PREAMBLE
We, the members of the
Student Government Association of Indiana
State University of Terre Haute, Indiana, desiring to proved a form of
government for the supervision of student activities; to provide a forum for the
expression of student views and interests; to maintain academic freedom,
academic responsibility, and student rights; to improve student social, cultural
and physical welfare, to maintain educational standards, facilities and teaching
methods, to promote national and international understanding and fellowship at
the student level; and to foster recognition of the rights of students in this
school and in this community, do hereby establish this Constitution.
ARTICLE I
Section 1:
The
name of the official student governing body at Indiana State University will be
the Student Government Association.
Section 2:
The
purposes of the Student Government Association are those stated in the Preamble
of this Constitution.
ARTICLE II
All students currently
enrolled for University credit shall be, by implicit consent, members of the
Student Association of Indiana State University.
ARTICLE
III
Section 1:
The
Student Government Association will be organized in three branches. They shall be the Executive, the
Legislative, and the Judicial. The
powers and duties are those mandated by the respective articles of this
Constitution.
Section 2:
No person or group of
persons in one of these branches will exercise any power belonging to the other,
expect as hereinafter expressly directed or permitted.
Section 1:
These definitions will be
used by the Student Government Association to identify the components of the
University community.
A. Indiana State University or the University is defined as the institution composed of the Board of Trustees,
the Administration, the Faculty, and the Students of Indian State University.
B.
The
Board of Trustees is defined as the governing body of the University deriving
its powers from the laws of the State of
Indiana.
C.
The
Administration is defined as the administrative appointees at the
University.
D. The Faculty is defined as those persons appointed primarily for the purpose of conducting classroom activities.
E.
Students
are defined as all persons currently enrolled for University credit.
F. Student laws are defined as those rules and procedures adopted by the Student Government Association.
.
Section 2:
Students have the right of
access to higher education according to these guidelines:
A.
No
person will be denied admission, re-admission or graduation at Indiana State
University or
any school, department, or division thereof, on the basis of gender, race,
creed, religion, national origin, veterans status, sexual orientation, personal
beliefs, personal opinions or differently-abled status.
B.
No
person will be denied admission, re-admission, or graduation at Indiana State
University or any school, department, or division thereof, for failure or
refusal to submit information concerning gender, race, creed, religion, national
origin, veterans’ status, sexual orientation, personal beliefs, personal
opinions, or differently-abled status.
C. Any student has the right to
enroll in any available class or course offered at Indiana State University for
which they are willing and able to pay
tuition and for which they have fulfilled the University prerequisites.
D.
No
persons will be denied admission, re-admission, or graduation at Indiana State
University for refusal or failure to surrender any rights, freedoms, or
privileges guaranteed or granted to them by the Constitution or the laws of the
United States, or the Constitution or the laws of the State of Indiana.
Section 3:
The
academic rights of students shall be:
A.
Students
have the right to know their academic standing and the criteria upon which they
are being evaluated in any course in which they are enrolled. Students have the right to be evaluated
solely upon the stated criteria for any course in which they are enrolled. Students have the right to a syllabus
and/or course outline, which shall include grading system, test schedule,
reading assignment schedule, and a list of any special projects or research
papers required. Changes in the
syllabus during the course of the semester should be communicated to students in
a timely fashion.
B. The professor in the classroom and in conference shall encourage free discussion, inquiry and expression. Student performance shall be evaluated solely upon an academic basis, not upon opinions or conduct in matters unrelated to academic standards. Students shall be free to take reasoned disagreement to the data or views offered in any course of study and to reserve judgment about matters of opinion, but students are responsible for learning the content of any course of study in which they are enrolled.
C. Students shall have protection through established procedures against prejudiced or capricious academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.
D.
Students
have the right to a reasonable expectation of faculty performance as set forth
in the Indiana State University Faculty Handbook.
Section 4:
Student rights of assembly
and association shall be:
A. Students have the right to
assemble peacefully on University owned property, subject to lawful regulation
by the University.
B.
Students
have the right to organize and join associations to promote their common
interests.
C.
No
student organization will be refused to exist or have its right to exist revoked
without due process of student law.
D.
Students
and student organizations have to
right to examine, criticize, and discuss questions of interest publicly and
privately.
E.
