ASWOU Governing Documents (2015) PDF

1 ASWOU Governing Documents 2 Table of Contents: 3 4 ASWOU Constitution 5 6 1.) Article I - Basic Student Rights 7 2.) Article II - Senate 8 3.) Article III - Executive 9 4.) Article IV - Judicia...

1 ASWOU Governing Documents 2 Table of Contents: 3 4 ASWOU Constitution 5 6 1.) Article I - Basic Student Rights 7 2.) Article II - Senate 8 3.) Article III - Executive 9 4.) Article IV - Judicial 10 5.) Article V - Elections 11 6.) Article VI - Impeachment 12 7.) Article VII - Incidental Fee Committee 13 8.) Article VIII - Changing the Constitution 14 15 ASWOU Bylaws 16 17 1.) Article I - Recognition 18 2.) Article II - Membership 19 3.) Article III - Executive 20 3.1. Executive Department and Cabinet Positions 21 3.2. Presidential Appointments 22 3.3. Incapacitation 23 3.4. The ASWOU Budget 24 3.5. Line of Succession 25 4.) Article IV - Legislative 26 4.1. Meetings 27 4.2. Membership of the Senate 28 4.3. Senate Leadership 29 4.4. Senator Responsibilities 30 4.5. Senate Committees 31 4.6. Legislation Adoption Timeline 32 4.7. Legislative Signing Authority 33 4.8. Executive Orders 34 4.9. Student Concern Reports 35 4.10. Incapacitation 36 4.11. Attendance 37 4.12. Senate Awards 38 4.13. Honorary Recognition 39 4.14. Question of Privilege 40 5.) Article V - Judicial Board 41 5.1. Membership of the Judicial Board 42 5.2. Meetings of the Judicial Board 43 5.3. Deliberation Process 44 5.4. Governing Documents 45 5.5. Incapacitation 46 5.6. Attendance and Conduct 47 5.7. Oath of Office 48 6.) Article VI 49 6.1. Purpose and Scope 50 6.2. Definitions 51 6.3. Election Timeline 52 6.4. Membership of the Elections Committee 53 6.5. Supervision of the Elections Committee 54 6.6. Election Committee Responsibilities 55 6.7. Elections Code of Conduct 56 6.8. Candidates 57 6.9. Candidate Responsibilities 58 6.10. Endorsements 59 6.11. Cause Organization Responsibilities 60 6.12. Campaign Financing 61 6.13. Campaign Materials 62 6.14. Candidates Forum 63 6.15. Withdrawal 64 6.16. Polling Areas 65 6.17. Voting 66 6.18. Results 67 6.19. Election Hearing Policies 68 6.20. Election Committee Appeals 69 7.) Article VII - Incidental Fee Committee 70 8.) Article VIII - Electronic Meeting Guidelines 71 9.) Article IX - ASWOU Budget Committee 72 10.) Article X - Oregon Public Meeting Law 73 11.) Article XI - Amendments to the Bylaws 74 75 Statute for ASWOU Chartered Organizations 76 77 Article I - Organizational Recognition Process 78 Article II - Constitutional Requirements 79 Article III - Responsibilities of Chartered Organizations 80 Article IV - Process to Become a Chartered Organization 81 Article V - Spending Procedures 82 Article VI - ASWOU Internal Travel Policies 83 Article VII - Accessibility and Inclusivity 84 Article VIII - Dissolution of Chartered Organizations 85 Article IX - Approval of Additions to the Statute of ASWOU Chartered Organization  1 2 3 The Constitution of the Associated Students of Western Oregon University 4 (Ratified 2015) 5 6 Edition: April 30th, 2024 7 8 Preamble 1 We, the students of Western Oregon University, in order to form an association to protect 2 and advance the interests of the students of the university, do establish this Constitution and 3 authorize the Student Government of the association thus formed, to represent the students of 4 Western Oregon University in the formation and application of institutional policies affecting both 5 academic and student affairs. The Associated Students of Western Oregon University will work to 6 protect student rights, enrich student life, and improve both Western Oregon University and 7 Western Oregon University’s image in the local community, the state, and the nation. 8 9 Article I 10 1. The Student Body of Western Oregon University shall be known as the Associated 11 Students of Western Oregon University (ASWOU). 12 a. All students who have enrolled in Western Oregon University, and have 13 subsequently paid incidental fees to Western Oregon University are constituent 14 members of ASWOU. 15 b. The governing body of ASWOU shall be known as the Associated Students of 16 Western Oregon University (ASWOU). 17 c. The ASWOU is composed of the Executive, Legislative, and Judicial Branches. 18 i. The ASWOU shall follow the rules and regulations in the Constitution and in the 19 created Bylaws of ASWOU. 20 2. The members of the ASWOU have several rights under this Constitution, and the 21 ASWOU shall protect and defend the rights explicated in this section, and may in its 22 discretion expand upon, but never shall detract from or abridge, those rights. 23 a. Each student shall have all rights granted by this Constitution, and/or laws of the 24 State of Oregon, and/or the United States, and/or Western Oregon University. 25 i. No student shall be deprived of liberty or property without due process of law. 26 ii. No student shall be denied the equal protection of the law. 27 iii. Every member of the ASWOU may speak, write, and publish freely, to the full 28 extent guaranteed to citizens by the Constitution of both the State of Oregon and 29 the United States. 30 iv. Each member of the ASWOU has the rights to be free from discrimination 31 inclusive of, but not limited to, the following areas: race, color, national 32 ancestry, creed, religion, sexual orientation, gender identity, gender expression, 33 sex, age, and individuals with mental and/or physical disabilities. 34 b. In any hearing required or permitted by this Constitution: 35 i. Each student has the right to appear and be heard 36 ii. Each student has the right to demand the nature and cause of any accusation, and 37 to have a copy thereof sufficiently far in advance of any hearing hereon to 38 reasonably enable the presentation of a defense or a response. 39 iii. Each student has the right to meet each witness face to face, and to compel the 40 attendance of witnesses on that student’s behalf. 41 iv. No student may be compelled to give evidence against them self, nor twice be 42 put in jeopardy by the same body for the same alleged offence. 43 3. There is created three branches within ASWOU: The Legislative (Senate), Executive, 44 and Judicial. No branch shall exercise powers expressly granted to another by the 45 ASWOU Constitution and/or Bylaws. 46 a. Powers will only be given through this Constitution. 47 48 Article II 49 1. There is created a Student Senate. 50 2. All legislative powers herein shall be vested in the ASWOU Student Senate. 51 a. The ASWOU Senate serves as a deliberative forum for policy information. 52 b. The ASWOU Senate will serve as a policymaking authority within the ASWOU. 53 c. Any and all Presidential appointments within the ASWOU Government are subject 54 to a simple majority approval of the ASWOU Senate. All appointees that require 55 Senate approval shall not be compensated until they take an Oath of Office after 56 receiving Senate confirmation of their approval. 57 i. Any appointee, who leaves their appointed position, either voluntarily or 58 involuntarily, must be reconfirmed by the Senate prior to accepting any position 59 that would normally require Senate confirmation under the Constitution. 60 3. ASWOU Senate meetings shall be presided over by the Senate President. 61 a. The Senate President will be elected at large by the student body during the 62 ASWOU Elections. 63 b. The Senate President has the power to establish committees, provided the Senate 64 may, by two-thirds vote, disapprove of such committee(s). 65 c. The Senate President shall assume office upon formal administration of an oath of 66 office by the Judicial Administrator. 67 4. Additionally, the Senate President has the following powers: 68 a. The establishment of meeting times and places, subject to simple majority approval 69 by the Senate. 70 b. To call extraordinary meetings of the Senate, if necessary. 71 c. To vote in the event of a tie amongst the Senate Body. 72 d. To plan and implement the legislative agenda of the Senate. 73 e. To call Senate Sessions to order. 74 f. To preside over the Senate, choosing which Members to recognize during floor 75 debate and ruling on points of order and maintaining decorum. 76 g. To declare the outcome of votes and announce the results of recorded votes within 77 Senate meetings.  78 h. To refer legislation to a committee(s), and set deadlines for committee action. 79 i. To serve as the University spokesperson of the ASWOU Senate. 80 j. To exercise administrative control over the operations and internal resources of the 81 Senate. 82 k. Signing bills that are to be presented to the ASWOU President for signing. 83 5. In order for Senate to serve as both a deliberative forum for policy information, and as a 84 policymaking authority within ASWOU, the Senate is granted the following powers: 85 a. To secure the protection of student rights, interests, and free expressions. 86 b. To promote the preservation of academic freedom and responsibility. 87 c. To charter independent enterprises as deemed appropriate under University policy. 88 d. To enter into agreements which promote the fulfillment of the provisions of this 89 Constitution. 90 e. To establish all councils, commissions, boards, and agencies of ASWOU. 91 f. To call upon the ASWOU President to appear before the Senate as long as the 92 Senate gives a twenty-four hour notice to the ASWOU President. 93 g. To review, advise, and consent to the establishment of newly created Executive 94 departments and elements thereof including position descriptions 95 h. To investigate and act in any matter which affects and promotes the general welfare 96 of the student body of Western Oregon University or elements thereof. 97 i. To act upon any other area which the University may delegate. 98 j. To make any enactment that shall be necessary and proper for executing the 99 aforementioned powers, as well as all other powers vested by this Constitution in the 100 ASWOU. 101 k. Senate constitutional amendments must also be approved by the student body. 102 103 Article III 104 1. The executive power of the ASWOU shall be vested in a president of the ASWOU. 105 a. The President is elected at large by the student body during the ASWOU Elections. 106 b. The President shall assume office upon formal administration of an oath of office by 107 the Judicial Administrator. 108 2. The ASWOU Executive branch shall have the powers necessary and proper to fulfill 109 their duties and the mandates of the ASWOU Senate. The President of ASWOU will act 110 as chief executive officer of the ASWOU, spokesperson for the student body, and fulfill 111 the requirements of that office as required by the University. 112 a. The President shall have the full power to: 113 i. Support and uphold this Constitution. 114 ii. Execute the legislation of the Senate. 115 iii. Uphold the decisions of the Judicial Board. 116 iv. Appoint student representatives to boards, councils, and committees of the 117 University, both standing and special, established by any element of the 118 University administration to perform functions of governance over the affairs of 119 Western Oregon University. 