Chapter 1: Student Government Constitution

1-1-1-1 The Student Government Code is authorized by the Student Government Constitution. As the Constitution takes precedence over the Code, the Code takes precedence over any subsequently created documents (such as the Senate Standing Rules or Election Code).

1-2-1-1 The Student Government Code may be cited as the "SGC."

Chapter 1: Construction of the SGC

1-3-1-1 Any law, rule, regulation, or guideline enacted as a part of the SGC is intended to be continuous.

1-3-1-2 The headings of titles, articles, and chapters as they appear in the SGC, as enacted or added by amendment, are not part of the law and may be altered by a majority vote of the Student Senate. These descriptive headings are intended to affect the meaning, application, or construction of the statute they precede.

Chapter 1: Compilation, Updating and Distribution

1-4-1-1 The SGC shall be compiled, updated and distributed only by the Principle Secretary of the Student Senate or an Assistant Secretary at direction of the Principle Secretary.

Chapter 1: Duties and Responsibilities of the Executive Branch

2-1-1-1 The duties and responsibilities of the Executive Branch are those listed in the SGA Constitution and in the SGC.

Chapter 1: Duties of the President

2-2-1-1 The President:

Chapter 1: Duties of the Vice-President

2-3-1-1 The Vice President:

Chapter 1: Proviso

2-4-1-1 The Treasurer, the Attorney General, the Director of Public Relations, the Projects Coordinator and the Director of Legislative Affairs shall be appointed by the President of the Student Government Association with a majority vote of the members present of the Senate.

2-4-1-2 All members of the executive cabinet shall be registered students in good conduct standing and possess and a G.P.A. of 2.0 or higher. These requirements must also be maintained throughout the term of office.

2-4-1-3 All members of the executive cabinet shall be willing to work the number of hours mandated by the Student Government Association's annual budget and accept the student hourly pay rate established by Indiana State University.

2-4-1-4 All members of the executive cabinet shall maintain an office manual containing office policies, procedure, and any other information that would be helpful in aiding succession.

2-4-1-5 All members of the executive cabinet may hire an assistant if the position has been provided for in the budget.

2-4-1-6 All members of the executive cabinet serve at the pleasure of the SGA President and may be dismissed at any time by the SGA President.

Chapter 1: Duties of the Treasurer

2-5-1-1 The Treasurer:

Chapter 1: Duties of the Attorney General

2-6-1-1 The Attorney General:

Chapter 1: Duties of the Director of Public Relations

2-7-1-1 The Director of Public Relations:

Chapter 1: Duties of the Projects Coordinator

2-8-1-1 The Projects Coordinator:

Chapter 1: Duties of the Director of Legislative Affairs

2-9-1-1 The Director of Legislative Affairs:

3-1-1-1 The SGA Senate shall consist of the President of the Senate, President Pro Tem, Deputy Pro Tem, Senate Secretary, Senators and speaking seats.

Chapter 2: SGA Senators

3-1-2-1 All Commuter Senator positions not filled during the election or Commuter Senator position vacancies created by resignation or removal from office may be filled by the Senate. Applications will be accepted for these positions and submitted to the President of the Student Senate who shall refer them to the appropriate committee of the Student Senate. The Chairperson of the appropriate Student Senate committee, with the approval of their committee members, will make nominations to the Student Senate from the applicants. The nomination must be approved by two-thirds of the members present of the Student Senate.

3-1-2-2 All Residence Hall and Fraternity Housing Senators not elected in the SGA Election will require written certification to be sworn into the Senate.

3-1-2-3 Written certification for a Residence Hall Senator will be defined as a letter signed by the Residence Hall Director or GAD.

3-1-2-4 Written certification for a Fraternity Housing Senator will be defined as a letter signed by the President and advisor of the Inter-Fraternity Council.

3-1-2-5 Should a Residence Hall Senator resign or be removed from office before their term has expired, that Senator will be replaced at the discretion of that Residence Hall.

Chapter 3: The Principle Secretary of the Student Senate

3-1-3-1 The duties and responsibilities of the Principle Secretary shall be those listed in the SGA Constitution and in the SGC.

3-1-3-2 The Secretary shall request certification from the SGA Advisor of the eligibility to continue in office for all Senators, Student Justices, the President and Vice President, all other Executive Officers of the Student Government at the start of each academic semester and inform the SGA President of the Senate and the Court Coordinator of the certification results.

3-1-3-3 The Secretary shall maintain a current list of SGA Senators, Executive Officers, Campus Election Commission and Speaking Seats.

3-1-3-4 The Secretary shall keep a record of all Senate proposals, resolutions and minutes; dating and numbering these items in a manner for efficient retrieval by the Senate and the University community.

3-1-3-5 The Secretary shall communicate legislation, other Student Government Association business and relevant attachments to the SGA Advisor, President, Senators, executive officers, and speaking seats prior to the next scheduled meeting of the SGA Senate.

3-1-3-6 The Secretary shall be present or represented at all meetings and shall be responsible for keeping minutes, a record of all votes cast on legislation and a record of attendance at all Student Senate meetings. The Secretary may alternate meetings with the Assistant Senate Secretary making sure that the minutes are of similar style and fashion.

3-1-3-7 The Principle Secretary of the Student Senate shall be allotted a total of eight (8) hours to be used two (2) weeks prior to the start of the fall semester.

