The gamecock. (Columbia, S.C.) 1908-2006, January 18, 1989, Page 6, Image 6
STUD]
CONSTITl
Student voting on Constitution Revi
Theatre from 9:00 am - 6:00 pm. \
NOTE: THE BOARD OF TRUSTEES IS BY LAW THE GOVERNING BOARD Se<
OF THE UNIVERSITY AND THIS CONSTITUTION IN NO WAY
ABROGATES OR LIMITS THE AUTHORITY OF THE BOARD IN MATTERS
OF GOVERNANCE.
Preamble
We, the Students of the University of South Carolina, in order to conduct student
affairs in an efficient, orderly, and systematic manner, do define clearly the
powers and responsibilities 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 university may be directed. We do hereby ordain
and establish this constitution for the Student Government of the University of
South Carolina.
ARTICLE I THE ESTABLISHMENT OF STUDENT GOVERNMENT
Section 1 Name
The name of this body shall be the Student Government of the University
of South Carolina, hereafter referred to as the Student Government.
Section 2 Jurisdiction
All students, by virtue of their registration at the Columbia campus of the
University of South Carolina, shall be members of the Student Body and
shall be subject to this constitution, and its Constitutional Codes, and the
Student Government Statutes.
Section 3 Franchise
All students registered at the Columbia campus shall be entitled to vote
in special and general elections of the Student Government.
ARTICLE II EXECUTIVE POWERS
Section 1 Executive Officers
All executive powers of the Student Government shall be vested in a President,
a Vice President, and a Treasurer who shall be elected in a manner
provided for by the Constitution and Constitutional Codes of Student
Government.
Section 2 Election of Executive Officers
The President, Vice President, and Treasurer shall be elected by a majority
of those voting in Student Government Elections (a majority being defined
as fifty percent (50%) plus one of the total votes cast in a general election).
Section 3 Duties and Powers of the President
A. The President shall:
1. Uphold the Constitution and Constitutional Codes of the Student
Government and administer all regulations established in the Senate
Statutes.
2. Have the power to veto or sign acts of the Senate, provided that
he or she exercises such power within six (6) school days or ten
(10) calendar days of passage, whichever comes first. A veto of
Senate Statutes may be over-ridden by a two-thirds (2/3) vote of
the Senate. If the President takes no action within the stated
time period, the act is considered approved.
3. Call special sessions of the Senate.
4. Make recommendations for legislation to the Senate. gec^
5. Address the Senate at the beginning of each semester and at other
times upon invitation of the Senate.
6. Appoint cabinet members and Judicial Board members as specified
herein, with the concurrence of a majority of the Senate.
7. Remove any cabinet member from an appointed executive position.
8. Appoint such officials that he or she deems necessary for the expeditious
conduct of Student Government business.
9. Act as the official representative of the Student Government and
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the President of the University.
10. With the assistance of the Treasurer, provide for the preparation Sect
and presentation of the Student Government budget.
11. Receive a stipend, as provided for in the Constitutional Codes,
which shall not be increased or diminished during his or her term
of office.
Section 4 Duties and Powers of the Vice President
A. The Vice President shall:
1. Serve in lieu of the President in his or her absence or disability
and succeed to* that office should it become permanently vacated.
2. Serve as presiding officer of the Senate and vote only in the event
of a tie.
3. Appoint the members of Student Government Senate
Committees.
4. Appoint such officials as the Senate shall deem necessary of the
expeditious conduct of Senate business.
5. Communicate all acts and resolutions of the Senate to the President
of Student Government.
6. Appoint the Clerk of the Senate with the consent of the Senate.
7. Make appointments to fill vacant Senate seats with concurrence
of the majority of the Senate. Appointments shall be made from
the district in which the vacancy exists.
8. Receive a stipend, not to exceed that of the President, which shall
not be increased or diminished during his or her term of office.
9. Appoint chairpersons to Senate Committees with the concurrence
of a majority of the Senate.
Section 5 Duties and Powers of the Treasurer
A. The Treasurer shall:
1 . Have access to all financial reenrrlc of arn? otiJonf nnronmotiA,,
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or body which receives monies from Student Activities Fees, and
be empowered to enforce University and Student Government
regulations pertaining to these funds and to enforce any agreements
between the Organization(s) and the Senate Finance Committee.
2. Serve as a non-voting member on the Senate Finance Committee.
3. Record all receipts, expenditures, and appropriations of monies
from Student Government. These records shall be made public and
subject to audit as the Senate may provide.
4 . With the assistance of the President, be responsible for the preparation
and presentation of the Student Government Budget.
