Appalachian State University  

PREAMBLE  
 
WE, the students of Appalachian State University, affirm the intrinsic right of all students to fair and equal representation through Student Government. Thus the chief purposes of the STUDENT GOVERNMENT ASSOCIATION OF APPALACHIAN STATE UNIVERSITY shall be to communicate the concerns of students to the university administration and to promote the general welfare of the student body. The Student Government Association shall additionally- insure and protect the right of individual students and student organizations to openly voice their opinions, shall furthermore insure the integrity of the STUDENT BILL OF RIGHTS, herein cited in this constitution. To these ends, we the students do hereby ordain and establish this constitution of the Student Government Association of Appalachian State University.  
 
 
ARTICLE I - NAME AND MEMBERSHIP  
 
 
Section 1. The name of the organization shall be The Student Government Association of Appalachian State University, hereinafter referred to as "ASU-SGA."  
 
Section 2. Every undergraduate student registered at Appalachian State University shall be a member of this organization.  
 
 
ARTICLE II - AUTHORITY  
 
 
Section 1. The ASU-SGA shall be empowered to govern those individuals, groups, and organizations it represents.  
 
Section 2. Nothing in this Constitution shall preclude the right of the University, or other University groups or organizations, to organize representative bodies, establish committees, develop rules and or procedures, or make policies, provided that such actions pertain solely to matters entirely within the preview of said agencies, bodies, or committees. Such actions that conflict with the policies of, or actions taken by, The ASU-SGA, or that enter the sphere of jurisdiction or authority of said Association, as outlined in Article II, Section 1 of this Constitution, shall be subject to review by the Student Senate.  
 
ARTICLE III - THE ESTABLISHMENT OF GOVERNING POWERS AND THE SEPARATION OF SAID POWERS  
 
 
Section 1.The Student Body of ASU shall be governed by two distinct branches: The Executive and The Legislative.  
 
Section 2. No one shall hold office in more than one branch of the ASU-SGA at the same time.  
 
 
ARTICLE IV-THE EXECUTIVE BRANCH  
 
 
Section 1. The Executive Branch shall consist of the President and his/her appointees considered necessary to properly carry out the duties of the Presidency including, but not limited to, a Treasurer, a Secretary, and a Chief of Staff.  
 
Section 2. The President  
 
A. The President shall be of at least Junior standing, as of the date he or she is inaugurated or assumes office, and shall have attended Appalachian State the previous Fall and Spring semesters prior to the first day of classes the Fall semester following the inauguration of the candidate in question.  
B. Candidates for the office of President must have a cumulative GPA as of the date the candidate in question files for election to said office of 2.25 in order to qualify to run for President of the ASU-SGA, and must maintain a current GPA of 2.25 throughout his/her term.  
 
The President shall have the power and duty to:  
1. Sign legislation or, if he or she so chooses, veto such legislation, provided that he/she exercises such power within ten/(10) school days after its passage. If the President does not exercise his or her power to veto such legislation within the previously mentioned period of time, the legislation shall automatically- take effect without his or her signature or consent.  
2. Forward all legislation to the appropriate administrator.  
3. Make any recommendations to the Student Senate that he/she may deem necessary.  
4. Represent the Student Body of ASU in all dealings with the faculty, staff, or administration.  
5. Appoint the officers of the Executive Branch referred to in Article IV, Sec.1, which he/she considers necessary to properly carry out the duties of his or her office, with the advice and consent of the Student Senate.  
6. Dismiss for sufficient reasons any executive appointees from office.  
7. Give a "State of Affairs" address to the Student Senate once each semester.  
8. Call for sessions of the Student Senate when he/she deems necessary.  
9. Present a progress report to the Student Senate on each piece of legislation enacted by the said body within three/(3) regular Senate meetings of the date the particular piece of legislation is passed.  
10. Serve as a member of the Appalachian State Board of Trustees, pursuant to North Carolina General Statute 116-31.  
11. Appoint students to University Committees.  
12. Have the option to pursue successive or additional terms if eligible by the standards established in Article IV, Section 2, sub-section B.  
13. Take the following oath of affirmation before assuming the office of President to be administered by the Chancellor of the University:  
 
"I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the Student Government Association of Appalachian State University and will, to the best of my ability, preserve, protect, and defend the constitution of the Student Government Association of Appalachian State University."  
 