3-1-3-8 The Secretary may hire one Assistant Senate Secretary who shall be appointed by the Principle Secretary if the position has been provided for in the budget.

3-1-3-9 The duties and responsibilities of the Assistant Secretary shall be assigned by the Principle Secretary.

3-1-3-10 The Assistant Secretary may be removed from office by the Principle Secretary, the SGA Vice President or the Senate with the majority approval of the members present of the student senate.

3-1-4-1 The duties of the President Pro Tem and terms of occupancy of that position are those listed in the SGA Constitution.

3-1-4-2 In addition, the Senate will nominate and elect a Deputy Pro Tem from the body of Senators by the highest number of votes of the members present at the first meeting of the Senate.

Chapter 5: Speaking Seats

3-1-5-1 All speaking seats shall be subject to the same parliamentary rules of order as the voting seats. They may make recommendations to the Student Senate but not make any formal motions or seconds.

3-1-5-2 Standing speaking seats are granted to the SGA Executive, SGA Advisor, ISU Administration, the Faculty Senate and Support Staff Council.

3-1-5-3 Speaking Seats may be granted by a majority of Senators Present at any regular or called Senate meeting.

3-1-5-4 Only officially registered student organizations may be granted a speaking seat.

3-2-1-1 Powers vested in the Senate are those listed in the SGA Constitution.

Chapter 1: Governance of Senate Operations

3-3-1-1 All legislative sessions will be governed by Robert's Rules of Order (newly revised) unless explicitly specified in the SGC or Standing Rules.

3-3-1-2 The Standing Rules of the Student Senate shall govern the operations of the Student Senate and shall be constructed as the Student Senate deems necessary.

3-3-2-1 There shall be two categories of Bills: Code and Non-code. Code bills shall amend SGC and remain in effect until superseded, or as established by a deadline clause within the bill. Non-Code bills shall be temporary laws which expire at the end of the term of the Student Senate that enacted it or as specified by a deadline clause within the bill.

3-3-2-2 The upper left-hand corner of all Bills will contain:

3-3-2-3 The upper right hand corner shall provide spaces for recording yea, nay, and abstention votes.

3-3-2-4 Whereas clauses, bill histories, information, etc. may precede enacted clauses but are not required.

3-3-2-5 Enacted clauses for Code Bills shall read, "Be it enacted that the Student Senate (amend, repeal, or create) (numerical citation) (sub-section, paragraph, etc.) of the SGC as follows: "

3-3-2-6 Enacted clauses for Non-code bills shall read, "Be it enacted that the Student Senate..."

3-3-2-7 Following the last enacted clause of each bill, spaces shall be provided to record first reading date, action taken, second reading date, Vice President's signature, President's action and signature.

Chapter 3: Resolutions

3-3-3-1 All Resolutions shall be constructed in similar fashion as bills, taking care that the resolution's names are utilized, as designated in the SGC and the Standing Rules of the Student Senate. Types of Resolutions are those listed in the Standing Rules of the Student Senate. Resolutions (other than Constitutional resolutions) indicate approval or disapproval of any proposals affecting the student body with suggestions for change.

Chapter 4: Budget Transfers

3-3-4-1 Transfers between Accounts and/or Line Items shall require a Budget Transfer Bill for all budgetary transfers over one-thousand dollars ($1,000.00).

3-3-4-2 All transfers one-thousand dollars or lower in any amount may be initiated by an appropriate Senate motion requiring a majority of the members present.

3-3-4-3 All transfers from the Other Account, Line Item Executive will require a Budget Transfer Bill, regardless of the amount specified for transferal.

3-3-4-4 The SGA advisor may transfer funds to meet end-of-the-year fiscal needs according to University Regulations.

Chapter 5: Budget Acts

3-3-5-1 The President shall submit a Budget Act to the Student Senate no later than the second Wednesday in April.

3-3-5-2 The Budget Act shall contain the following items:

3-3-5-3 In the Event that the Board of Trustees increases the Budget Act request, adjustments shall be made to the Other Account, Line Item SGA Activities.

3-3-5-4 In the event of the decrease of the Budget Act request by the Board of Trustees exceeding fifty percent (50%) of the Other Account, Line Item SGA Activities, the remaining decrease shall be deducted equally from the Other Account, Line Item Executive, the Other Account, Line Item Grants, Advertising, and/or Staff Development. Any exceptions to this rule must be approved by two-thirds (2/3) of the voting membership of the Senate.

3-3-5-5 Budget Acts shall run from July 1 through June 30 of each year.

3-3-6-1 Non-Code Bills excepting Budget Acts shall require a majority of the members present of the Student Senate to pass.

3-3-6-2 Code Bills must have been submitted to the Senate at least at the regular meeting prior to the consideration and require a two-thirds vote of the members present.

3-3-6-3 Abstentions shall be considered as noting a Student Senator being present for a particular vote, but not voting. A Senator must be present and indicate their abstention in order for the record to show that they abstained from voting.

3-3-6-4 If the President of the Senate is not present for a vote, the Senator occupying the Chair may not cast their vote as a Senator, but may vote to break a tie.

Chapter 7: Passage of Legislation

3-3-7-1 Every legislative item that is passed by the Student Senate shall, before it is adopted, be presented to the President of the Student Government Association by the President of the Student Senate.