5. Receive a stipend, not to exceed that of the President, which shall
not be increased or diminished during his or her term of office.
Section 6 Term of Office
The President, Vice-President, and Treasurer of Student Government and
all officers appointed by them in the Executive Branch shall maintain in
good conduct their respective offices from the inauguration of the President
to the inauguration of the new President.
Section 7 Duties and Powers of the Attorney General
A. The Attorney General shall:
1. Be appointed by the President of Student Government and assume
duties upon concurrence of a majority of the Senate.
2 . When solicited, provide opinions on questions of constitutionality.
3. In the event that impeachment proceedings are brought against
the Senior Justice, serve as a member of the Court of Impeachment.
4. Certify all Student Government Elections pursuant to the Constitutional
Election Codes.
5 . In the event of a constitutional challenge, represent Student
Government before the Campus Organization Judicial Appeals
Board.
ARTICLE III THE LEGISLATURE
Section 1 Legislative Powers
The legislative power of the Student Government shall be vested in a Student
Senate, hereafter referred to as the Senate, and its statutes shall have
binding effect on all Student Government Bodies. Further, organizations
that receive funds from Student Government aUncalim^ shall h?? anh.
ject to Senate Finance Committee guidelines.
Any questions about the revisions
ENT GOVERNMI
ITTON WTTH RF1
sions will be Wednesday, January 25th
ralid student I.D. card required.
ition 2 Composition
A. Composition of the Senate shall be as follows:
1. There shall be an elected group of student representatives known
as Senators.
2. From this body the Senate shall select a President Pro Tempore.
3. The duties of the Clerk of the Senate shall be as follows:
a. Take the official minutes and roll of all Senate Meetings.
b. Maintain an archives in which shall be placed an official correspondence
as well as reports and other information pertinent to
the legislative body.
c. Send, receive, and distribute all official correspondence of the
Senate.
d. Perform any other duties assigned by the presiding officer or
a majority of the Senate.
e. Not be a voting member of the Senate.
f. Receive a stipend as provided for by the Senate Statute.
B. Representation
1. Senate reapportionment shall take place before the Spring election
of each year. The most current official enrollment statistics
for a complete semester shall be used as the basis for
reapportionment. AR
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kjcnotc uiotucts siictii uc ctppurtiuneu oenaxe seats pursuant to tne Sec
following scale:
101 to 1000 students - 2 seats
1001 to 2000 students - 3 seats
2001 to 3000 students - 4 seats
3001 or more students - 5 seats
2. Senate districts will be confined to colleges of the University to
be as follows:
District 1 - Science and Mathematics
District 2 - Applied Professional Sciences
District 3 - Social work
District 4 - Library and Information Sciences gec
District 5 - Humanities and Social Sciences
District 6 - Business Administration
District 7 - Education
District 8 - Engineering
District 9 - Journalism
District 10 - Criminal Justice c
District 11 - Law School
District 12 - Medical School
District 13 - Nursing
District 14 - Pharmacy
District 15 - Health
3. If new colleges are added to the University, they shall be included
in this plan according to Article 111, Section 2, Subsection B-l.
4. If a college maintains an enrollment of fewer than 101 students,
the Senate Rules Committee shall make a recommendation to
the Student Senate as to the district into which said college
shall be placed. Such placement shall be specified in the Constitutional
Codes.
5. All students shall be represented from their colleges, regardless
of residence status or class. A Senator may only represent a college
in which he or she is enrolled.
;ion 6 Election 01 Senators
A . The election of Senators shall be done as provided by the Constitution
and Constitutional Codes. gecl
B. Any vacancies in the Senate will be filled by appointment by the Vice
President, with the concurrence of a majority of the Senate. Appointments
will comply with Article III, Section 2, Subsection B.5
C. The Senators of the Student Government and all officers appointed
by them in the Legislative Branch shall maintain in good conduct their
respective offices for a term of one year from the inauguration of the
President to the inauguration of the new President.
ion 4 Duties and Powers of the Senate
A. The Senate shall, in accordance with this Constitution:
1. Enact, by a majority vote, Constitutional Codes to this Constitution
as provided in Article VI.
2. Have the power to enact Student Government Statutes governing
the non-academic conduct of the Student Body subject to
approval by the President of the University. These Statutes to
be known as "SBL's", meaning Student Body Legislation, may
not conflict with, or supersede, the Constitution or Constitutional
Codes except as provided for in Article VI.
3. Propose by two-thirds (2/3's) vote amendments to this
Constitution.