Organizations have the right
to establish requirements for their won membership except on the basis of race,
creed, color, national origin, or gender except for exceptions made under Title
IX of the Federal Education Amendments.
F.
Except
as stated in this Constitution, neither the University nor the Student
Government Association, nor any part of either, shall determine internal
policies of any specific organization.
G.
The
student press should be free of censorship and advance approval of copy, and its
editors and managers should be free to develop their own news coverage and
editorial policies.
H.
Editors
and mangers of student publications should be protected from arbitrary
suspension and removal because of editorial policy of content. Only for proper and stated causes should
editors and managers be subject to removal and then by orderly and prescribed
procedures. The agency responsible
for the appointment of editors and managers should be the agency responsible for
their removal.
I. All University published and
financed student publications should explicitly state on the editorial page that
the opinions there expressed are not necessarily those of the University or
student body.
Section 5:
Students have the right to
formal participation in a student government of their won design by means of
which they may express their opinions and by which they effect these
opinions. Students shall have a
means by which they may determine the structure of said government.
Section 6:
The
rights of students in University disciplinary procedures shall be:
A.
The
appropriate University due process will be observed in all disciplinary
situations which might result in a change of the student status or
standings.
B.
University disciplinary
action is not taken by the University simply to duplicate the judgment of civil
law, but to serve the purposes peculiar to the University community.
C.
The
University shall not institute disciplinary action against a student for
off-campus conduct, criminal or otherwise, except in the case of a serious
threat to the welfare or safety of persons and property.
D.
Criminal
conduct on the campus may subject a student to prosecution by civil
authorities.
E.
Within
the guidelines of University due process, a student accused of violations of
University rules, regulations, or policies shall have the right to have a charge
brought to bear within six (6) months after a complaint is brought before the
appropriate official of the Administration.
F.
A
student has the right to know whether or not statements that they may make in
disciplinary or counseling situations can be used in student courts,
administrative procedures, or civil courts.
G.
Hearings
need not be delayed until after a student has been tried of any concurrent
criminal charges. Students who have concurrent criminal charges pending against
them, however, should be permitted to consult with counsel during their
disciplinary hearings. The role of counsel will be limited to
consultation.
H.
A
student shall have the right to have their interim suspension reviewed by the
All-University Court within five (5) school days after that suspension shall
take effect; such review shall be conducted by the All-University Court or such
alternate system as has been provided by this Constitution.
I. A student subjected to
interim suspension, and later exonerated, shall have the right to appeal to the All-University or other
specified Court to request that the University do every reasonable thing within
its power to see that the student is not unduly damaged by the interim
suspension.
J.
Neither
the University nor the Student Government Association nor any part of either
shall make a rule, regulation, or law which shall deny any student of the
rights, freedoms, or privileges guaranteed as granted by the United States
Constitution or the laws under it, or the State of Indiana Constitution or the
laws under it. Nor, will any rule, regulation, or law be construed or
interpreted as denial of such right and privileges.
K.
Except
under extreme circumstances neither the property occupied by a student, nor the
person of a student, nor their personal possessions will be searched or seized
by representatives, agents, employees, or other persons acting for the
University without one of the following: permission of the student, permission
of the designated University official(s) or legal search warrant.
L.
All
students accused of violation of University rules, regulations, or student law
shall be considered innocent until found guilty. The mere accusation of a
violation shall in no way be construed as to limit the rights or privileges of
the student, except in the case of a serious threat to the welfare or safety of
persons or property.
M. A person who files a
complaint against a student for violation of University rules, regulations, or
student law shall have the right, upon request to be informed: 1) if a charge
has been filed as a result of a complaint, 2) if a hearing has been held, and 3) the
result of a hearing.
N.
Students
shall have the right of access to all University rules, regulations, student
laws, and all documents covered under the Open Door law of the State of
Indiana.
O.
Within
the guidelines of University due process, a student accused of violations of
University rules, regulations, or policies shall have the right to choose
between the Student Court System and the Administrative Hearing System for
adjudication, when the Student Court system is functioning.
Section 1:
The executive officers of
the Student Government Association shall include the President, Vice President,
Treasurer, and other officers as deemed necessary by the Senate. All executive
powers are vested in such officers.
Section 2:
The President shall have no
vote in the Senate.
Section 3:
The President shall
have veto power over all resolutions and legislation of the SGA Senate, although
the Senate may override such veto by a two-thirds vote of the current
Senate membership.
