1. PURPOSE
To provide an opportunity for the Student Body to frame or direct the senate to enact a certain law.

Section 2. PROCEDURES
Initiative procedures shall require the signatures of not less than fifteen percent (15%) of the Student Body. Initiative petitions shall be presented to the Senate and may not be tabled.

Section 3. LEGISLATIVE RESPONSIBILITY
The Senate shall enact legislation providing procedures for a prompt, orderly referendum to be held on the legislation introduced in the initiative petition.

ARTICLE VIII. Student Organizations
Section 1. JURISDICTION
The power to recognize all student organizations lies with the Senate with final approval by the Associate Chancellor for Student Services. All recognized organizations shall be subject to this Constitution, its by-laws, and its statutes.

Section 2. RECOGNITION PROCESS
The Senate shall provide for the equal, fair and consistent recognition of student organizations in its statutes. This process shall reflect the protection of First Amendment rights and current case law.

Section 3. RIGHTS OF RECOGNIZED STUDENT ORGANIZATIONS
Recognized student organizations shall be afforded certain rights and privileges. These privileges shall be enumerated in Senate statutes.

ARTICLE IX. Constitutional Amendment
Section 1. PETITION
A petition signed by no less than twenty percent (20%) of the Student body shall be necessary before an amending bill may be brought before the Senate. An amending bill may not be tabled.

Section 2. SENATE APPROVAL
Legislative approval of an amending petition shall require a two-thirds (2/3) majority vote (of filled seats).

Section 3. STUDENT BODY RATIFICATION
After a petition has received Senate approval, it must then be presented to the Student body. Approval by the student body shall consist of a simple majority vote of those voting. Upon Student Body ratification, the petition shall become an integral part of this constitution.

ARTICLE X. Constitutional Ratification
Section 1. ELECTORS
Only students of the University of South Carolina Aiken shall be electors.

Section 2. VOTING
Each elector shall have one vote and a simple majority of the votes cast shall be necessary for ratification.

Section 3. EFFECTIVE DATE
This Constitution shall become effective immediately upon ratification by the electorate.

ARTICLE XI. Constitutional Review
Section 1. PROCEDURES
The Senate shall provide for a review process to occur every three years in their statutes. Recommended changes shall be addressed through the amending process (Article IX).

ARTICLE XII. Constitutional Implementation
Section 1. CURRENT LEGISLATIVE BODY
The current student legislature shall: Serve until new officials take office;
Provide for an orderly transitional election under the current election statutes.

Section 2. CURRENT STATUTES AND BY-LAWS
Ratification of this constitution shall make all current statutes and by-laws null and void. The only exception to this will be the Election Statutes which shall remain in effect until the election is over.

UNIVERSITY OF SOUTH CAROLINA AIKEN
STUDENT GOVERNMENT ASSOCIATION
BY-LAWS
ARTICLE I. Procedure: All resolutions shall be approved in the Senate by a two-thirds majority of present, voting members.

The Senate shall meet on a regular basis to be decided at the beginning of each semester. The Senate shall meet no less than twice a month. Special meetings of the Senate may be called by the President of the Student Government Association or by written request of at least 50 percent of the entire official voting membership. At least two days written notice shall be given prior to a meeting, except in case of an emergency, the term "emergency" being left to the interpretation of the SGA President, Vice President and Pro-Tempore of the Senate.

A simple majority vote shall be defined as more than half the members who are present and voting, exclusive of abstentions.

A majority vote shall be defined as more than half the members who are present and voting, exclusive of abstentions.

The Secretary/Treasurer shall keep an accurate record of members present at a meeting. The record shall be included in the minutes of the meeting.

The President shall appoint a Parliamentarian with two-thirds approval of the Senate. Robert’s Rules of Order shall be the parliamentary authority except when in conflict with the Constitution or By-Laws.

A Previous Question may not be moved without allowing ample time for opposing sides to speak.

The agenda for each meeting will be set under direction of the Vice-President as follows:

• Call to Order
• Recording of Attendance
• Approval of the minutes
• SGA President’s Report
• SGA Secretary/Treasurer’s Report
• Standing Committees’ Reports
• Special/Ad Hoc Committees’ Reports
• Unfinished Business
• New Business
• Special Order Calendar
• Announcements
• Adjournments

Each member of the Senate shall be present and cast only one vote. The President and Secretary/Treasurer shall not cast a vote. The presiding official, the Vice President or the Pro-Tempore, shall vote only in case of a tie.

In the event there is no chair present to call a meeting to order, no business may be conducted.

ARTICLE II. Pro-Tempore of the Senate: The Pro-Tempore will be appointed within one month after the Fall elections. If there is no appointment, the Senate will make one, but it must receive a two-thirds majority vote.

The Pro-Tempore will act as presiding officer in the event that the Vice-President is unable to.

ARTICLE III. Standing Legislative Committees: Election Committee- The purpose of this committee is to review election statutes and procedures that govern SGA elections and special elections.

Judicial Committee- The purpose of this committee is to handle student grievances, to review and consider club constitutions and recommend new charters.

Finance Committee- The purpose of this committee is to allocate and oversee the use of funds allocated by Student Government. The finance committee handles all matters regarding monies allocated through Student government Association.