4. Ratify all appointments made to the Cabinet and Judicial Branch
by the President of the Student Body by a majority vote.
5. Establish its own meeting time and rules of procedure.
6. Elect, as the first order of business of each newly elected Senate,
a President Pro Tempore from its membership. He or she shall be
a voting member of the Senate. He or she shall act in lieu of the
Vice President of the Student Government in his or her absence
or disability and shall succeed to that office should it become permanently
vacated. The appointment of the Clerk of the Senate shall
be ratified within one week of the appointment.
7. Hear the President of Student Government as directed in Article
II, Section 3, subsection A.5, or by Senate rules. Sect
8. Allow no proxies, substitutes, or alternates to act in place of a
Senator.
9. Conduct all Student Senate Meetings in accordance with the
South Carolina Freedom of Information Act.
10. Allow non-members to address the Senate upon invitation of a
majority of that body.
11. Have sole power to declare vacancies in its membership for reasons
to be determined by its statutes.
12. Provide for the holding of a referendum on pertinent issues to
the student body, given a two-thirds (2/3) approval by the Senate. Secti
13. Have the power to subpoena any officer of Student Government
or the Senate by a majority vote.
14. Have the power to pass resolutions by a majority vote which will
not be subject to presidential veto.
15. Subject to the approval of the President of the Student Government
and the President of the University, provide for the allocation
of Student Activity Fee Funds and may recommend changes
in the Student Activity Fee.
16. Have the sole power of impeachment of elected or appointed
officials of the Student Government of the University of South
Carolina. Impeachment shall require a two-thirds (2/3) vote of
the Senate. The Clerk of the Senate shall notify the Senior
Justice to begin impeachment proceedings upon receipt of written
charges signed by the individual or official intiating the
charges with the document having been witnessed and notarized.
The following shall occur:
a.Impeachment shall be defined in the Constitutional Codes.
Impeachment charges may only occur for those reasons stated
in the Codes.
b .Notice of receipt of impeachment charges of any officer except
for the Senior Justice shall be served by the Clerk of
the Senate to the Senior Justice.
c.The Senior Justice shall then call a session of the Senate
Judiciary Committee within ten (10) working days of such
notice to consider impeachment charges and/or to try the impeachment.
During these proceedings, the committee shall
be known as the Court of Impeachment. The Student Government
Advisor shall attend all impeachment proceedings as
a non-voting member,
d .The Senate Judiciary Committee shall be comprised of at least
five Senators in order to sit as a Court of Impeachment. If
at the time of consideration of impeachment charges the Committee
is not comprised of at least five Sentors, the Vice President
shall appoint to the Committee the number of Senators
necessary to fulfill this requirement. If impeachment charges
have been brought against the Vice President, all responsibilities
nf thl> Vice PrpsiHent in thp imneaplunent nrnraec
shall be performed far the President Pro Tempore of the-Sta?
dent Senate.
BOLD print represents revisions
i should be directed to the Student Government Office Ru
2 NT
VISIONS
in front of the Russell House
e. If impeachment charges are brought against the Senior Justice,
the Clerk of the Senate shall notify the Chairperson of the Senate
Judiciary Committee. The Chairperson shall then serve as
Chairperson of the Court of Impeachment and call the committee
into session. The Attorney General shall serve as a member
of the Court in such cases.
f.A recommendation for conviction or acquittal to the full
Senate shall require a two-thirds (2/3) concurrence of the
members of the Court. Failure of the Court of Impeachment
to make recommendation to the Senate within thirty days of
receipt of charges shall constitute acquittal.
g .Conviction or acquittal shall require a two-thirds (2/3) concurrence
vote of the recommendation of the Court of Impeachment
by the Student Senate.
Judgement in cases of impeachment shall not extend further than removal
from any office held in Student Government. However, the party impeached,
whether convicted or acquitted, shall be liable to prosecution according to
State and Federal T.aw
No officer shall exercise any official duties or receive a stipend after being
impeached.
TICLE IV THE JUDICIARY t
:tion 1. JUDICIAL AUTHORITY
The student discipline system is administered by the Division of Student
Affairs. Student Government, as an elected and representative voice
of the Student Body, has the right to comment on any proposed charge
in policy pertaining to the discipline of students. All student appointments
to Judicial Boards shall be nominated by the President of the
Student Body with a majority concurrence of the Student Senate. The
student discipline system is not a part of Student Government and interacts
with Student Government only to the extent authorized by the
Board of Trustees as stated in this Constitution.
tion 2. CONSTITUTIONAL CHALLENGE
The authority to review and rule on Student Government constitutional
challenges shall be vested in the Student Organizations Judicial Appeals
Board. Decisions of the Student Organizations Judicial Appeals
Board may be appealed in writing to the President of the University.
tion 3. APPOINTMENT, DUTIES, AND RESPONSIBILITIES OF THE
SENIOR JUSTICE:
A. From the judicial student board members duly appointed and trained,
the Student Government President shall, with the concurrence of
a majority of the Senate, designate a Senior Justice for a one-year
term with responsibility to:
1. Administer the oath of office to all elected Student Government
officials.