120 v. Appoint all committees, councils, commissions, boards, agencies, and other 121 offices of the ASWOU with the advice and consent of the ASWOU Senate. 122 vi. Make any and all other appointments with the advice and consent of the Senate. 123 vii. Create other executive departments, and may dissolve any department previously 124 created, excluding those specifically mandated by this Constitution. 125 viii. Call the ASWOU Senate into emergency session when necessary, provided 126 that a twenty-four hour notice be given. 127 ix. The President may also investigate specified matters as current situations 128 demand, and act in other such areas not provided herein that the Senate may 129 establish. 130 3. Executive department directors, the President, and the Vice President comprise the 131 ASWOU Executive Cabinet. The Executive Cabinet shall act to advise and assist the 132 President in all matters that may be necessary and appropriate in the fulfillment of the 133 President’s duties and of the Constitution, and shall act in any such matter that the 134 President may so delegate. 135 4. The ASWOU Vice President shall perform any Executive duties assigned by the 136 ASWOU President. In the case of incapacitation of the ASWOU President, full 137 Executive power and authority shall be vested in the ASWOU Vice President as 138 permitted by the Constitution. 139 a. The Vice President shall be elected at large by the student body during the ASWOU 140 Elections. 141 b. The Vice President ballot shall be separate from the President ballot during the 142 elections. 143 c. The Vice President shall assume office upon a formal administration of an oath of 144 office by the Judicial Administrator. 145 5. Notwithstanding anything to the contrary in this Constitution or any Senate law, the 146 President shall be an ex-officio member of any such Executive department created or 147 existing under the Constitution. 148 6. The ASWOU President, or Vice President in case of Presidential incapacitation, has the 149 power to issue Executive Orders. 150 7. An Executive Order may: 151 a. Act to clarify a policy or law. 152 b. Act to further a policy or law put forth by the ASWOU Senate. 153 c. Act to direct Executive committees. 154 d. Act to direct Executive Cabinet members. 155 8. An Executive Order may not: 156 a. Attempt to make or create a policy or law. Be used to petition for a new policy or 157 law. 158 b. Conflict with any Senate legislation or action. 159 c. Violate any section of the ASWOU Constitution or ASWOU Bylaws. 160 d. Be used for any other purpose not specifically outlined within this section. 161 162 Article IV 163 1. There is created a Judicial Board. 164 2. The interpretive powers of all policies, laws, and executive orders created by the 165 ASWOU shall be vested in the Judicial Board. 166 a. The Judicial Board members shall be referred to as Justices. 167 b. All Justices will serve for only one academic year unless they are reappointed and/or 168 re-elected. 169 c. Each Justice shall assume office upon formal administration of an oath of office by 170 the Judicial Administrator. 171 d. The Justices shall be ineligible to serve in any other elective or non-elective office of 172 the ASWOU as long as they serve on the Judicial Board. 173 3. The judicial authority of the ASWOU will include the power of judicial review and 174 fulfilling the requirements of the University judicial process. 175 a. The interpretive power of the Judicial Board shall extend to all cases upon the 176 appeal under the Constitution and the Bylaws of the ASWOU, which require 177 interpretation as it applies to the Student Association and all elements thereof. 178 4. ASWOU Judicial meetings shall be presided over by the Judicial Administrator. 179 a. The Chair of the Judicial Board shall be referred to as the Judicial Administrator. 180 b. The Judicial Administrator shall be elected at large by the student body during the 181 ASWOU Elections. 182 5. The Judicial Administrator shall assume office upon formal administration of an oath of 183 office by the highest-ranking Judicial Board member. 184 6. The Judicial Administrator’s role is to be an impartial facilitator of all meetings and 185 hearings. 186 a. The Judicial Administrator is responsible for adhering to enacted election policies. 187 7. The Judicial Administrator has the following powers: 188 a. The establishment of Judicial Board meeting times and places, subject to simple 189 approval by the Judicial Board. 190 b. To call extraordinary meetings of the Judicial Board, if necessary. 191 c. To vote in the event of a tie amongst Justices. 192 d. The power to make spelling and other grammatical changes to the ASWOU 193 Constitution and Bylaws. 194 i. Any question or concern with changes to the ASWOU Bylaws or Constitution 195 can be referred to the Judicial Board. 196 ii. If three-fifths of the Judicial Board vote against the change, then it will revert to 197 the way that it was before the change was implemented, and the change will not 198 go into effect. 199 iii. Any changes to be made to the ASWOU Governing Documents shall be 200 announced to all ASWOU Branches before the change is made. 201 e. To plan and implement the judicial agenda of the Judicial Board. 202 f. To call judicial sessions to order. 203 g. Choosing which members to recognize during floor debate, and ruling on points of 204 order and maintaining decorum within Judicial Board meetings. 205 h. To declare the outcome of votes, and announce the results of recorded votes within 206 Judicial Board meetings. 207 i. To serve as the University spokesperson of the ASWOU Judicial Board. 208 j. To exercise administrative control over the operations and internal resources of the 209 Judicial Board. 210 211 Article V 212 1. An election shall require at least ten percent of the ASWOU membership casting valid 213 votes. Elections shall include, but are not limited to, general elections, special elections, 214 recalls, and referendums. 215 a. There shall be one general election (covering all elective positions created by this 216 Constitution or any Senate Law) each school year. 217 b. Every ASWOU member that is registered for 6 credits or more is eligible to be 218 elected to or appointed to office, except as otherwise restricted in this Constitution. 219 c. During Inauguration, the highest-ranking member of the Judicial Board must swear 220 in the newly elected officers to transfer the powers and duties from the outgoing 221 administration. The Judicial Board shall be in charge of planning an Inauguration for 222 the purpose of swearing in newly elected ASWOU officers, and should include a 223 formal oath of office. 224 d. The Inauguration should take place Spring Term on the Monday of Week Ten. 225 e. The current ASWOU elected and appointed officers whose term is ending will leave 226 office immediately following Inauguration, and the newly elected officer will 227 assume full powers of the office. 228 f. All paid ASWOU members, excluding the President will be paid from September 229 15th of the year they are elected to the following June 15th, and the President will be 230 paid from June 15th of the year they are elected to the following June 15th. 231 g. The President and Vice President have the power to hire an executive cabinet before 232 Inauguration. 233 h. The current Judicial Administrator will be in charge of calling all write-in candidates 234 for all positions. 235 236 Article VI 237 1. The ASWOU President, ASWOU Vice President, members of the ASWOU Senate, 238 including the Senate President, and members of the Judicial Board, including the 239 Judicial Administrator, may be removed from office for failure to execute their duties of 240 office, or gross violation of the ASWOU Oath of Office, and/or ASWOU policies, 241 and/or University policies, and/or regulations. 242 a. Any member(s) of the ASWOU may circulate a petition requesting a recall election. 243 Such petition must state the name of the officer to be recalled, the office held, and 244 the reason for recall. 245 i. In order to initiate a recall election, such petition must have valid signatures 246 from ten percent of the ASWOU membership. 247 1. The Judicial Board must validate said petition within five working days upon 248 receipt as described in the following: 249 a. The Judicial Board must hold an election within two weeks after 250 receiving a valid petition. 251 b. The officer shall be removed from office if a majority of the valid votes 252 cast are affirmative for recall. 253 c. A recall election must adhere to current ASWOU Election Policies. 254 b. Any members of the ASWOU may circulate a petition requesting a referendum or 255 initiative. Such petition must state the referendum or initiative, and the reasons for 256 requesting such. A referendum enables the ASWOU members to vote down or 257 change a law or policy created by the legislature. An initiative enables ASWOU 258 members to create a new law. 259 i. In order to initiate a vote, such petition must have valid signatures from ten 260 percent of the ASWOU membership. 261 1. The Judicial Board must validate the said petition within five working days 262 upon its receipt. 263 ii. The Judicial Board must hold an election within two weeks after receiving a 264 valid petition. 265 iii. The referendum or initiative shall become law if a majority of the votes are cast 266 as affirmative. 267 c. This process will adhere to the ASWOU Election Policies outlined in Article 6 of 268 the ASWOU Bylaws. 269 2. The Senate will have the sole power of Impeachment, and the Judicial Board shall have 270 the sole power to try and uphold all Impeachments with a three-fifths vote. Judgment in 271 cases of Impeachment shall not extend further than removal of office and 272 disqualification to hold and enjoy any office of honor. The impeached party shall 273 nevertheless be subject to subsequent hearings or sanctions according to University 274 Policy. 275 a. Any member of the Senate may present formal charges against an ASWOU officer 276 through legislation. 277 i. Upon formal presentation of the charges, they shall be referred to a specially 278 convened Senate Impeachment Committee for investigation. 279 ii. The Impeachment Committee shall make a complete written report and a 280 recommendation to Senate within two weeks. 281 iii. If the Senate proceeds with Impeachment, the Senate President will present at a 282 special meeting within reasonable time for the Senate to vote on. In the instance 283 the Senate President is the one being impeached or is unable to attend, the 284 Judicial Administrator will present at a special meeting within reasonable time 285 for the Senate to vote on 286 iv. Conviction and removal from office shall be three-fourths vote of Senate 287 members present. 