3-3-7-2 The President of the Student Government Association must act on the legislation before the next regularly scheduled meeting after its passage. If the SGA President approves the legislation, it will become law pending administration approval. If the President returns the legislation to the Student Senate with a veto, s/he will submit a written explanation of the veto.

3-3-7-3 The Student Senate will enter the SGA President's objections to the vetoed legislation into its minutes and proceed to reconsider it. If, after such consideration, two-thirds of the voting membership of the Student Senate agree to pass the legislation, it will become law pending administrative approval. If any legislation is not returned by the President after the specified time, it will be in the same status as if the President had signed it.

3-3-7-4 Legislation passed by the Student Senate shall be sent to the Vice President for Student Affairs. If the Vice President agrees with the proposed legislation and determines by the established criteria that it not specifically be approved by the Board of Trustees, the legislation shall take effect as provided. The Vice President for Student Affairs shall act on each item of the legislation within thirty (30) days.

3-3-7-5 If the proposed bill is of such a nature that the Board of Trustees must specifically approve it, or if the Vice President of Student Affairs does not agree, he will send it, together with commentary and recommendations, forward to the President for inclusion on the agenda of the Board of Trustees. Items sent to the Board of Trustees should be placed on the Board's agenda at the earliest feasible date. A copy of the recommendation and the Vice President's commentary shall at the same time be sent to the President of the Student Government Association.

Chapter 1: Definition and Proviso

3-4-1-1 Independent SGA Agencies may be created by the Student Senate.

3-4-1-2 All members of SGA Independent Agencies will be enrolled students in good conduct standing and possess a GPA of 2.0 or higher. These requirements must also be maintained throughout the term of office.

3-4-1-3 These Agencies shall be independent of any of the three branches of the SGA but shall operate according to the SGC.

3-4-1-4 SGA Senators cannot concurrently serve in paid SGA positions of any branch or independent SGA Agency, excepting on an interim position basis. Senators serving a paid SGA position on an interim basis are to relinquish all of his/her Senatorial powers and privileges until that paid position is filled or that Senator resigns that interim post.

3-4-1-4 All interim positions are subject to two-thirds (2/3) approval by voting membership of the Student Senate.

3-4-1-5 No interim position shall be filled by a Senator for a period of time exceeding six (6) calendar weeks.

Chapter 2: The Office of Organizational Registration and Grants

3-4-2-1 The Office of Organizational Registration and Grants shall be administered by a Director who shall be appointed by the President of the Student Senate with the approval of two-thirds of the members present of the Student Senate.

3-4-2-2 The Director shall remain in office until s/he resigns, withdraws from the University, graduates, or is dismissed by a two-thirds vote of the members present of the Student Senate.

3-4-2-3 The Director shall be subject to an annual retention vote requiring a majority of voting membership of the Senate to be reconfirmed to office. The retention vote will occur within the first three meetings of the Senate of the Spring semester, with the Director being allotted three minutes to speak on their behalf.

3-4-2-4 The Director will post and maintain regular office hours.

3-4-2-5 The Director will administer a registration process and assist organizations with registration, re-registration, funding requests and appeal processes.

3-4-2-6 The Director will administer a financial grant program.

3-4-2-7 The Director will assure the correctness of all information submitted.

3-4-2-8 The Director will notify student organizations of the disposition of their registration status and funding requests.

3-4-2-9 The Director will make, keep and maintain a set of procedures used in the O.R.G. office to facilitate succession.

3-4-2-10 The Director will keep current and maintain the following records for public inspection at any time.

3-4-2-11 The Director may hire no more than two (2) assistants if wages are provided for in the SGA Budget.

3-4-2-12 Assistants shall maintain office until they resign, graduate, withdraw from the University, or are removed from office.

3-4-2-13 Assistants may be removed from office by the Director with majority approval of the Organizational Funding Committee.

3-4-3-1 The Office of Student Investigative Affairs shall be administered by a Director, called the Director of Investigative Affairs, who shall be appointed by the Vice President of SGA with the approval of two-thirds of the members present of the Student Senate.

3-4-3-2 The Director shall maintain the position for the length of the term and must be reappointed to subsequent terms by two-thirds of the members present of the Student Senate. S/he may also be removed from office by a 2/3 vote of members present.

Chapter 4: Director of the SGA Typing Center

3-4-4-1 The Director of the SGA Typing Center shall be appointed by the Vice President of SGA, subject to Student confirmation of a two-thirds (2/3) vote of the members present of the Student Senate.

3-4-4-2 The Director of the SGA Typing Center shall hold the office until resignation, withdrawal from ISU, graduation, or dismissal from office by the Vice President of SGA.

3-4-4-3 The Director must draft and maintain on file a "Personnel Handbook" which shall outline the job description for all student typists and to aid in succession.

3-4-4-4 The Director shall draft and maintain on file a "SGA Typing Center Contract" which shall contain prices, guarantees, customer obligations, time schedules, deadlines, and any other information he/she deems necessary.

3-4-4-5 The Director may hire no more than three (3) student typists to assist in the completion of the Typing Center business.

3-4-4-6 The Director must deposit on a semi-weekly basis all income of the Typing Center into the Typing Center Agency Account with all receipts given to the SGA Treasurer.

3-4-4-7 The Director shall maintain a petty cash fund of no more than fifteen dollars ($15) for the purpose of making change for customers.