Section 4:
The order of succession shall be President, Vice-President and President Pro-Tempore.
Section 1:
All legislative power
granted herein shall be vested in, and exercised by, the Student Senate of the
Student Government Association of Indiana State University.
Section 2:
The Student Senate
shall be composed of Residence Hall, Commuter and Fraternity Housing Senators
who shall have voting power, and speaking seats which shall have no voting
power.
Section 3:
Senators shall
represent the constituents of the area from which were elected.
Section 4:
All organizations registered with the Student Government Association, as well as the Administration, Faculty and the Indiana Statesman shall be granted speaking seats as designated by the Student Government Code.
Section 5:
The officers of the Student Senate shall be:
A.
President of the Student Senate.
1. The Vice President of the Student Government Association shall serve as the President of the Student Senate.
2. The President of the Student Senate shall call and preside over meetings of the Student Senate
3.
The President of the Student Senate may vote on proposed legislation only
to break a tie.
4. The President of the Senate shall appoint all Senate Committees.
B. President Pro-Tempore of the Student Senate.
1. The Student Senate shall elect a President Pro-Tempore from among the Senators by a majority of the voting membership.
2. The President Pro-Tempore shall reside over all meetings in the absence of the President of the Student Senate.
1. The Secretary shall be appointed by the President of the Student Senate with the approval of two-thirds of the voting membership of the Student Senate.
2. The Secretary may hold no other Student Government position and shall have no vote in the Senate.
3.
The Secretary shall take minutes of Senate meetings and perform other
duties as set forth by the Student Government Vice President.
Section 6:
All members of the Student Senate must
submit a signed Release of Information Form to verify that they meet the
following qualifications during their term of office and in order to be a
candidate for Senator:
A. Enrollment for University credit.
B. Good conduct standing with the University.
C.
A cumulative grade point average of 2.0 or above.
The Student Senate shall be the sole
judge of other qualifications of its members.
Section 7:
Resident hall Senator must reside in the
hall they represent. No student
living in Fraternity Housing or a resident hall may be elected or
appointed.
Section 8:
Two-thirds of the voting membership of
the Student Senate shall constitute a quorum.
Section 9:
The Senate may determine the rules of
its proceedings and shall keep an official record of these
proceedings.
Section 10:
Upon petition of five (5) percent of the
student body, any legislation which they (the petitioners) deem necessary shall
be submitted to the student body at the next all-campus election. If accepted, this legislation will have
the same standing as any legislation passed by the Student Senate and signed by
the President. One-third of the
voting membership of the Student Senate may submit any legislation to the
members of the Student Government Association at the next all-campus
election. If approved, such
legislation shall have the same standing as any legislation passed by the
Student Senate and signed by the President.
Section 11:
The Student Senate shall have the power
to:
A.
Establish regulations affecting student elections which are open to all
member of the student body.
B.
Establish criteria for registration of campus organizations.
C.
Impeach Student Justices by a two-thirds vote of the voting members of
the Student Senate, for malfeasance in office and dereliction of
duty.
D.
Try Student Justices, after their impeachment. Conviction will be by a two-thirds (2/3)
majority vote of the Student Senate.
E.
Effect by two-thirds of the voting membership the impeachment of the
President or Vice President of the Student Government Association or any other
executive officer.
F.
Approve all student nominations, who represent SGA to University
Committees and all other committees which provide for student
representation.
G.
Make all policies, establish Senate Offices, independent offices, and
other paid positions unless otherwise prohibited by the Constitution, which
shall be necessary to the exercise of the foregoing and all other powers vested
by this Constitution in the Student Government Association.
H.
Elect the President, Vice President, and Commuter Senators of the Student
Government Association if none are provided by an election as specified in this
Constitution.
I.
Appoint student representatives, who represent SGA to the Faculty Senate
and student members of the Faculty Senate Committees.
J.
Establish guidelines for any and all Student Senate Offices and
independent offices.
K.
Approve, amend, or reject any and all proposed bills, resolutions, and/or
motions under its consideration.
L.
May establish a Student Government Code.
Section 12:
Should a Senate seat become vacant, it
may be filled in accordance with the Student Government Code.
ARTICLE VII
The Judicial Branch
Section 1:
All judicial powers of the
Student Government Association shall be vested in the Judicial Branch and such
courts as the Senate shall establish.