288 v. If the vote of Impeachment passes in the Senate, then it will be sent to the 289 Judicial Board. If the Judicial Board upholds the decision of Impeachment with a 290 three-fifths vote, then the impeached party will be immediately removed from 291 office and their successor will assume their responsibilities. 292 b. A call for Impeachment may also be initiated in the Senate by a Vote of No 293 Confidence. If the Vote of No Confidence passes with a simple majority of the 294 members present, then the Impeachment Committee shall be convened. 295 i. The Impeachment Committee shall make a complete report and 296 recommendation to Senate within two weeks. 297 ii. If the Senate proceeds with Impeachment, the Senate President will present at a 298 special meeting within reasonable time for the Senate to vote on. In the instance 299 the Senate President is the one being impeached or is unable to attend, the 300 Judicial Administrator will present at a special meeting within reasonable time 301 for the Senate to vote on 302 iii. Conviction and removal from office shall be three-fourths vote of Senate 303 members present. 304 1. If the vote of Impeachment passes in the Senate, then it will be sent to the 305 Judicial Board. If the Judicial Board upholds the decision of Impeachment 306 with a three-fifths vote, then the impeached party will be immediately 307 removed from office and their successor will assume their responsibilities. 308 309 Article VII 310 1. There is hereby created an Incidental Fee Committee (IFC). The IFC shall meet 311 as necessary to allocate student fees to campus organizations. 312 2. The IFC shall be governed by the ASWOU Constitution and Bylaws. The IFC 313 may also create for itself bylaws, but no part of the IFC Bylaws may conflict 314 with any part of the ASWOU Constitution or Bylaws. 315 3. The rules of procedure contained in the most recent edition of Robert’s rules of 316 Order shall govern the Incidental Fee Committee and all of its committees in all 317 cases in which they are applicable and consistent with the laws of the State of 318 Oregon, ASWOU Governing Documents, and IFC Bylaws. The ASWOU 319 Senate President or their representative shall serve as the parliamentarian for the 320 IFC. If the Senate President is absent and has not appointed a representative, the 321 IFC Chair may appoint a temporary parliamentarian. 322 323 Article VIII 324 1. This Constitution shall be adopted upon the affirmative two-thirds vote of the ASWOU 325 in the general election and shall enter into full force and effect after the 2014 ASWOU 326 Elections, superseding any and all governing documents and instruments existing prior 327 to that date. 328 2. This Constitution may be amended by a two-thirds vote of the Senate, with concurrence 329 by two-thirds of the valid votes cast in a valid ASWOU Election. 330 3. The Constitution may be directly amended by the Senate, providing that there is no 331 objection to adoption of the amendment by a present member of the Senate. Should 332 there be such an objection, the adoption shall follow standard procedures. The resolution 333 for amendment may also specify that an election must be held for its adoption, 334 regardless of if it passes the Senate without objection. Should the Senate directly amend 335 the Constitution, any member(s) of the ASWOU student body may circulate a petition 336 requesting a referendum, further discuss in Article VI of the ASWOU Constitution, 337 reversing the amendment. Any Senate Resolution amending the constitution by 338 unanimous consent of the Senate must be signed by the ASWOU president. Any 339 member(s) of the ASWOU student body may also object to passage of the resolution for 340 amendment when the resolution is presented to the Senate or by the next meeting of the 341 Senate immediately after the resolution’s passage; should this occur, the amendment 342 must be approved by the ASWOU student body in an election. An objection is valid if 343 the student contacts any member of the Senate in writing to express the objection or 344 appears before the Senate at a meeting of the Senate to object. The Senate may not 345 directly amend the Constitution to wholly remove or significantly impede the right of an 346 ASWOU member to request a referendum. The Senate shall conduct sufficient outreach 347 to students when considering a direct amendment to the Constitution by tabling and 348 using ASWOU media. The legislation adoption timeline for Senate Resolutions which 349 amend the Constitution may not be suspended.  1 2 3 The Bylaws of the Associated Students of Western Oregon University 4 5 Edition: April 30th, 2024 6 7 PREAMBLE 1 WHEREIN, The Articles of the Constitution for the Associated Students of Western Oregon University 2 require clarification and direction, and WHEREAS, The Articles of the Constitution for the Associated 3 Students of Western Oregon University require regulation and delineation: BE IT KNOWN 4 THEREFORE, that we, the members of the Associated Students of Western Oregon University, do 5 hereby sustain the following Bylaws. 6 7 Article I – Recognition 8 1. There is created three branches within the Associated Students of Western Oregon 9 University (ASWOU): the Executive, Legislative, and Judicial. No branch shall exercise 10 powers expressly granted to another by the ASWOU Constitution. 11 a. No student may attain multiple positions within the ASWOU Government whether 12 the positions are paid, volunteer, elected, appointed, or internships, excluding active 13 members of ASWOU Student Organizations, and the ASWOU Elections 14 Committee. 15 b. If an ASWOU Government member is appointed or elected to another position 16 within the ASWOU Government, then that member must resign from their current 17 position prior to accepting the new position. 18 2. The rules of procedure contained in the most recent edition of Robert’s Rules of Order 19 shall govern the ASWOU Government and all of its boards and committees in all cases 20 in which they are applicable and consistent with the laws of the State of Oregon, these 21 Bylaws, and other duly established rules and policies of the ASWOU Government. The 22 ASWOU Senate President shall be the parliamentarian in all meetings at which they are 23 present and are not otherwise voting. If the Senate President is absent, the committee 24 chair may appoint a temporary parliamentarian. The Senate President may also delegate 25 this authority as they see fit, provided that they are not absent. If the Judicial 26 Administrator is serving as parliamentarian, they may not give a binding ruling; if 27 serving as parliamentarian, the Judicial Administrator must also state to the meeting 28 prior to offering any guidance that they may not give a binding ruling. 29 30 Article II – MEMBERSHIP 31 1. ELIGIBILITY OF ASWOU GOVERNMENT MEMBER: 32 a. All ASWOU Government members shall be in good judicial standing with WOU. 33 They must also maintain at least a 2.25 GPA, both cumulatively and per term that 34 they are part of the ASWOU Government. Should they fail to maintain this 35 academic standing, then they shall be in a one-term probation period. If they are not 36 in good academic standing after the probationary period, they are to be automatically 37 removed from office. 38 39 Article III – Executive 40 1. EXECUTIVE DEPARTMENTS AND CABINET POSITIONS: 41 a. Creation of new Executive Cabinet positions requires the President to petition the 42 ASWOU Senate for review, advice, and consent. The President’s request that the 43 Senate approve the creation of a new Executive Cabinet position must include, at 44 minimum, a proposed job description and the related submission to the IFC (if 45 required). Should the Senate approve of the creation, the President shall have 46 appointment power as granted in these Bylaws. Should the Senate deny the creation, 47 the Senate President shall have three business days to provide a written explanation 48 of the Senate’s decision to the President. The President may then repetition the 49 Senate for approval of the cabinet position as many times as the Senate President 50 deems reasonable, provided that the President has changed their petition each time to 51 address the Senate’s objections. The Senate may overrule the Senate President’s 52 decision to deny the repetition by a two-thirds majority vote. The Senate may 53 dissolve or alter these positions, including their title and job description, by duly 54 passed legislation, or at the request of the President by a two-thirds vote. 55 i. Upon Senate approval, Executive Cabinet positions are to be listed here, with 56 new positions being listed at the end. Should any position(s) be dissolved or their 57 titles altered, the list is to be adjusted accordingly by the Judicial Administrator. 58 Current cabinet positions are: Chief of Staff, Director of Business and Finance, 59 Director of Equity & Advocacy, Director of Public Relations, Director of 60 Student Organizations, Recording Secretary. 61 2. PRESIDENTIAL APPOINTMENTS: 62 a. The President may appoint their cabinet members, liaisons to other organizations, 63 and any other positions mandated by the ASWOU governing documents or Western 64 Oregon University. Any and all appointments within the ASWOU Government are 65 subject to a two-thirds majority approval of the Senate. The President must make a 66 good faith effort to nominate a candidate for each cabinet position in which there is a 67 vacancy. All appointments are only valid for the duration of the academic year, or 68 the remainder of the academic year if the appointment is made mid-year, prior to the 69 regularly scheduled inauguration. The Senate may remove an appointee from office 70 by a two-thirds majority vote; if this occurs, the Senate President must inform the 71 President, within 24 hours, of the Senate’s action and rationale. At their discretion, 72 the President may also remove their appointees from office, save for Judicial 73 appointments. While the President maintains the right to remove their appointees for 74 any reason they see fit, including but not limited to neglect of duties or 75 determination that they are no longer worthy of service, the terminated appointee 76 may appeal their termination to the Senate. As presidential appointees serve at the  77 pleasure of the president, the grounds for appeal must be reviewed under the strictest 78 of scrutiny, but the Senate may, by a three-fourths vote and after careful 79 consideration, determine that the President acted in a manner constituting gross 80 misconduct when they fired the appointee. By determining this, the Senate will then 81 vote at its next meeting of the question of removing the President from office. 82 Should this pass, it will then go to the Judicial Board for consideration as outlined in 83 the governing documents. Any discussion surrounding issues of an identified 84 employee’s actions must be held in executive session in which no party beyond the 85 members of the Senate, the President and Vice President, the employee in question, 86 ASWOU advisors, and other parties mandated by law or ASWOU or WOU policy 87 are permitted to remain. Any discussion during this time is to remain strictly 88 confidential between the parties involved. 