3-4-4-8 All monies, including the petty cash fund, are to be deposited into the Typing Center Agency Account during Winter and Summer breaks, with all receipts given to the SGA Treasurer.

3-4-4-9 The Director shall order all supplies through the Office of the SGA Treasurer.

3-4-4-10 The Typing Center Advisory Board shall be composed of three Student Senators, appointed by the President of the Student Senate with the approval of two-thirds of the members present of the Student Senate.

3-4-4-11 The Advisory Board shall advise the Director on all matters related to the Typing Center.

3-4-4-12 The Director must obtain the majority approval of the Advisory Board for actions taken.

3-4-4-13 The Director, Advisory Board, or any member of the Advisory Board may appeal any decision concerning matters related to the Typing Center to the Senate as a whole.

3-4-4-14 The Director will give a monthly status report that will detail the number of students served and the total income.

Chapter 1: Proviso

3-5-1-1 Senate related job applications are defined as any application for Senator or any office of the Student Senate.

3-5-1-2 The Internal Affairs Committee is charged with maintaining and approving changes to the SGA Application Form

3-5-1-3 The only individuals who are to receive copies of completed applications are:

Chapter 1: Proviso

3-6-1-1 All SGA personnel who receive their wages from the Wages Budget Account may not exceed the average weekly allotment of hours per pay period as imposed by the current Budget Act on each individual paid position in the SGA. Exceptions may be granted by a majority vote of the members present of the ISU SGA Student Senate at session of the Senate.

3-7-1-1 All student organizational funding will be provided for in the SGA Budget in the "Other" Line Item, "Organizational Funding" account.

Chapter 1: Election Code

3-8-1-1 The implementation of the Student Government Election Code created by the Campus Election Commission and approved by the Student Senate and the responsibility for conducting Student Government elections shall be the duty of the Campus Election Commission.

3-8-1-2 The Student Government Association Election Code shall be drafted by the Campus Election Commission and submitted to the Student Senate by the last Wednesday of November of each year. If the Campus Election Commission fails to do so, then the responsibility of drafting and submitting the Student Government Election Code will become the Student Senate's.

3-8-1-3 The Election Code must be submitted to the Student Senate in the form of a written motion.

3-8-1-4 The Student Senate may approve, amend, or reject the Student Government Election Code.

Chapter 2: Campus Elections Commission

3-8-2-1 The Campus Elections Commission will consist of a maximum of three (3) members and two (2) deputy commissioners nominated by the President of the Student Government Association and approved by two-thirds (2/3) of the members present. One of the three (3) commissioners, shall be elected as chair of the commission by the Student Senate by a majority vote of the members present. All Commissioners shall take the oath of office as required in this article.

3-8-2-2 The Chairperson of the Campus Election Commission shall maintain that position until s/he resigns the position and/or removed by a majority vote of the SGA Election Advisory Board.

3-8-2-3 Commissioners will hold office as long as they are a student at Indiana State University and meet the following criteria:

3-8-2-4 Should a Commissioner resign or be removed from office, the President must then nominate a successor within three (3) weeks. If no successor is named, the Student Senate shall make the appointment.

3-8-2-5 Commissioners may be removed by a majority vote of the members present of the Student Senate for malfeasance, dereliction of duty, violating this Constitution, the Election Code, or any other approved Student Government Association legislation.

Chapter 3: SGA Election Advisory Board

3-8-3-1 Appointment, Term of Office, and Removal of the SGA Election Advisory Board shall be as follows:

3-8-3-2 Powers and Duties of the Election Advisory Board shall be as follows:

Chapter 4 Elections

3-8-4-2 The Campus Elections Commission must run elections in accordance with these guidelines:

3-8-4-3 The Campus Elections Commission shall have the authority to:

3-8-4-4 With a minimum of four weeks notice any campus organization may request that the Campus Elections Commission conduct their election. The date of this election must be approved by majority vote of the senators present of the Student Senate.

3-8-4-5 The Campus Elections Commission shall hear and decide upon election contests and complaints previous to the contest complaint being filed with the Student Court. If the complaint is against the Elections Commission itself, it must be filed directly with the Student Court.

3-8-4-6 Students have the right to petition the Student Court to review and rectify the activities of the Campus Elections Commission within five (5) days after the day of the election.

3-8-4-7 The Campus Elections Commission shall receive all finances and materials needed to complete its business from Student Government Association budgeted resources.

3-8-4-8 Commissioners and Deputy Commissioners shall receive compensation for their services approved by the Student Senate by a two-thirds (2/3) vote of members present.

Chapter 5: Oath of Office

3-8-5-1 On the last Wednesday in March upon which the University is in session, the following oath of office will be administered to the President elect and the Vice-President elect by the Chief Justice of the Student Court or a designated Associate Justice.

3-8-5-2 "I, , do solemnly swear (or affirm) that I will preserve, protect, and defend the Indiana State University Student Government Association Constitution and that I will execute the duties of my office to the best of my ability (so help me God)."

3-8-5-3 At the first meeting of the new Senate, before any item of business may be conducted, the above oath of office will be administered to the senators-elect by the Vice-President of the Student Government Association.

3-8-5-4 Any and all votes cast by a Senator-elect of the Senate before they have been sworn in shall be considered null and void. A Senator-elect of the Senate who has not been sworn in within three (3) meetings shall no longer be considered a member of the Senate.