C. In the event the office of the President is vacated for any reason - through removal, resignation, declaration of academic ineligibility or death - the Vice President shall be sworn in immediately and assume the duties of that office.  
 
D. Section 3. The Treasurer  
 
A. The Treasurer shall be appointed by the President of the ASU-SGA for a term of one year, with the approval of the Student Senate. The Treasurer shall be of at least Sophomore standing and must maintain a 2.0 grade point average.  
B. The Treasurer shall have the power and duty to:  
1. Receive and disburse all Student Government funds, maintain control over such funds and insure that no ASU-SGA accounts are overdrawn. The Treasurer shall additionally have the responsibility of assuring that no ASU-SGA funds are misappropriated or otherwise misused.  
2. Maintain permanent records of all financial transactions of ASU-SGA.  
3. Keep all records and files in working order so that they may be presented for audit upon request by authorized individuals.  
4. Act as Co-Chairperson of the Student Development Budget Council.  
5. Be responsible to the Student Senate for all financial transactions, and additionally be required to report to the Senate at least once per semester and at any other time when requested by presiding officer of the Senate.  
 
Section 4. The Secretary and Assistant Secretary  
 
A. The Secretary shall be appointed by the President and Vice President of the ASU-SGA for a term of one year, with the approval of the Student Senate.  
B. The Secretary shall have the power and duty to:  
1. Keep complete and accurate notes and minutes of all Senate meetings and arrange a permanent compilation of all said materials.  
2. Maintain official records of the Constitution, all ASU-SGA by-laws, and other rules or regulations pertaining to said association.  
3. Keep accurate records of Senate attendance and report all violations of the Senate attendance policy to the Vice President.  
4. Be responsible for carrying out all clerical duties deemed necessary by President or Vice President.  
5. Be an ex-officio member of Senate.  
C. The Assistant Secretary shall be appointed by the President and Vice President of the ASU-SGA for the term of one year, with the approval of Student Senate.  
D. The Assistant Secretary shall have the power and duty to:  
1. Assist the Secretary in completion of all duties of the duties of the office of Secretary.  
2. Shall assume the duties of the Secretary in the event the office of secretary is vacated, until the President and Vice President shall appoint a new secretary.  
 
ARTICLE V - THE LEGISLATIVE BRANCH  
 
Section 1. The Legislative Branch shall consist of the Vice-President and his or her legislative appointees to the chairmanships of the standing Student Senate Committees, and the Student Senate.  
 
Section 2. All legislative power of the ASU-SGA shall be vested in the Student Senate.  
 
Section 3. The Vice-President  
 
A. The Vice-President shall be of at least Junior standing as of the date he or she is inaugurated or assumes office and shall have attended ASU the previous Fall and Spring semesters prior to the first day of classes the Fall semester following the inauguration of the candidate in question.  
B. Candidates for the office of Vice President must have a cumulative grade point average, as of the date the candidate in question files for election to said office, of 2.25 in order to qualify to run for the vice presidency of the ASU-SGA.  
C. The Vice-President shall have the power and duty to:  
1. Serve as the President and Chairperson of the Student Senate.  
a. The-Vice President shall be a nonvoting member of the Student Senate. However, the Vice President will retain the right to vote on motions presented on the floor of the Student Senate only in the event of a tie vote. In such a case his or her vote will be decisive.  
b. The Vice President will retain the right to debate pending motions providing he/she turns the chairmanship of the Senate over to the Chairperson Pro-Tempore.  
2. Call meetings of the Student Senate.  
3. Assume temporarily the duties of President in the event of his or her absence.  
4. Forward all legislation to the President within three/(3) school days after its passage.  
5. Appoint all chairpersons to the standing Student Senate Committees, with the approval of the Student Senate.  
6. Appoint a Chairperson Pro-Tempore of the Student Senate, a Parliamentarian, a Sergeant at Arms, and any other Legislative officers deemed necessary with the advice and consent of Student Senate within twenty (20) days of the first Senate meeting.  
7. Assign and remove Senators to and from the standing Student Senate Committees as necessary.  
8. Set up and appoint Senators to any special legislative committees deemed necessary.  
9. Shall have the option to pursue and serve additional terms if eligible by the standards established in Article V. Section 3, sub-section B.  
10. Take The following oath of affirmation before assuming The office of the Vice President to be administered by The Chancellor of the University:  
 