89 b. Upon the President nominating their appointee to the Senate, the Senate may by a 90 majority vote approve the nominee for work on a temporary basis of no less than a 91 week, renewable indefinitely. After the first temporary approval period has 92 completed, the Senate may consider the nominee for permanent approval. No 93 appointee may assume office and the associated duties prior to approval and taking 94 the oath of office administered by a member of the Judicial Board. Should the 95 Senate reject the nominee, the Senate President is to submit to the President the 96 Senate’s rationale within three business days. The President may request the 97 Senate’s reconsideration of the nominee at the next regularly scheduled meeting of 98 the Senate. Should the nominee again be rejected, the President must nominate 99 another candidate. 100 c. Should the President nominate a cabinet appointee between their inauguration 101 following the general election and the Senate’s first meeting of fall term and wish 102 for them to begin working prior to the Senate’s first meeting of fall term, the Senate 103 President shall have the ability to confirm the nominee for a term of work not to 104 extend past the Senate’s first regularly scheduled meeting of fall term. Should an 105 appointee resign during a period when the Senate will not have a regularly scheduled 106 meeting for more than three weeks, the Senate President shall also have the ability to 107 confirm the nominee for a term of work not to extend past the Senate’s next 108 regularly scheduled meeting. 109 3. EXECUTIVE ORDERS: 110 a. Within twenty-four hours of their issuance, all Executive Orders must be transmitted 111 to both the Senate and the Judicial Board; Executive Orders not transmitted within 112 this timeframe are null and void. All Executive Orders are to be reviewed by the 113 Senate at its meeting following the issuance of the Executive Order(s). By a two- 114 thirds vote, the Senate may overturn any Executive Order(s); should the Senate take 115 this action, the Senate President is to notify the President of the Senate’s action and 116 the rationale for its decision within twenty-four hours. All Executive Orders are also 117 to be reviewed by the Judicial Board at its meeting following the issuance of the 118 Executive Order(s) to ensure strict compliance with the explicit permissions and 119 prohibitions on Executive Orders as stated in Article III, Section 6 of the 120 Constitution. By a majority vote, the Judicial Board may also overturn an Executive 121 Order on the grounds it violates the Constitution; should the Judicial Board take this 122 action, the Judicial Administrator is to notify the President of the Judicial Board’s 123 action and the rationale for its decision within twenty-four hours. 124 4. INCAPACITATION: 125 a. If a dispute arises about an incapacitation of the President, then the following action 126 shall take place: 127 i. The Senate and Judicial Board shall convene as separate bodies and vote to 128 determine if the President is incapacitated. 129 ii. If a two-thirds majority of the Senate, and then a simple majority of the Judicial 130 Board vote in agreement that the President is incapacitated and unable to carry 131 out the President’s duties, then the successor will immediately assume the 132 powers and duties of the President. 133 iii. If the President is incapacitated, then the line of succession shall be followed. 134 b. If a dispute arises about incapacitation of the Vice President, then the procedures 135 stated for the incapacitation of the President shall be followed and applied to the 136 Vice President. 137 5. THE ASWOU BUDGET: 138 a. The ASWOU Budget and accompanying enhancement requests must be presented to 139 and approved by the Senate prior to their submission to the IFC. This presentation 140 should occur enough in advance of the IFC timeline so that the Senate may 141 thoroughly deliberate and make adjustments. The ASWOU Budget may not be 142 submitted to the IFC without Senate approval. 143 i. Should the Senate not approve the ASWOU Budget, they must provide the 144 President with their rationale in writing within three business days. The 145 President may repetition the Senate for approval of the ASWOU Budget if they 146 believe they have sufficiently adjusted the ASWOU Budget to comply with the 147 Senate’s rationale. 148 ii. To repetition to the Senate, the President is to send a revised budget highlighting 149 the changes they made to the Senate at least one day prior to the meeting in 150 which they will repetition the Senate for approval. 151 b. At times when the Senate has more than 10 Senators, the Senate President shall form 152 a Committee on Rules consisting of three members tasked with reviewing and 153 making recommendations, as needed to legislation after the Budget’s first reading in 154 the Senate. 155 c. Should ASWOU receive less funding than requested from the IFC, excluding 156 enhancement requests, then the Director of Business and Finance shall prepare a 157 recommended budget for the Senate’s consideration and approval no less than five 158 weeks prior to the Senate’s scheduled adjournment sine die for the summer. 159 d. Should the President wish to adjust the ASWOU Budget during the academic year 160 for which it has already been approved, they may do so by no greater than $500 and 161 potentially subject to the review and consent of the Senate. Should the desired 162 adjustment exceed $500, the President must request and receive the consent of the 163 Senate. Should the Senate reject the President’s request, they must provide the 164 President with their rationale in writing within three business days. The President 165 may repetition the Senate for the adjustment if they believe they have sufficiently 166 adjusted their request to comply with the Senate’s rationale. 167 i. Should the Senate reject the President’s request, they must provide the President 168 with their rationale in writing within three business days. The President may 169 repetition the Senate for the adjustment if they believe they have sufficiently 170 adjusted their request to comply with the Senate’s rationale 171 e. The Executive Branch shall present the current year’s approved budget to the Senate 172 within the first five weeks of the Senate meeting in fall term. The purpose of the 173 presentation, while requiring no approval, is to represent to the Senate that student 174 fees are being and will be used responsibly and beneficently. 175 6. LINE OF SUCCESSION: 176 a. In the event that the incumbent president vacates office or is unable to serve, the line 177 of succession is as follows: Vice President, Senate President, Judicial Administrator, 178 Chief of Staff, Director of Student Organizations, Director of Business and Finance, 179 Director of State and Federal Affairs, Director of Public Relations, Director of 180 Equity, Director of Multicultural Advocacy, Director of Visual Communication. 181 b. If the Vice President accepts the position of President, a special election shall be 182 initiated posthaste to fill the Vice Presidency. The person most immediately in the 183 line of succession may decline to serve. Prior to a person in the line of succession 184 taking office on a permanent basis, the Senate may vote by a two-thirds majority to 185 declare the person incapable of serving as president and prevent them from serving. 186 The Senate may only do this in extreme cases where the Acting President has shown 187 themselves to be morally deficient, acted maliciously in the ouster of the previous 188 incumbent president, acted nefariously in the ouster of the previous incumbent 189 president, or if the person has proven themselves to be incompetent to succeed to the 190 presidency. Should the Senate take such an action, the line of succession will 191 proceed until the presidency is filled or a special election, to occur posthaste, is 192 forced by virtue of there being no person in the line of succession willing and 193 capable of serving as president on a permanent basis. While such an election is 194 underway, the highest-ranking ASWOU official shall be the Acting President whose 195 decisions may be overturned by the Senate or Judicial Board. 196 c. If the Senate approves changing the title of a cabinet position, the title change shall 197 automatically be reflected in this Section. If the Senate approves the creation of 198 additional cabinet positions, they shall automatically be listed at the end of the line 199 of succession in order of approval, provided that the Senate may, at the time of the 200 position’s creation, move the position to a different place in the line of succession. 201 Should a position be abolished, it shall be automatically removed from the line of 202 succession. 203 204 Article IV - Legislative 205 1. MEETINGS: 206 a. The Senate shall meet at least three times monthly, with the exception of the months 207 of December, June, July, August, and September, or when the regularly scheduled 208 meeting of the Senate is on a day when the university is closed. The Senate shall not 209 meet during finals week, except for special meetings, and is not required to fulfill its 210 meeting quota during the months which include finals week. 211 b. Except for special meetings, time shall be made available on Senate meeting 212 agendas for reports from an ASWOU Advisor, the ASWOU President, the ASWOU 213 Judicial Administrator, and a Residence Hall Association Representative. The 214 Senate President may assign reasonable specific time allocations to these reports. 215 c. The Senate President may call electronic meetings of the Senate; these meetings 216 may be held at a time and in a manner as determined by the Senate President. The 217 meeting must allow for a video call-in option. Electronic meetings may only be held 218 in a committee of the whole called by the Senate President, in which the Senate 219 President shall continue to preside. A quorum of an electronic meeting shall be a 220 majority of those members of the Senate who have notified the Senate President that 221 they will be participating in the electronic meeting. 222 2. MEMBERSHIP OF THE SENATE: 223 a. The Senate shall be limited to no more than fifteen Senators, in addition to the 224 Senate President. A representative from the Residence Hall Association shall be 225 allowed a speaking seat on the Senate, but is not otherwise a Senator; however, they 226 are encouraged to apply to be a Senator. There are eleven elected Senator Positions. 