3-8-5-5 Upon the administering of the oath of office to the newly elected Student Senate, the term of the present Student Senate shall end.

3-8-5-6 The following shall also be required to take the oath of office after their approval by the Senate:

Chapter 6 Senate Recall Elections

3-8-6-1 Procedures of Recall Elections will be as follows:

Article 9: Impeachment and Recall

Chapter 1: Senator Recall

3-9-1-1 All Senators are subject to recall by their constituents according to the following guidelines:

Chapter 2: Form and origin

3-9-2-1 The impeachment of the President, Vice President and Executive Cabinet members must be submitted to the Student Senate in the form of a piece of legislation named the 'Articles of Impeachment'.

3-9-2-1 These 'Articles of Impeachment' may be submitted by five (5) Senators or by petition of five percent (5%) of the members of SGA.

Chapter 3: Role and guidelines of the Internal Affairs Committee of the Student Senate

3-9-3-1 Upon the receipt of the 'Articles of Impeachment', the President of Student Senate must send the Articles to the Internal Affairs Committee.

3-9-3-2 The Internal Affairs Committee shall investigate the 'Articles of Impeachment' according to a format decided upon by the Internal Affairs Committee itself within the guidelines of this Title.

3-9-3-3 The 'Articles of Impeachment' will take precedent over any and all Internal Affairs Committee business until said Articles are reported out of said committee.

3-9-3-4 The Internal Affairs Committee must report said Articles to the Senate floor within two (2) weeks of receipt of said Resolution.

3-9-3-5 Two (2) calendar days prior to the Senate meeting in which the Internal Affairs committee issues its report, the Chairperson of the Internal Affairs Committee must notify the President of the Student Senate that the committee shall be reporting said Articles to the Senate.

3-9-3-6 The Internal Affairs Committee shall have the power to request any document or person within the University community.

Chapter 4 Role of and guidelines for the Student Senate

3-9-4-1 No special session of the Student Senate to extend the time of the impeachment hearing may be convened. The Student Senate will be limited to the one and one-half hour time period per week only to hear, debate and consider the impeachment of an impeachable SGA officer.

3-9-4-2 Upon receipt of notice from the Chairperson of the Internal Affairs Committee, the President of the Student Senate shall set aside the first one and one-half hours of every Senate meeting for consideration of said Articles until said Articles are voted upon.

3-9-4-3 The President of the Student Senate shall give the second reading of said Articles in its entirety.

3-9-4-5 After said report is given, the Internal Affairs Committee may call witnesses for the 'Prosecution'.

3-9-4-6 The 'accused' or 'counsel for the accused' may cross-examine all witnesses in the preceding paragraph.

3-9-4-7 Following the Internal Affairs Committee report and presentation of witnesses, the President of the Student Senate shall call upon the 'accused or 'counsel for the accused' to present testimony and call witnesses for the 'defense'.

3-9-4-8 The Internal Affairs Committee may cross-examine all witnesses in the preceding sub-section.

3-9-4-9 Senators other than those on the Committee may not participate in the questioning other than rising to a point of information.

3-9-4-10 Once the Internal Affairs Committee report is complete, the floor shall be opened to all members of the Student Senate for debate.

3-9-4-11 All witnesses shall be subject to questions from all members of the Student Senate during open floor debate.

3-9-4-12 Once debate is closed, a roll call vote shall be taken on said Articles.

3-9-4-13 The vote shall be announced to the Student Senate.

3-9-4-14 If said Articles pass, the President of the Student Senate must request a Student Court hearing date from the Court Coordinator within 24 hours of passage of said Articles.

3-9-4-15 If said Articles fail, the Impeachment process ends.

Chapter 5 Rights of the accused

3-9-5-1 The 'accused' shall have the right to copy of the 'Articles of Impeachment' at least one calendar day before the first reading of said Articles.

3-9-5-2 The President of the Student Senate shall be responsible for delivering the said Articles to the accused.

3-9-5-3 The 'accused' shall have the right to a counsel of their own choosing.

Chapter 6 General Rules & Procedures for the Student Senate During an Impeachment Hearing

3-9-6-1 Roberts Rules of Order, Newly Revised and the Standing Rules of the Student Senate shall be used accordingly.

3-9-6-2 Each member, those holding voting and speaking seats, shall have three minutes (3) per speech per member. Each member, voting and speaking seats, shall be allowed three (3) speeches.

3-9-6-3 If the Vice President of the Student Government Association is the "Accused" party in a 'Articles of Impeachment', then the President Pro Tem of the Student Senate shall conduct the Impeachment Hearing.

3-9-6-5 During any impeachment, the Internal Affairs Committee members and the chair may be removed from the committee only by a two-thirds (2/3) majority vote of the voting membership of the Student Senate until the impeachment process is ended by acquittal or by the Student Court's acquittal or conviction of the "Accused".

4-1-1-1 The Student Government Association shall establish and maintain one (1) Student Court, except when, at the determination of the President of the Student Government Association or a majority of the members present of the Student Senate, a lack of the minimum requirements to hold a valid Student Court hearing as per 4-17-1-1 exists which would warrant the establishment of triads drawn from the existing Student Court to adjudicate only cases under 4-2-2-8 jurisdiction. These triads will operate until the 4-17-1-1 requirements for a valid Student Court hearing are met.