Section 2:
The Judicial Branch shall be
empowered to review, upon request of a member of the student body, any document
or action of the Student Government Association with regard to its
constitutionality.
Section 3:
The Judicial Branch
shall be composed of members of the Student Body.
ARTICLE VIII
Elections
Section 1:
An
election for all elected SGA positions will be held on an annual basis in
March.
Section 2:
Elected positions are SGA President, SGA Vice President and all SGA
Senators.
Section 3:
Terms of office for all SGA positions shall begin on the last Wednesday
in March and shall end on the last Tuesday in March of the following
year.
Section 4:
A candidate for the Presidency or Vice-Presidency of the Student Government Association must:
A. Be enrolled
in at least 9 undergraduate hours or 6 graduate hours, be in good standing, and
have a 2.5 or above grade point average.
These requirements must also be maintained throughout the term of
office.
B. Have
completed at least 36 hours of University credit.
C. Have
spent at least two (2) semesters as a student at Indiana State University. Enrollment in the first and second
session of the Summer Term shall be considered as enrollment in a full academic
semester.
D. Submit a
signed Release of Information Form their petition to run for office.
Section 5:
A
student serving as President or Vice-President of the Student Government
Association shall hold no other campus office or University administration
position.
Section 6:
The
number of Senators elected shall be:
A. One from each
residence hall except Lincoln Quadrangles which shall elect two.
B. One
student from the Fraternity Housing.
C. A number from the commuter student population determined by the following formula:
Each year as of February 15, the Campus Elections
Commission shall divide the number of commuter students by the average number of
students living in a residence hall, except Lincoln Quad. The resultant number plus one for any
major fraction thereof shall determine the number of Commuter Senators. Any information needed in determination
of the number of Commuter Senators to be elected will be supplied by the
appropriate administrative officials.
Section 7:
Any
Executive Officer of the Student Government Association may be impeached for
malfeasance or dereliction of duty in office and/or violation of articles of
this Constitution. Impeachment
procedures may be initiated by five Senators or by petition by 150 members of
the student body. If the process
results in impeachment by the Student Senate and such process is sustained by
the Student Court, that officer of the SGA shall no longer hold or exercise the
powers of that office.
Section 8:
The
resignation of an officer must be presented in writing at a regular meeting of
the Student Senate at least two weeks prior to the time that resignation shall
take effect; except in cases of pending impeachment, when an immediate
resignation will be accepted.
ARTICLE IX
Finances
Student Government shall receive into its budget a certain percentage of
the student fees and maintain control over specific expenditures subject to
budgetary limitations and/or veto of the University President on the grounds of
unlawful expenditure, but with the right of appeal to the Board of
Trustees. All such expenditures
shall be subject to the receipt, custody and accounting of the University
Treasurer for the proper protection of University funds as contemplated by I.C.
20-12-56-4.
ARTICLE X
Adoption
Section 1:
Upon
legal adoption, and approval by the ISU Board of Trustees, this Student
Government Association Constitution in its entirety will supersede the previous
Indiana State University Student Government Association
Constitutions.
Section 2:
The
Board of Trustees accepts this Constitution under the following
conditions:
The
Student Government Association Constitution shall not be constructed as a
relinquishment by the Indiana State University Board of Trustees of any of their
rights, obligation, responsibilities and authorities conferred upon them by the
State of Indiana, nor shall this Constitution be construed as a relinquishment
by said Board of Trustees to act in final judgment on the management of
institutional affairs nor shall said Constitution be construed as a recognition
by Indiana State University Board of Trustees of any right of any person or
persons, association or organization to take any concrete action (including any
kind of demonstration) to impede, or to threaten to impede, the Board of
Trustees or Administration officials in proper and orderly management and
operation of the University.
ARTICLE XI
Amendments
Section 1:
Amendments to this Constitution will require a two-thirds vote of the
Student Senate membership at two consecutive meetings following the first
reading of said amendment, a vote of approval by the majority of those students
who vote in the all-campus referendum called for that purpose, and approval of
the Board of Trustees.
Section 2:
Whenever ten (10) percent of the members of the Student Government
Association propose an amendment, that amendment will become binding and valid
upon the majority approval of those students voting in the all-campus referendum
called for that purpose, and approval of the Board of
Trustees.