227 Elections for these Senators are to be held during the general election. If there are 228 vacancies on the Senate, interested students shall apply to fill the vacancy with the 229 Senate President and are subject to approval of the Senate. In the case of there being 230 only one elected senator from the general election, then in place the Line of 231 Succession shall follow: President, Vice President, then Judicial Administrator and 232 they shall have a singular vote; thus making the process more equitable in case of 233 only one Senator. The ASWOU Director of Equity and the ASWOU Director of 234 Multicultural Advocacy shall each have the right to nominate as senators two 235 individuals from the clubs they represent for approval by the Senate without having 236 to complete the application process. Should the nominee be approved, they are to be 237 sworn in by a representative from the Judicial Board and assume all responsibilities 238 and powers of a Senator, but may not act as a Senator until the conclusion of the 239 meeting in which they were approved. 240 b. A Senator may resign their position by submitting a letter of resignation to the 241 Senate President, who will announce the resignation at the next meeting of the 242 Senate. The Senate President may resign by submitting their letter to the Senate 243 President Pro Tempore or their ASWOU Advisor. The person who receives the letter 244 or their designee shall inform the Senate of the Senate President’s resignation at the 245 next meeting of the Senate. 246 3. SENATE LEADERSHIP: 247 a. Senate President. 248 i. The Senate President shall serve as the Chair and presiding officer of the Senate. 249 The Senate President is a Senator and may assume those rights when not 250 presiding. While the Senate President maintains the freedom to speak in 251 meetings and debate on all matters before the Senate, they are to remain 252 impartial when recognizing members during floor debate. The Senate President 253 maintains appointing power to committees not otherwise delegated by the 254 ASWOU governing documents. As the appointing authority, the Senate 255 President may also remove members or appoint additional members at any time. 256 The Senate President is to determine a reasonable expected weekly time 257 commitment for Senators and potential Senators. All official communications to 258 the Senate must be transmitted to the Senate President. When the Senate is not in 259 session and if the Senate President deems a matter to be urgent and a special 260 meeting would be unreasonable, the Senate President may act on behalf of the 261 Senate, provided that they inform Senators of their actions as soon as possible. 262 The Senate President shall act with restraint in these situations and shall have all 263 actions reviewed by the Senate at its next meeting for approval or reversal. The 264 Senate President may not unilaterally pass legislation using this ability. 265 b. Senate President Pro Tempore. 266 i. The Senate shall appoint one of its Senators to be the Senate President Pro 267 Tempore by the end of November of fall term. The Senate President Pro 268 Tempore shall serve the Senate as its Vice-Chair. 269 ii. Should the Senate President vacate office, the Senate President Pro Tempore 270 shall succeed to office, unless the Senate votes by a two-thirds majority to 271 declare them incapable of serving as Senate President and prevent them from 272 serving, and therefore also removing them from their position of Senate 273 President Pro Tempore; this shall also have the effect of commencing 274 impeachment proceedings against them as a Senator. The Senate may only do 275 this in extreme cases where the Senate President Pro Tempore has shown 276 themselves to be morally deficient, acted maliciously in the ouster of the 277 previous incumbent Senate President, acted nefariously in the ouster of the 278 previous incumbent Senate President, or if the person has proven themselves to 279 be incompetent to succeed to the Senate Presidency. If this occurs, the longest- 280 serving current member of the Senate who is not the Senate President Pro 281 Tempore shall act as Senate President until a special election to fill the position 282 has occurred, which shall happen posthaste. The Senate President Pro Tempore 283 may also decline to serve, forcing a special election to occur posthaste. If there is 284 no Senate President Pro Tempore, the longest-serving Senator shall act as Senate 285 President until a Senate President has been elected or the Senate appoints a 286 Senate President Pro Tempore within 10 days of being informed of the Senate 287 President’s vacating office. 288 4. SENATOR RESPONSIBILITIES: 289 a. Senators shall attend all Senate meetings in accordance with the Senate’s attendance 290 policies. They are also expected to meet individually with the Senate President once 291 per term, as scheduled by the Senate President. Each Senator shall uniquely sponsor 292 a number of legislation deemed appropriate by the Senate President. 293 b. Each Senator shall attend at least one IFC meeting. Within their first four regularly 294 scheduled meetings, each Senator is expected to have attended a training conducted 295 by the Senate President; this training is to include an overview of parliamentary 296 procedure and expectations and responsibilities of Senators. 297 c. Senators are expected to conduct themselves in a manner becoming of their position. 298 Failure to adhere to their responsibilities or conducting themselves in an injurious 299 manner either within or outside of Senate meetings are impeachable offenses. 300 5. SENATE COMMITTEES: 301 a. The Senate President may form and disband committees as they see fit; however, if 302 the Senate President creates a Standing Committee of the Senate, it must exist until 303 the completion of the academic year or is disbanded by a two-thirds vote of the 304 Senate. The Senate may also compel the creation of a committee by majority vote; 305 committees created in this manner may only be disbanded by the Senate. Unless 306 otherwise duly called, committee meetings are to be open to the public. Committees, 307 like the Senate, may not meet with less than 24 hours’ notice to their members. At 308 times when the Senate has more than 10 Senators, the Senate President shall form a 309 Committee on Rules consisting of three members tasked with reviewing and making 310 recommendations, as needed, to legislation after its first reading in the Senate. 311 6. SENATE LEGISLATION 312 a. Senate Bills are used to amend the ASWOU Bylaws. Senate Resolutions are non- 313 binding and used to state policy positions of the ASWOU Senate and/or Government 314 and make ideological statements. Senate Resolutions may also be used to petition 315 the internal direction, processes, and action of the Senate which would not otherwise 316 be suited or stated in the Bylaws, including those which relate to actions of members 317 of the Senate, including the Senate President; these resolutions do not require the 318 signature of the President. Constitutional amendments are also Senate Resolutions; 319 the Senate may, by a two-thirds vote, reconsider a Constitutional amendment for 320 amendment or other action after it has passed the Senate prior to its placement on the 321 ballot for approval by the student body. Senate Joint Resolutions are used to amend 322 the Statutes for ASWOU Chartered Organizations, further detailed in the Statutes. 323 Any member of the Senate may sign on to any legislation prior to the meeting of the 324 legislation’s final reading of the Senate. The Senate President is to provide the 325 Senate with a template for legislation by its first regularly scheduled meeting in fall 326 term. 327 7. LEGISLATION ADOPTION TIMELINE 328 a. Senate Bills shall be subject to three readings of the Senate at three separate Senate 329 meetings. Bills do not need to be read aloud in their entirety, but this may be 330 compelled by a majority vote of the Senate. While amendments and debate may be 331 in order at each of the three readings, the first reading should be used for initial 332 presentation by the sponsor(s) and any questions for the sponsor(s); the second 333 reading should be used for considering any amendments to the bill; and the third 334 reading should be used for final discussion and debate of the bill. 335 b. Senate Resolutions shall be subject to two readings of the Senate. Resolutions do not 336 need to be read aloud in their entirety, but this may be compelled by a majority vote 337 of the Senate. Both the first and second reading of Resolutions are used for questions 338 of the sponsor(s), amendment, and debate. 339 c. Once legislation has completed its reading quota, it shall go to a vote upon the 340 completion of debate in its final reading and require a majority vote to pass. By a 341 two-thirds vote, the Senate may suspend this adoption timeline. 342 8. LEGISLATIVE SIGNING AUTHORITY: 343 a. The Senate President shall sign all legislation passed by the Senate within four 344 business days. Should the Senate President object to signing legislation, they may 345 sign an “X” and note their objection on the legislation; this still denotes its passage 346 by the Senate and has no effect on its passage. Once the Senate President has signed 347 the legislation, they are to present the signed copy of the legislation to the President. 348 The President will then have four business days to sign the legislation or veto it. 349 Unless otherwise noted, the President must also sign all legislation for it to become 350 effective. If the President is away for a period of time and will be unable to sign or 351 veto legislation, the Vice President may act in this capacity. If the President does not 352 sign or veto the legislation within these four days, the legislation shall enter into 353 effect without the President’s signature and the Senate President shall note this on 354 the legislation. If the President vetoes legislation, they shall have twenty-four hours 355 to inform the Senate of their veto and their rationale. The Senate may overturn the 356 President’s veto by a two-thirds vote; if successfully overturned, the President must 357 sign the bill within twenty-four hours. If the President objects to signing, they may 358 sign an “X” and note their objection on the legislation; this still denotes its 359 successful passage and has no effect on its implementation. Outright refusal to sign 360 by the Senate President or the President is an impeachable offense. 361 9. STUDENT CONCERN REPORTS: 362 a. Student Concern Reports (SCRs) serve as a method for students to let their concerns 363 be heard by the ASWOU Government, both regarding our university and the 364 ASWOU Government itself. SCRs are to be made available to students both 365 digitally and in paper format. Any WOU fee-paying student may submit an SCR. 366 The Senate President is to regularly check for submitted SCRs and inform the Senate 367 and other ASWOU Government officials of any SCRs as they deem fit; the Senate 368 President must inform the Senate if the SCR is relating to the actions of the Senate 369 President and must inform their ASWOU advisor of all SCRs. SCRs may be 370 submitted anonymously but students are to be made aware that they will be unable 371 to receive any follow-up to their submission if it is done anonymously. The Senate 372 President shall oversee maintenance of SCR forms and take action regarding SCRs 373 as they deem necessary. If a student requests a follow-up on their concern and 374 provides their contact information, the Senate President must do so promptly and 375 provide available non-sensitive information pertinent to the student’s concern. If a 376 student provides their contact information, the Senate President shall inform the 377 student that their SCR has been received and is under review, unless the student 378 indicates that they do not want to receive any communication on the matter. 