Chapter 2: Traffic Court

4-1-2-1 There shall be one (1) Traffic Court except when, at the determination of the Student Court Coordinators and the President of the Student Government Association, a plethora of appeals exists which would warrant the establishment of triads drawn from the All-University Parking and Traffic Committee in order to expedite adjudication of the appeals. The Chairperson of the Parking and Traffic Committee will appoint the Triad.

Chapter 3: All University Court of Appeals

4-1-3-1 There shall be one (1) All-University Court of Appeals, except when, at the determination of the President of the University, in consultation with the Coordinators of the Student Court System, the President and Vice President of the Student Government Association and the Chief Justice of the All-University Court of Appeals, a situation exists on the campus warranting a change of systems to expedite the handling of a large number of cases. Under these circumstances, the All-University Court of Appeals shall be supplemented or replaced with a system of triads. Each Triad will be comprised of one student, one staff member, and one faculty member serving as the presiding officer.

Article 2: Jurisdiction

Chapter 1: Jurisdiction of the Student Traffic Court

4-2-1-1 The Student Traffic Court shall have jurisdiction over appellate cases involving decisions concerning student violations of University traffic regulations. A Triad, made up of three members of the All-University Parking and Traffic Committee, of which one member of the Triad must be a student, will be responsible for hearing appeals at those times when the Traffic Court is not operating. The Chairperson of the Parking and Traffic Committee will appoint the Triad.

Chapter 2: Jurisdiction of the Student Court

4-2-2-1 All cases involving the constitutionality under the SGA Constitution and the constitutions of registered campus organizations, the constitutions and by-laws of Residence Hall Association, Inter-Fraternity Council and Panhellenic Council. National fraternal constitutions are excluded from this jurisdiction.

4-2-2-2 All cases concerning the Student Government Association.

4-2-2-3 All cases of constitutionality of Student Senate legislation.

4-2-2-4 All cases involving election contests in elections open to substantially all of the members of the student body.

4-2-2-5 All cases involving impeachment trials of Student Government Association executive officials. A conviction requires a two-thirds vote of the Student Court of the members present.

4-2-2-6 All cases involving student organizations shall be handled as provided by the University Code of Student Conduct.

4-2-2-7 All contests of the activities of the Campus Elections Commission.

4-2-2-8 All cases of original jurisdiction concerning disciplinary situations when a student or student organization charged with a violation of University policy chooses to have his/her/its hearing with a student hearing group with the exception that if the student is not in good conduct standing, he must return to the body under which original disciplinary action was taken.

Chapter 3: Jurisdiction of the All-University Court of Appeals

4-2-3-1 Appellate cases of contested rights to exist of registered student organizations.

4-2-3-2 Any appellate cases involving disciplinary decisions made by the Administrative System.

4-2-3-3 All appellate cases involving disciplinary decisions made by the Student Court.

4-2-3-4 All reviews of interim suspension.

4-2-3-5 Unusual cases upon referral by the Student Court System.

4-2-3-6 All appellate cases involving constitutional decisions made by the Student Court.

Chapter 4: Triads

4-2-4-1 Triads of the All-University Court of Appeals shall have jurisdiction over the same areas as that of the full All-University Court of Appeals.

Chapter 5: Graduate Integrity Cases

4-2-5-1 All graduate integrity cases shall be handled by the Graduate Student Academic Integrity Council committee and will not fall under the jurisdiction of Student Court and All-University Court of Appeals by action of the Board of Trustees, December 1987.

Chapter 1: Complaints and Hearings

4-3-1-1 A complaint may be brought against a student by any member of the University community. In all cases, the complaint shall be brought before the appropriate official of the Administration. This official will communicate the charge to the student who may then choose between the Student Court and the Administrative Hearing for adjudication. Students only have the choice of Administrative Hearing or Student Court when the Student Court is functioning and Student Life has been notified by the Student Government Association that the hearing system is functioning. If the Student Court is not functioning the case will be heard in an Administrative Hearing.

4-3-1-2 A decision of the Student Court may be appealed by the accused or the Administration to the All-University Court of Appeals or Triad System, when functioning, provided that:

4-3-1-3 Decisions of the All-University Court of Appeals or of a Triad, if the Court is not functioning, may be appealed only to the President of the University, and/or a University official designated by the University President, or Board of Trustees to act in these matters.

4-3-1-4 A student subjected to interim suspension will automatically have his/her suspension reviewed by the All-University Court of Appeals (or Triad system if it is functioning) to determine if the action is appropriate. If a hearing is to be held, every attempt will be made to have that hearing within five (5) school days of the beginning of the suspension. A student will remain in the status of interim suspension until the Administration or the appellate group has revoked that suspension. A student subjected to suspension and later exonerated shall have the right to request that the Chief Justice of the All-University Court of Appeals notify all appropriate Vice Presidents of the action so that they can do everything in their power to see that the student is not unduly damaged by the interim suspension.

Article 4: Appointment of Justices to the Student Court

Chapter 1: Presidential Appointment and Senate Approval

4-4-1-1 The President of the Student Government Association, with approval of two-thirds of the Senators present of the Student Senate, shall appoint eight (8) justices and one (1) Chief Justice to constitute the Student Court.