2. Serve on the Student Organizations Judicial Appeals Board.
3. Serve as the Chairperson of the Court of Impeachment and shall
maintain in good conduct his or her respective office for a term
of one (1) year from the time of appointment until the appointment
of his or her successor.
4. Relinquish all of his or her power and responsibility on both the
Court of Impeachment and the Campus Judicial Boards upon
removal from either body.
riCLE V ELECTIONS AND QUALIFICATIONS
lion 1 Qualifications for Office
A . The President of Student Government must be at least a junior in class
standing at the time of inauguration and must have earned at least thirty
(30) hours at the University of South Carolina-Columbia Campus.
B. The Vice President of Student Government must have earned at least
45 credit hours at the time of inauguration and must have earned at
least thirty (30) hours at the University of South Carolina-Columbia
Campus.
C. The Treasurer of Student Government must be at least a sophomore
in class standing at the time of inauguration with at least fifteen (15)
hours earned at the University of South Carolina-Columbia Campus.
D. Where class standing is a requirement for office, class standing shall
be defined as follows:
1. Junior Standing-60 hrs.
2. Sophomore Standing-30 hrs.
E. Any student who is considered full time by University policy may be
a candidate for any office provided the other specific requirements
for the particular office are satisfied.
F. No Senator may simultaneously be a member of the Executive Branch
or serve on a Judicial Board.
G. No member of the Executive Branch may simultaneously serve in the
Legislative Branch or serve on a Judicial Board.
H. No member of a Judicial Board may simultaneously serve in the
Legislative or Executive Branch of Student Government.
I. All elected or appointed Student Government officials must maintain
the cumulative GPR requirement for graduation and remain in good
standing in their respective college and shall cease to serve at any
time these standards are not maintained.
ion 2 Time of Election
Election shall be held prior to Spring Break. The exact date shall be determined
by the Constitutional Election Code and Senate Statute. The following
offices shall be filled on that day:
A. President of Student Government
B. Vice President of Student Government
C. Treasurer of Student Government
D. Student Government Senators
E . Any others provided for by the Senate Statutes.
ion 3 Procedure for Elections
A. Procedure for nomination and elections shall be stated in the Constitutional
Codes and Senate Statutes.
B. Election officials will be appointed by the Student Government President
and confirmed by a majority vote of the Senate. These officials
shall not hold any other Student Government elective office and shall
noi De engioie ior election while serving in that appointed position.
C. Each candidate will be responsible for the knowledge and compliance
of the qualifications for the office which he or she seeks, and election
rules as established by the Senate Statutes.
D. All elections shall be conducted by secret ballot.
E . To be elected, a candidate for the Senate must receive a plurality of
the total votes cast in the first election where the seat is contested. Candidates
for Executive Office are subject to regulations as prescribed in
Article II, Section 2. In the event that an Executive Office candidate
does not receive a majority vote, within fourteen (14) days after the
first election there shall be a run-off election on a day designated by
the Constitutional Election Codes. Upon approval by a majority vote
in the run-off, a candidate shall be declared elected.
[CLE VI AMENDMENTS
Amendments to this Constitution may be proposed by a two-thirds (2/3's)
vote of the Senate, or by petitions of 1,500 members of the Student Body.
Proposed Amendments must have the approval of the President of the
University prior to being presented to the Student Body for ratification.
Amendments shall become part of this Constitution upon ratification
by a majority of votes cast in an election of the Student Body, provided
that the proposed amendments have been published in The Gamecock
iicwopapci at icasi unc wetjis. pnur lu uie vote oi tne student ooay.
1
Amendments may be made to the Constitutional Codes of this Constitution
through Senate vote. The amendments must be read, and debated
if necessary, at two consecutive Senate meetings which shall be held
not less than one week apart. Only at the second meeting may a vote
be taken, requiring a simple majority for approval. By following this
procedure, Senate approved legislation may amend the Constitutional
Codes. Legislation amending the Constitutional Codes requires the approval
of the President of the Student Body and the President of the
University.
Revised 12/15/88
ssell House 1st floor.