379 10. INCAPACITATION: 380 a. If a dispute arises regarding the ability of the Senate President to serve, the Senate 381 shall meet with the President presiding as a non-voting chair. By a two-thirds 382 affirmative vote of the Senate, the question over incapacitation will then go to the 383 Judicial Board, which is to then vote on upholding the Senate’s decision, which shall 384 require a majority vote. Should this occur, the procedure and line of succession in 385 Article IV, Section 3.b.ii shall be followed. 386 11. ATTENDANCE: 387 a. Each Senator is allowed one unexcused absence per term; failure to comply with this 388 policy is an impeachable offense. Any Senator who is more than 10 minutes late will 389 be considered absent unless otherwise excused by the Senate President. If a Senator 390 has informed the Senate President of their anticipated absence, or wishes to excuse 391 their absence after the fact, the Senate President shall determine whether the absence 392 is excused or unexcused. Early departure from a meeting may be counted as an 393 absence and either be excused or unexcused at the discretion of the Senate President. 394 A Senator may appeal the decision of the Senate President to not excuse their 395 absence at the next meeting of the Senate and the Senate may overturn the Senate 396 President’s decision by a two-thirds vote. Proxies for Senators are strictly prohibited 397 in all circumstances. 398 12. SENATE AWARDS: 399 a. The Senate President shall request input from members of Senate and other pertinent 400 parties as to whom should receive the following Senate Awards at the annual 401 Leadership Recognition Night. 402 i. The Senator of the Year Award 403 ii. The Citizen Senator Award 404 13. HONORARY RECOGNITION 405 a. Any former ASWOU Senator shall be entitled to the privilege of being recognized 406 during floor debate and offering their opinion on the matters being discussed. These 407 former Senators shall have a seat made available for them at the Senate table during 408 a Senate Session. 409 14. QUESTION OF PRIVILEGE 410 a. Questions of privilege shall be, first, those affecting the rights of the Senate 411 collectively, its safety, dignity, and the integrity of its proceedings; and second, 412 those affecting the rights, reputation, and conduct of any guests in attendance of the 413 Senate Session. 414 415 Article V - Judicial 416 1. MEMBERSHIP OF THE JUDICIAL BOARD: 417 a. The Judicial Board shall be limited to no more than five Justices, in addition to the 418 Judicial Administrator. Two of these five Justices shall be appointed by the ASWOU 419 President in accordance with proper appointment procedures. Elections for three 420 Justices are to be held during the general election; if there are vacancies for Justice 421 positions not filled during the general election, interested students shall apply to fill 422 the vacancy with the Judicial Administrator and are subject to approval of the 423 Senate. Should the nominee be approved, they are to be sworn in by a representative 424 from the Judicial Board and assume all responsibilities and powers of a Justice. 425 b. Justice may resign their position by submitting a letter of resignation to the Judicial 426 Administrator, who will announce the resignation at the next meeting of the Judicial 427 Board. If the Judicial Administrator resigns, the Senate President shall inform the 428 Judicial Board of the Judicial Administrator’s resignation at the next meeting of the 429 Judicial Board and preside until a new Judicial Administrator assumes office, either 430 by the Vice-Chair succeeding to office or a special election is held. The Judicial 431 Administrator may inform the Judicial Board of their own pending resignation as 432 well. 433 2. JUDICIAL BOARD LEADERSHIP 434 a. The Judicial Administrator shall serve as the Chair and presiding officer of the 435 Judicial Board. The Judicial Administrator is a Justice and may assume those rights 436 when not presiding. While the Judicial Administrator maintains the freedom to 437 speak in meetings and debate on all matters before the Judicial Board, they are to 438 remain impartial when recognizing members during floor debate. The Judicial 439 Administrator is to determine a reasonable expected weekly time commitment for 440 Justices and potential Justices. All official communications to the Judicial Board 441 must be transmitted to the Judicial Administrator. When the Judicial Board is not in 442 session and if the Judicial Administrator deems a matter to be urgent and a special 443 meeting would be unreasonable, the Judicial Administrator may act on behalf of the 444 Judicial Board in providing guidance regarding their interpretation of the ASWOU 445 governing documents, provided that they inform the Judicial Board of their actions 446 as soon as possible. The Judicial Administrator shall act with restraint in these 447 situations and shall have all actions reviewed by the Judicial Board at its next 448 meeting for approval or reversal. The Judicial Administrator may not unilaterally 449 determine violations of the governing documents or issue sentences using this 450 ability. 451 b. The Judicial Administrator shall appoint one of the Justices to be the Judicial Board 452 Vice-Chair by the third regularly scheduled meeting of fall term. 453 c. Should the Judicial Administrator vacate office, the Judicial Board Vice-Chair shall 454 succeed to office, unless the Judicial Board votes by a two-thirds majority to declare 455 them incapable of serving as Judicial Administrator and prevent them from serving, 456 and therefore also removing them from their position of Vice-Chair; this shall also 457 have the effect of commencing impeachment proceedings against them as a Justice. 458 The Judicial Board may only do this in extreme cases where the Judicial Board 459 Vice-Chair has shown themselves to be morally deficient, acted maliciously in the 460 ouster of the previous incumbent Judicial Administrator, acted nefariously in the 461 ouster of the previous incumbent Judicial Administrator, or if the person has proven 462 themselves to be incompetent to succeed to the office of Judicial Administrator. If 463 this occurs, the longest-serving current member of the Judicial Board who is not its 464 Vice-Chair shall act as Judicial Administrator until a special election to fill the 465 position has occurred, which shall happen posthaste. The Judicial Board Vice-Chair 466 may also decline to serve, forcing a special election to occur posthaste. If there is no 467 Judicial Board Vice-Chair, the longest-serving Justice shall act as Judicial 468 Administrator until a Judicial Administrator has been elected or the Judicial Board 469 appoints a Vice-Chair within 10 days of being informed of the Judicial 470 Administrator’s vacating office. 471 3. JUSTICE RESPONSIBILITIES: 472 a. Justices shall attend all Judicial Board meetings in accordance with the Judicial’s 473 Board attendance policies. They are also expected to meet individually with the 474 Judicial Administrator monthly, as scheduled by the Judicial Administrator. 475 b. Within their first four regularly scheduled meetings, each Justice is expected to have 476 attended a training conducted by the Judicial Administrator; this training is to 477 include an overview of parliamentary procedure and expectations and 478 responsibilities of Justices. 479 4. MEETINGS OF THE JUDICIAL BOARD: 480 a. The Judicial Board is only required to meet when it would have business to conduct. 481 b. The Judicial Board may not act without a quorum of its members present. 482 5. DELIBERATION PROCESSES: 483 a. To obtain a hearing before the Judicial Board, any fee-paying WOU student and 484 current staff or faculty member may complete a hearing request form as established 485 by the Judicial Administrator and submit it to the Judicial Administrator; the Judicial 486 Administrator or an ASWOU Advisor may also submit a hearing request on the 487 behalf of a student who informs them of their desire for a hearing. The Judicial 488 Administrator must notify the Judicial Board of the request within 48 hours of the 489 request’s submission. Hearing requests are to include the alleged violation of the 490 ASWOU governing documents and any details available to the submitter which are 491 pertinent to the case. Hearing requests may not be anonymous, per the ASWOU 492 Constitution guaranteeing students the right to face their accuser. Parties involved in 493 the hearing request are to be invited to the Judicial Board meeting in which their 494 case will be heard and allowed to speak to their case and/or submit their testimony in 495 writing. The Judicial Board is then to determine if there was, in fact, a violation and 496 then what sentence, if any, would be appropriate. The Judicial Board is to inform the 497 accuser and the defendant of its determinations in writing within 48 hours. 498 b. The Judicial Board shall review all legislative action taken by the Senate regarding 499 its adherence to the constitution, or Bylaws if the legislation is not an amendment to 500 the Bylaws or constitution themselves, following the first reading of the legislation 501 in the Senate or, at its discretion and with the request of the Senate President, prior 502 to the first reading of the legislation. 503 i. Should the Judicial Board regard legislation of the Senate to be in violation of 504 the constitution, the Judicial Administrator must submit in writing the exact 505 constitutional issues with the legislation to the Senate no less than 48 hours prior 506 to the next duly scheduled meeting of the Senate, or as soon as absolutely 507 possible should the Judicial Board meeting occur within 48 hours of the next 508 duly scheduled meeting of the Senate. Provided that the Senate has not 509 suspended the adoption timeline and already adopted the legislation prior to the 510 Judicial Board’s review, the Senate may then either terminate the legislation, 511 amend the legislation to address the issues noted by the Judicial Board and it 512 may resubmit the legislation for review, or proceed with the legislation as 513 written and without further preliminary review from the Judicial Board. 