"I do solemnly swear (or affirm) that I will faithfully execute the office of Vice President of the Student Government Association of Appalachian State University and will, to the best of my ability, preserve, protect, and defend the Constitution of the Student Government Association of Appalachian State University."  
 
D. In the event the office of the Vice-President is vacated for any reason through removal, resignation, declaration of academic ineligibility, or death - the Chairperson Pro-Tempore will assume the duties of the Vice-President immediately and will remain acting Vice-President until the President of the Student Government Association appoints a Vice-President that has been confirmed by the Student Senate by a two-thirds (23) majority vote of those Senators present.  
 
Section 4. The Student Senate  
 
A. The Student Senate shall be composed of two senators elected from each of the University's housing facilities. There shall be in addition to the on-campus senators, 39 senators elected from the off-campus constituency in an at-large election.  
B. The Student Senate shall have the power to draft its own constitutionally acceptable bylaws,with the approval of a two-thirds/(2/3) majority vote of the members present, in order to govern Senate procedure(s) and insure the orderly conduct of business.  
C. There shall be four standing committees,the Student Affairs Committee, the Academic Affairs Committee, the External Affairs Committee,and the Senate Rules Committee. Each of these committees shall be empowered to draft constitutionally acceptable committee bylaws, with the approval of the general assembly of the Student Senate.  
D. The Student Senate shall have the power and the duty to:  
1. Ratify (approve) by a two-thirds - hereinafter indicated as 2/3 majority vote of those members present - all appointments by the President or Vice President of the ASU-SGA.  
2. Override a presidential veto with a 2/3 majority vote of those Senators present.  
3. Take final action. prior to the proposed budget being sent to the Student Budget Council. in approving the proposed budget of the ASU-SGA by a 2/3 majority vote of those members present.  
4. Recommend and pass legislation deemed necessary and proper to carry on business and promote the general welfare of the Student Body.  
5. Review the appointments of students to University Committees and require reports from said students upon request.  
6. Require reports from any members of the Executive Branch on request.  
7. Initiate the Impeachment Process and appoint members to a Judiciary Committee to investigate the reasons for an adoption of a motion of censure (Refer to Article VII):  
a. The Senate shall have the sole power of impeachment, but 3/4 of the Senators present at the Senate session in which the motion of impeachment is presented must concur therein.  
E. Senate Vacancies  
1. On-Campus Vacancies  
a. When a vacancy occurs in an on-campus Senate seat, the presiding officer of the Student Senate shall advertise the fact to the residence hall in question. A qualified resident of that residence hall shall then have five/(5) school days to present a petition containing one hundred/(100) signatures and the corresponding student identification numbers of official residents of the particular residence hall to the Vice-President of the ASU-SGA. If no other petitions are received, the presenter shall fill the vacancy.  
b. If after five/(5) school days no one has presented a petition, any qualified full-time undergraduate student may submit a petition for the vacant seat, provided that the candidate's petition meets the specifications outlined in Article V, Section 4, Paragraph E, sub-paragraph 1, subsection a, of this Constitution, with the exception of the residence requirement.  
c. If in the case of the two previous subsections, more than one petition is presented, an election will be held subject to the electoral procedures and regulations outlined in Article VIII of this Constitution.  
2. Off-Campus Vacancies  
a. When a vacancy occurs in an Off-Campus Senate seat, the presiding officer of the Student Senate shall advertise the fact. A qualified off-campus student shall then have five/(5) school days to present a petition containing one hundred/(100) signatures and the corresponding student identification numbers of bona fide off-campus students to the Vice-President of the ASU-SGA. If no other petitions are presented for that particular seat. The candidate in question will fill the vacant seat.  
b. If after five/(5) school days no one has presented a petition, any qualified undergraduate student, both on-campus as well as off, may submit a petition for the vacant seat, pending the approval of the Student Senate and providcd that the candidate's petition meets the specifications outlined in Article V, Section 4, Paragraph E, sub-paragraph 2, subsection A, of this Constitution, with the exception of the residence requirement.  
c. If in the case of the previous two subparagraphs. more than one petition is presented for the vacant seat in question. an election shall be held. subject to the electoral procedures and regulations outlined in Article VIII of this Constitution.  
 