4-4-1-2 All justices must be in good standing with the University at the time of their appointment and must maintain this status during their tenure on the Court.

4-4-1-3 The President of the Student Government Association must fill all vacancies on the Student Court within six weeks from the first day classes start or four weeks if a vacancy occurs after the semester has started and after he/she has been notified of the vacancy, excluding the week before final examinations, final examination week and time that the University is not in session, also intersession and first and second summer terms.

4-4-1-4 The President of the Student Government Association must conduct a search for these justices which affords a reasonable opportunity for the Court to reflect the composition of the student body.

4-4-1-5 Should the President of the Student Government Association fail to submit nominations to the Student Senate for vacant judicial positions by the end of the deadline as stated in 4-4-1-3, the authority to solicit applications and make judicial appointments may be assumed by the Senate.

Chapter 2: Retention of Membership

4-4-2-1 A duly appointed member of the Student Court shall retain office unless he/she is impeached and convicted, resigns, leaves Indiana State University, or fails to sign and honor a statement of intent about future Court commitments.

4-4-2-2 All Student Court justices must, when resigning from his/her position, submit a letter of resignation to the Student Court Coordinator and the Administrative Student Court Coordinator.

4-4-2-3 The resignation will become effective two weeks after the date the letter is received by the Student Court Coordinator and Administrative Student Court Coordinator, or the Dean of Student Life in the absence of the Administrative Student Court Coordinator.

4-4-2-4 The above stated letter of resignation may be waived if the President of the Student Government Association and the presiding justice concur.

Article 5: Traffic Court Justice Appointments

Chapter 1: Presidential Appointment and Senate Approval

4-5-1-1 The President of the Student Government Association shall appoint two (2) justices and one (1) Chief Justice to constitute the Student Traffic Court. These appointments shall not require Student Senate approval.

4-5-1-2 All justices must be in good standing with the University at the time of their appointment and must maintain this status during their tenure on the Court.

4-5-1-3 The President of the Student Government Association must fill all vacancies on the Student Traffic Court within six weeks from the first day classes start or four weeks if a vacancy occurs after the semester has started and after he/she has been notified of the vacancy, excluding the week before final examinations, final examination week and time that the University is not in session, also intersession and the first and second summer terms.

4-5-1-4 The President of the Student Government Association must conduct a search for these justices which affords a reasonable opportunity for the Court to reflect the composition of the student body in regard to race, gender, college residence, class standing and age.

4-5-1-5 Should the President of the Student Government Association fail to submit nominations to the Student Senate for vacant judicial positions by the end of the deadline as stated in 4-5-1-3, the authority to solicit applications and make judicial appointments may be assumed by the Student Senate.

4-5-1-6 A duly appointed member of the Student Traffic Court shall retain office for one calendar year unless he/she is impeached and convicted, resigns, leaves Indiana State University, or fails to sign and honor a statement of intent about future Court commitments.

4-5-1-7 All Student Traffic Court justices must, when resigning from his/her position, submit a letter of resignation to the Student Court Coordinator and the Administrative Student Court Coordinator.

4-5-1-8 The resignation will become effective two weeks after the date the letter is received by the Student Court Coordinator and Administrative Student Court Coordinator.

4-5-1-9 The above stated letter may be waived if the President of the Student Government Association and the resigning justice concur.

Chapter 1 Appointments by the President of the University

4-6-1-1 The Court will include faculty, students and administrative officials appointed by the President of the University, upon recommendation as listed below:

4-6-1-2 Faculty Membership: Faculty membership shall include one (1) faculty member each from the Academic Schools and Colleges of the University recommended by the Dean of that School or College. The three-year terms of these faculty members shall be staggered.

4-6-1-3 Student Membership: The six (6) student representatives, no more than three of whom shall be from any one class at the time of the appointment, shall be recommended for appointment by the President of the Student Government Association with the approval of two-thirds (2/3) of the Senators present and will retain office until they are removed, resign, or leave Indiana State University, or fail to sign and honor a statement of intent about future Court commitments. Those student representatives shall be in good standing with the University and maintain that standing during their tenure on the Court.

4-6-1-4 Administrative Membership: Six (6) Administrative officials, recommended by the Vice President of Student Affairs, shall be members of this Court. These officials should not have any responsibilities for handling of disciplinary situations in order to prevent conflicting roles. The three-year terms of these officials shall be staggered.

Article 7: Advisement of the Judiciary

Article 8: Triad System

Article 9: Determination of Qualifications

Article 10: Vacancies on the All-University Court of Appeals

4-10-1-1 Vacancies on the All-University Court of Appeals will be filled by the President of the University upon recommendation of the person(s) or group making the original recommendation.

Article 11: Meetings of the Student Court System

Chapter 1: Meetings of the Student Court

Article 12: Nomination of Chief Justice of the Student Court and Traffic Court

4-12-1-1 The Chief Justice of the Student Court and Traffic Court shall be nominated by the President of the Student Government Association. This nomination shall be confirmed by a two-thirds vote of the voting membership of the Student Senate. (See 4-4-1-1 & 4-5-1-1).