514 ii. Should the Senate proceed with the legislation as written and without further 515 preliminary review from the Judicial Board, or if the adoption timeline was 516 suspended and the legislation adopted, the legislation may be considered duly 517 passed and enter into effect; however, should a hearing request be filed regarding 518 passed legislation, it may also be subject to the decisive review of the Judicial 519 Board which may rule the legislation unconstitutional and therefore be nullified. 520 iii. Should a hearing request be filed regarding passed Senate legislation, at the next 521 meeting of the Judicial Board two-fifths of the Judicial Board must agree to 522 consider the matter. If the Judicial Board agrees to consider it, the Judicial 523 Administrator must inform the Senate of the Judicial Board’s decision posthaste. 524 At the Judicial Board meeting in which they consider the matter, members of the 525 Senate must be allowed to participate in discussion on the matter as any Justice 526 would, but may not make motions. 527 c. University closures and academic vacations and holidays are not counted against the 528 aforementioned time periods. Violations of any part of these due process procedures 529 will render the decision in the case null and void. Should the Judicial Board be 530 alleged of violating due process, it may disagree with the allegation by majority 531 vote; should this occur, the President shall preside over a Special Committee on 532 Judicial Appeals consisting of the Judicial Administrator, the Senate President, the 533 Vice President, and two fee-paying students-at-large appointed by the President who 534 are not otherwise ASWOU Government members or parties in the case(s) in 535 question. This Special Committee shall meet posthaste to determine by majority vote 536 if due process was, in fact, violated. The defendant(s) in the case(s) shall be invited 537 to the meeting of the Special Committee and allowed to speak and/or submit their 538 testimony in writing as to the alleged violation(s) of due process. Any sentence by 539 the Judicial Board on the case(s) in question shall be stayed pending the 540 determination of the Special Committee. 541 6. GOVERNING DOCUMENTS: 542 a. The ASWOU governing documents are to be formatted in a standard format 543 utilizing 12-point Times New Roman font, line numbers, and page numbers 544 throughout. They may not include page borders. The Judicial Administrator shall 545 regularly update the governing documents as they are duly amended. The Judicial 546 Administrator, in cooperation with the ASWOU Director of Visual 547 Communications, shall create a table of contents for the ASWOU governing 548 documents. The Judicial Administrator shall update the table of contents as the 549 governing documents are duly amended. 550 7. INCAPACITATION: 551 a. If a dispute arises regarding the ability of the Judicial Administrator to serve, the 552 Senate may determine by a two-thirds affirmative vote that the Judicial 553 Administrator is unable to serve. Should this occur, the question over incapacitation 554 will then go to the Judicial Board with the President presiding as chair. The Judicial 555 Board shall then vote on the question of upholding the Senate’s decision, which 556 shall require a majority vote. Should this occur, the procedure in Article V, Section 557 1.d shall be followed. 558 8. ATTENDANCE AND CONDUCT: 559 a. Each Justice is allowed one unexcused absence per term; failure to comply with this 560 policy is an impeachable offense. Any Justice who is more than 10 minutes late will 561 be considered absent unless otherwise excused by the Judicial Administrator. If a 562 Justice has informed the Judicial Administrator of their anticipated absence, or 563 wishes to excuse their absence after the fact, the Judicial Administrator shall 564 determine whether the absence is excused or unexcused. Early departure from a 565 meeting may be counted as an absence and either be excused or unexcused at the 566 discretion of the Judicial Administrator. A Justice may appeal the decision of the 567 Judicial Administrator to not excuse their absence at the next meeting of the Judicial 568 Board and the Judicial Board may overturn the Judicial Administrator’s decision by 569 a two-thirds vote. Proxies for Justices are strictly prohibited in all circumstances. 570 b. Justices are expected to conduct themselves in a manner becoming of their position. 571 Failure to adhere to their responsibilities or conducting themselves in an injurious 572 manner either within or outside of Judicial Board meetings are impeachable 573 offenses. 574 9. OATH OF OFFICE: 575 a. The Oath of Office for all ASWOU Government members shall be: “I, [student 576 name], do solemnly swear to faithfully execute the duties of the office of [position 577 title] to the best of my abilities and, in the best interest of the Associated Students of 578 Western Oregon University, to uphold the Governing Documents and the Student 579 Code of Conduct.” This oath must be taken in front of a witness. 580 b. ASWOU Government members shall also be required to sign a document 581 acknowledging that they have taken the Oath of Office, which is also to be signed by 582 the witness and the Judicial Administrator or their designee who swore in the 583 member. These documents are to be kept on record by the Judicial Administrator, 584 with a copy being provided to the member. 585 586 Article VI - Elections 587 1. PURPOSE AND SCOPE: 588 a. The purpose and scope of these election policies is to allow all students an equal 589 opportunity to present their views and qualifications to the ASWOU during an 590 election period. 591 b. These policies shall be in effect for all ASWOU elections authorized by the Judicial 592 Branch. 593 c. These policies shall be in effect in all areas recognized as the Western Oregon 594 University (WOU) campus. These policies do not apply to campaigning that occurs 595 off campus, except campaign financing, endorsements/ticketing, and the Elections 596 Code of Conduct regulations. 597 d. These policies shall apply to all students of WOU. 598 e. All students of WOU shall have an equal opportunity to vote. 599 2. DEFINITIONS: 600 a. Campaign Finances: Money expended by any candidate or campaign staff for a 601 candidate’s election, or money raised by the candidate and their campaign staff on 602 behalf of the candidate. This must be recorded and regularly submitted, as required, 603 to the Elections Committee. 604 b. Campaign Material: Any material, printed or otherwise, designed to support a 605 campaign. 606 c. Campaign Violation: Anytime a candidate or a member of a campaign/cause staff is 607 found in violation of policies laid out by the ASWOU Bylaws and/or relevant WOU 608 authorities. The candidate or cause organization is responsible for all violations 609 made by campaign staff. 610 d. Campaign Week: The week prior to the polls opening in which candidates and 611 campaign organizations seek to gain recognition from the voters. 612 e. Campus List Serve: A server that manages campus lists of contact information, for 613 groups of users. 614 f. Candidate(s): Any ASWOU student who meets the current GPA standard, is 615 enrolled in at least 6 credits (while in office), and who meets the requirements 616 outlined in the ASWOU Bylaws, Constitution, or other Governing Documents. 617 Candidates must also submit the appropriate application and/or documents. 618 g. Candidate Forum: The Elections Committee will hold at least two forums to allow 619 candidates a fair and equal way to address the voters. All candidates must be given 620 one-week prior notice of the forum’s scheduled time. 621 h. Cause: Any ballot initiative, measure, or recall efforts can be described as a cause. 622 No cause may server or further the election a single candidate. Causes are expected 623 to follow elections policies as any other campaign would. 624 i. Cause/Campaign Staff: All those people who act on a cause or candidate’s behalf 625 with the candidate’s or cause’s knowledge and permission. All staff members are 626 expected to follow the Elections Code of Conduct. This staff may include non- 627 student members. (Also referred to as a “Campaign Organization”). 628 j. Cause Organization: A Cause Organization is a campaign and its staff that serves a 629 cause as defined above. Cause Campaigns/Organizations must submit applications 630 as any candidate would, this must include a founding ASWOU student who serves 631 as the primary point of contact. The staff of a cause organization advocates with the 632 same capacity and limitations as a candidate and as a candidate and/or campaign 633 organizations during an election. Cause organizations must abide by the same 634 policies as a campaign organization. 635 k. Computer Lab: Any area/room with three or more computers which is not regularly 636 scheduled for classroom/teaching purposes. 637 l. Disqualification: the most severe sanction that the Elections Committee may issue. 638 This removes the candidate’s name from the ballot, and bars the candidate from 639 being elected to office. 640 m. Elections Committee: The body of students and its advisors who oversee and set 641 policies in accordance with the ASWOU Bylaws for ASWOU Elections. This 642 committee is a subunit of the Judicial Branch. 643 n. Elections Secretary: A person who takes notes at all Elections Committee meetings. 644 These notes will be used if any policies regarding election policies within ASWOU 645 Bylaws need to be changed. 646 o. Endorsement: To give approval of a cause or candidate via public support, or by 647 public statement. 648 p. General Election: The annual election called to fill all of the positions created by the 649 ASWOU Constitution, as well as three Incidental Fee Committee members, and to 650 vote on various ballot measures. 651 q. Grievance Hearing: A meeting to read and discuss violations. The Elections 652 Committee will hear from the person(s) lodging the complaint(s), from the 653 candidate, as well as any other person(s) involved. At this meeting, the Elections 654 Committee will determine whether a violation was committed, and if so, whether a 655 sanction is required. 656 r. In-kind Donation: Materials or services donated to a campaign. In order to be 657 classified as an in-kind donation, these must be directly applicable to the election of 658 a candidate. The value of the materials or services will be estimated in financial 659 terms. All donations must be recorded by the campaign and will be counted as part 660 of the campaign finances. 661 s. Mandatory Elections Meeting: A meeting deemed mandatory for all candidates by 662 the Elections Committee. At least one Mandatory Elections Meeting will be held per 663 election in order to distribute the Elections Policies to all candidates that will be 664 appearing on the ballot, as well as take pictures which will be displayed on the ballot 665 for each candidate. Candidates must be given a minimum of 72 hours’ notice of all 666 mandatory meetings in order to allow for accommodations. Cause organizations and 667 write-in candidates will be held accountable to the policies and guidelines outlined 668 within these meetings regardless of the start date of their campaign. 