Senate Special Relations Committee- The purpose of this committee is to assist the President of the Senate as she/he determines. This committee is to be used by the President of the Senate for internal and external matters involving USCA. This committee is also responsible for coordinating all lobbying efforts that the Student Government Association supports. It will also be the duty of this committee to work with student governments throughout the area, state, regions, and nation. This committee shall have jurisdiction over any special projects or problems that shall arise in the Senate providing that they are not under the jurisdiction of the other standing legislative committees. The Pro-Tempore of the Senate, after being appointed and approved, shall assume the position of chairperson of the Senate Special Relations Committee.

There shall be special and ad hoc committees created by statues in the Senate.

ARTICLE IV. New Student Advisory Council
A. The New Student Advisory Council shall advise SGA on the needs, issues, and
concerns of new students at USC Aiken.
B. The New Student Advisory Council shall consist of three USC Aiken students having
earned twelve or less credit hours at USC Aiken at the time of their application. The
members of the New Student Advisory council shall serve a term of one year. The
President shall appoint a current Senator to serve as a mentor/advisor of the New Student Advisory Council.
C. The members of the New Student Advisory Council shall be allowed to fully
participate in discussion and debate during Student Government meetings. The
council shall be allowed to give regular reports and recommend policy to the Senate
when necessary. However, members of the New Student Advisory Council will not
be allowed to make motions and/or have voting privileges in the Senate.
D. A standing committee, known as the New Student Selection Committee, shall be
established. This committee will consist of four Senators. Its purpose shall be to
nominate the members of the New Student Advisory Council.
E. To determine the nominees, the New Student Selection Committee shall conduct an
application and interview process open to all USC Aiken students who have earned
twelve or less credit hours at USC Aiken. The Senate must approve the nominees by
a vote of simple majority. The members of the New Student Advisory Council must
be chosen no later than the last Friday of September.
F. Any student with twelve of less credit hours earned at USC Aiken shall not be allowed
to serve as Senator or in an executive position.

ARTICLE V. Presidential Committee Appointments: The SGA President shall appoint SGA legislative committee chairpersons from the elected members of the Senate with advice and consent of two-thirds of present, voting senators.

The President is recognized to have the power to appoint members of certain campus and faculty committees. The Senate is not recognized to have the power to nominate candidates for these positions.

If a vacancy occurs in a Presidentially appointed seat on a campus committee, the President must nominate a replacement within 15 school days during the fall and spring semesters or within 2 weeks after the start of school if the vacancy occurs during a summer session, summer vacation, or winter vacation. If this is not done by the President of the SGA, it will be the responsibility of the Vice-President.

The Judicial Committee has the responsibility to interview all Presidential nominees. The Judicial Committee shall inform the Senate of its findings and recommend those whom they deem qualified for confirmation. The Senate shall then, on advice from the Judicial Committee, vote on the confirmation of the nominees. This process shall be carried out in a timely manner so that these positions may be filled as quickly as possible.

All Presidential appointments to said committees must be approved with the advice and consent of two-thirds of present, voting senators.

If a nominee is not confirmed, the President must present another candidate by the next regular Senate meeting. The President may present a list of nominees at a regular meeting, the nominees listed in order of preference.

ARTICLE VI. Student Government Association President

The President shall make reports to the Senate on a regular basis.

The President shall have the authority to remove his appointments with advice and consent of two-thirds of the Senate.

The President shall play an active role in commencement.
The President shall keep a record of all correspondence, memoranda, and proclamations which hereafter shall be the property of the Senate only when needed as evidence or proof.

The President shall have the power to appoint any student eligible to serve in SGA to fill any vacant seat in the Senate due to resignation or impeachment with the approval of a simple majority of all senators present. This amendment shall be in effect as soon as it is passed by a simple majority of the members of the Senate present.

  ARTICLE VII. Parliamentarian
The Senate Parliamentarian shall conduct a special meeting within 35 days of being appointed to review with the Senate Robert’s Rules of Order.
The Parliamentarian shall be seated next to the presiding officer for the purpose of maintaining order.
It will be the responsibility of the Parliamentarian to keep a record of all rules and statues governing the actions of the senate and procedures of the Senate.

ARTICLE VIII. Attendance

Any member of the Senate who, during the semester, shall be absent from the Senate from three unexcused meetings shall be censured.

The Vice-President must call for impeachment of a Senator on the fourth unexcused absences.

All committee meetings shall be considered a regular Senate meeting for purposes of attendance.

The absence of a member of the Student Government Association is contingently excused due to verifiable reasons of academic necessity, athletic participation, occupational requirements, medical infirmity, or religious observance, provided the student notifies SGA prior to the meeting they will miss.

The absence is excused contingent upon the member presenting themselves and their excuse in person to the President, Vice-President, or the Secretary of the Student Government Association. The member must present themselves prior to the next scheduled meeting of the Student Government Association. Failure to meet this requirement results in the absence being recorded as "unexcused" at the following meeting.

ARTICLE IX. Amendment of By-Laws
  All amendments or changes to the By-Laws must be presented in writing to the Senate.

All motions to amend or change the By-Laws will be tabled immediately after being seconded. The change or discussion will then be discussed and voted on in the next meeting in order to offer all members of SGA an opportunity to consider the amendment or change.

All voting on changes or amendments to the By-Laws will be by Roll Call vote.

Changes or amendments to the By-Laws will require a two-thirds majority of present, voting Senators.

ARTICLE X. Statutes: All statutes require a majority vote to pass.
All statutes require a majority vote to amend.

ARTICLE XI. Enactment
 
A. These By-Laws will be enacted on the day of Commencement, May 1991, after approval by the Senate.