Article 13: Coordinators of the Student Court

Chapter 1 Appointment and Approval of the Student Court Coordinators

4-13-1-1 There shall be two (2) coordinators of the Student Court. One coordinator shall be a member of Student Life Staff appointed by the Dean of Student Life. The other coordinator shall be appointed by the President of the Student Government Association and approved by two-thirds of the members present of the Student Senate. This student shall be considered an officer of the Judicial Branch. She/He will retain the office until resignation or removal. She/He is subject to the same rules of impeachment as a court justice and she/he cannot take part in any of the Court's decision making. The Coordinators shall be responsible for training the Court Justices, the Court Clerks, and the Administrative members of the Courts, as well as monitoring the Judicial Branch.

4-13-1-2 There shall be one Court Clerk to assist the Student Court Coordinator. The Court Clerk shall be nominated by the Student Court Coordinator and must be approved by 2/3 vote of the members present of the Student Senate. The Court Clerk shall be subject to removal from office in the same fashion as Student Court Justices, and will hold office in the same fashion as Student Court Justices.

4-13-1-3 Only Student Court Justices may deliberate on any case to be decided by the Court. No other individuals may be present.

Article 14: Judicial Procedures

Chapter 1: Procedures of the Judicial Branch

4-14-1-1 All Student Courts shall adopt uniform procedures and all procedures shall be in accordance with Title 4 of the Student Government Code.

4-14-1-2 Student Court hearings involving disciplinary cases shall be open only to those directly involved in the hearing.

4-14-1-3 A student accused of violation of the University rules, regulations, or student laws whose case is heard in the Student Court or Traffic Court shall have the right to:

4-14-1-4 Any information gathered in violation of the Student Government Association Constitution or otherwise illegally obtained, will be inadmissible as any form of evidence in Student Court proceedings.

4-14-1-5 Strict confidentiality shall be observed in all Student Court hearings and proceedings which deal with disciplinary situations. The results of the specific proceedings may be released to the complainant(s) as provided in Article IV, Section 6 of the SGA Constitution, to those persons authorized by the defendant, or when the Administration deems such release to be in the interest of the total University community.

4-14-1-6 The Student Court and the Traffic Court shall write an opinion of each case heard, stating the basis for its decision in the case and taking extreme care to avoid reference to specific individuals and circumstances. The opinions will be filed as a public record and will be available to any member of the University community.

4-14-1-7 If the accused fails to appear for his/her scheduled hearing with the Student Court, further disciplinary action may follow. Unless the accused provides cause within 48 hours, in writing, to the Court Coordinator explaining his/her failure to appear, the case will be handled administratively.

4-14-1-8 A case must be scheduled, completed and returned to the office of Student Life within two weeks (ten school days) after the accused has declared his/her choice of hearing systems. Extensions may be made on an individual basis provided the accuser and defendant agree.

4-14-1-9 If the Student Court or the Traffic Court fails to reach quorum two (2) consecutive times, the cases will be sent to the appropriate administrative office for completion and the Court will be reviewed by the Student Court Coordinators, the Chief Justice of the Court involved, and the President of the Student Government Association, and be subject to closing or other appropriate action.

4-14-1-11 In all cases involving impeachment and/or the constitutionality of any organizations' Constitution over which the Student Court has jurisdiction, the Student Court must open the attendance of such hearings to the public and announce any decision and/or opinion of such cases to the public.

Article 15: Powers of the Judicial Branch

Chapter 1: Judicial Branch Powers Common to All Branches

4-15-1-1 All Student Courts shall have the power to subpoena witnesses. Students refusing to acknowledge a subpoena shall be deemed in contempt of court and charged under the appropriate University regulation.

4-15-1-2 All Student Courts, upon finding of perjury by a student in any hearing, shall be empowered to assign a reasonable penalty under the appropriate regulation.

4-15-1-3 All Student Courts shall be empowered to charge any individual who disrupts a hearing in any way with contempt of court under the appropriate regulation.

4-15-1-4 All Student Courts shall have the power to decide what measures they may take when recommending decisions within the framework of action, disciplinary or otherwise, which may be taken by the University.

Chapter 2: Student Court Powers

4-15-2-1 The Student Court shall have the power to recommend disciplinary action not to exceed suspension. This action may include responses which are appropriate to the individual under consideration.

Chapter 3: Traffic Court Powers

4-15-3-1 The Traffic Court shall have the power to grant appeals, deny appeals, suspend fines, and revoke vehicle permits in accordance with the University traffic regulations.

Chapter 4: Powers of the All-University Court of Appeals

4-15-4-1 The All-University Court of Appeals holds final decision making power, with the exception of the University President and/or Board of Trustees and/or a University official designated by the University President or Board of Trustees to act in these matters.

Article 16: Oath of Office

4-16-1-1 An oath of office shall be administered to all justices upon assuming their office. The oath of office will be administered as stated in _________________, by the President of the Student Senate.

Article 17: Quorum Requirements

Chapter 1: Judicial Branch Quorum Requirements

4-17-1-1 Student Court: To have a valid hearing a minimum of, a) five (5) justices, one of whom will act as Chief Justice, and b) the administrative non-voting advisor are required to be present.

4-17-1-2 Traffic Court: To have a valid hearing a minimum of, a) three (3) justices, one of whom will act as Chief Justice, and b) the administrative non-voting advisor are required to be present.

4-17-1-3 The All-University Court of Appeals: To have a valid hearing, a minimum of a) five (5) Justices, b) a Chief Justice, c) the Court Clerk, and d) the administrative non-voting advisor are required to be present.