669 t. Poster: Each visible side of a poster (whether on the same sheet of paper/material) 670 shall be counted as one poster. 671 u. Slate: A slate is any recommendation by a person or entity that more than one 672 candidate and/or cause should be voted for. These are allowed by ASWOU 673 elections. 674 v. Special Election: Any election other than the General Election, including an 675 ‘Emergency Election.’ A special election may be called by a duly passed resolution 676 of the Senate or at the discretion of the Judicial Board. 677 w. Ticket: A ticket refers to a way of casting a vote in which, by voting for one person 678 for one position, a voter is also casting their vote automatically for another person 679 for another position in such a manner as the voter in unable to vote for different 680 candidates for different positions by choosing to vote for a single candidate for a 681 single position. These are not allowed on ASWOU election ballots. 682 x. Violation Notice: A notice from the Elections Committee that a violation has 683 occurred, but only requires a hearing if either, no action to correct the violation is 684 taken, the violation(s) is of a serious or continuing nature, or the party receiving the 685 notice requests a hearing. 686 y. Write-in Candidate(s): Any candidate who abides by the elections policies laid out, 687 but did not file the required candidacy application. Also refers to someone removed 688 from the ballot by the Elections Committee as a sanction for violation during their 689 campaign, but is still allowed to hold office. A Write-in Candidate who intentionally 690 and seriously violates elections policy is subject to disqualification. A Write-in 691 Candidate must be an ASWOU student who meets the current credit, GPA and 692 position requirements outlined in the appropriate ASWOU Bylaws, Constitution, or 693 other Governing Documents. 694 3. ELECTION TIMELINE: 695 a. Except for special elections, elections shall only take place during spring term of the 696 academic year. They should start no later than the fourth week of April, unless 697 otherwise decided by a joint resolution passed by the Senate and approved by the 698 Judicial Board. 699 b. Every effort should be made for there to be a full Elections Committee formed and 700 approved by Senate by the beginning of Spring Term. 701 c. Every effort should be made for the Joint Committee on Elections Appeals to be 702 formed by the beginning of spring term. 703 4. MEMBERS OF THE ELECTIONS COMMITTEE: 704 a. The Elections Committee, which is a Subcommittee of the Judicial Board, shall be in 705 charge of running the ASWOU elections. 706 b. The Elections Committee will be composed of six members, who shall include an on 707 campus student appointed by the Residence Hall Association President, a member of 708 the Judicial Branch as decided by the Judicial Administrator, and the remaining four 709 members will be co-appointed by the ASWOU President, Senate President, and the 710 Judicial Administrator. 711 i. All appointments, with the exception of the Residence Hall Association 712 appointment, shall be subject to Senate approval. 713 c. Any of the four members appointed by the ASWOU Branch Heads may have their 714 appointment to the Elections Committee rescinded if two Branch Heads deem it 715 necessary. 716 5. ELECTIONS COMMITTEE RESPONSIBILITIES 717 a. Once the Elections Committee has been formed, the branch heads shall provide a 718 mandatory training and orientation to all members. Any branch head who is serving 719 as a member of the Elections Committee or is a candidate in the election in question 720 shall not provide this orientation and training. Should all branch heads be therefore 721 disqualified, a professional ASWOU advisor is to provide the training and 722 orientation. 723 b. The Elections Committee chair shall maintain and improve as necessary their 724 transition binder to ensure each Elections Committee is well informed on proper 725 procedure. 726 c. At the end of the each election, the Elections Committee shall submit a report to the 727 ASWOU branch heads-elect outlining areas of improvement in the elections process. 728 This report may include recommendations but may not include wholesale policy 729 changes and is neither prescriptive nor binding. 730 d. Members of the Elections Committee are not allowed to run for any office in the 731 ASWOU Election. 732 e. The Elections Committee shall endeavor to inform the candidates of any changes of 733 procedure, electoral status, or general election information by email within twenty- 734 four hours of the change. 735 i. The official email address of the Elections Committee shall be 736 [email protected]. 737 f. The Elections Committee shall produce a map of WOU’s campus showing where it 738 is appropriate to post posters and where candidates cannot campaign. This shall be 739 given to all candidates. 740 g. Elections Violations 741 i. Any candidate running for an elected position, or a cause organization 742 supporting a ballot measure, has the right to file an election grievance with the 743 Elections Committee. Grievances cover potential violations to these election 744 guidelines and the ASWOU Constitution and Bylaws. A grievance being filed 745 will result in a grievance hearing of the Elections Committee by the Appeals 746 Committee or the Judicial Board, depending on the body to which it was 747 submitted. 748 ii. Any ASWOU student may file a “Notice of Possible Elections Violation”. 749 h. This notice must be submitted to the official Elections email. 750 i. This alleged violation must be reviewed by the Elections Committee Chair 751 within twenty-four hours in order to determine whether a grievance hearing is 752 necessary. 753 i. Grievance hearings, when necessary, must be held within 48 hours of the grievance 754 being filed. 755 j. The Elections Committee will issue a violation notice to any candidate or cause that 756 violates any elections policy via email. 757 i. In the case of a cause organization, the notice of the violation will be issued to 758 the primary point of contact on the cause organization application. 759 k. Anonymous concerns and complaints do not warrant deliberation as the ASWOU 760 Constitution guarantees students the right to face their accuser. 761 i. Any member of the Elections Committee may file a grievance against a 762 candidate or cause on the ASWOU ballot. A grievance will result in a grievance 763 hearing of the Elections Committee. 764 l. It is the responsibility of the Elections Committee to follow Oregon Public Meeting 765 Laws. All meetings shall be open to the public and shall not be closed, with the 766 exception of deliberations for a hearing, but minutes shall still be taken. 767 i. In the case of tallying votes, to protect student privacy and anonymity, it is not 768 necessary to record or maintain minutes of the counting and verification of votes. 769 However, the finally tally and any discussion of it will be on the record. Should 770 no discussion be required the official and signed voter tally sheet shall serve as 771 an official record. 772 m. The Elections Committee shall practice good decorum and be impartial while 773 hearing cases. 774 n. The Elections Committee shall ensure that all students of WOU have an equal 775 opportunity to vote. 776 o. The purview of the Elections Committee shall be to enforce the elections policies 777 duly created by Senate. The Elections Committee may recommend policies to the 778 Senate for approval, which shall only be in effect for the duration of the election in 779 question for which the Elections Committee has been appointed. Such 780 recommendations are technically within the legislative agenda of the Senate, but are 781 not subject to any legislation adoption timeline and may be voted on at the next 782 Senate meeting following their recommendation. The Senate may also, in 783 consultation with the members of the Elections Committee, enact such policies 784 6. SUPERVISION OF THE ELECTIONS COMMITTEE: 785 a. All three ASWOU Branch Heads and the ASWOU Advisor(s) will serve as advisors 786 to the Elections Committee unless they are running as a candidate, are part of a 787 cause or campaign organization, or are serving on the Elections Committee. 788 b. All of the advisors may remain in attendance during closed deliberations. 789 7. ELECTIONS CODE OF CONDUCT: 790 a. No candidate, member of a campaign staff, or supporter of a candidate(s) should 791 make any threat(s) of retaliation or reprisal to voters or other participants in an 792 election, or intimidate or impersonate voters. 793 b. Candidates and their campaign staff should not use ASWOU funds or resources for 794 the purposes of the election or campaigning except for resources that are available 795 on a basis of equality with all other candidates. 796 c. All candidates and their campaign staffs should respect the rights of others, and 797 should take all necessary and reasonable steps to conduct their campaigns in a 798 peaceful environment. 799 d. Every candidate should act in good faith and with integrity in matters of speech and 800 conduct. 801 e. Candidates, and their campaign staffs, should ensure that their campaign activity 802 does not incite violence, create hatred, or cause tension between different groups or 803 communities. Abusive or inflammatory language shall not be tolerated, and all the 804 necessary steps should be taken in good faith to avoid violent confrontation. 805 f. Candidates, and their campaign staff, should not obstruct or break up meetings 806 organized by other parties and candidates, prevent the distribution of handbills and 807 leaflets, or interfere with other parties’ political material, for example, by 808 defacement or over-postering. It is the responsibility of candidates to ensure that 809 their campaign staff does not engage in activities likely to lead to a breach of 810 election policies. 811 g. Any ASWOU employee may work for any candidate or cause, provided that the 812 employee is not using any ASWOU resources beyond what is allowed by these 813 Bylaws, including Section 6.b of this article. 814 8. CANDIDATES: 815 a. A candidate is only eligible for one place on the ballot per election. 816 b. Candidates must be in good judicial standing with WOU. 817 c. All candidates shall follow the WOU Student Code of Conduct, and the Elections 818 Code of Conduct. 819 d. Write-in candidates must meet the GPA, credit, and judicial standing requirements 820 to be declared elected and take office upon receiving sufficient notes. Votes for a 821 write-in candidate wherein the intent of the vote may be clearly ascertained are to be 822 counted even if the name written in on the ballot is not exactly the name of the 823 write-in candidate. Votes for a write-in candidate are to be counted even if the write- 824 in candidate has not informed the Elections Committee of their candidacy. 825 e. A candidate is any student who meets the