Section 5. Legislative Appointees  
 
A. All chairpersons and assistant chairpersons of standing committees of the Student Senate will be required to attend all meetings of the Student Senate as ex-officio members.  
B. All Legislative appointees shall answer directly to the Vice President of the ASU-SGA.  
C. All Legislative appointees must maintain a 2.0 cumulative grade point average to hold office in the Legislative Cabinet.  
 
Section 6. The Parliament authority shall be Robert's Rules of Order Newly Revised Edition and any other Parliamentary authority specified in the Student Senate Bylaws that may aid the Student Senate.  
 
 
ARTICLE Vl - STUDENT BILL OF RIGHTS  
(SEE BILL OF RIGHTS)  
 
ARTICLE Vll - THE IMPEACHMENT AND CENSURE PROCESS  
(REFER TO BYLAWS)  
 
 
 
 
Section 1. The Student Senate shall have the power to consider motions of impeachment or censure of any ASU-SGA officer, elected or appointed officials.  
 
Section 2. A Resolution of censure or impeachment must be approved by a 3/4 of the Senators present at the Senate Session at which the motion of impeachment is voted upon.  
 
Section 3. Grounds for impeachment or censure of any person include but are not limited to violations of Judical Code, failure to execute responsibilities,unethical conduct, malfeseance in office, etc.  
 
Section 4. Upon introduction of a motion for impeachment or censure, said legislation will be reviewed by the Rules Committee to investigate the complaint; hearing evidence by all parties and make a determination, as to the validity of the complaint. The Rules Committee's recommendation will then be sent to the full Senate.  
 
Section 5. No motion for impeachment or censure may be voted upon at the Senate meeting during which it is introduced and without review of the Rules Committee and not less than seven/(7) days after it is introduced.  
 
 
ARTICLE Vlll - ELECTORAL PROCEDURES,  
CLASSIFICATION OF OFFICERS,  
AND QUALIFICATIONS FOR, AND TERMS OF OFFICE  
 
Section 1. The Student Senate shall have the power to establish constitutionally acceptable bylaws that further pertain to electoral rules, regulations and procedures not herein outlined in this Constitution.  
 
Section 2. Electoral Procedures  
 
A. Presidential and Vice Presidential Elections  
1. The Presidential and the Vice Presidential candidates shall run together as one/(1) ticket and shall be elected at large from the Student Body.  
2. For winners to be declared in a Presidential/Vice Presidential election, a ticket must receive fifty percent plus one (50% + 1) of the total vote counted. In the case that no one ticket can obtain the required number of votes, a run-off election between the two top finishing tickets in the General Election must be held within ten/(10) school days after the General Election. The ticket that receives the highest number of votes in the run-off election will be declared the winner.  
 
B. Senatorial Elections and Representation  
1. The Vice President shall have the duty to call for senatorial elections within twenty/(20) days of the first day of classes for the Fall semester.  
2. On-Campus Senators will be elected directly by the constituents of their respective residence halls, and Off-Campus Senators will be elected at large by the constituents which they represent. In the case of both on- and off-campus representation. senators will be elected from their respective constituencies in proportion to the Senator/Student ratio outlined in Article V, Section 4, Paragraph A of this Constitution.  
3. Determination of electoral victory for Senator shall be outlined in ASU-SGA elections bylaws.  
4. A person running for a Senate seat in a General Election must receive a minimum of twenty-five/(25) votes before he/she can be declared an elected Senator.  
 
Section 3. Classification of Officers  
 
A. For the purpose of this Constitution, officers shall be classified as Freshmen, Sophomores, Juniors and Seniors if the officers in question have such an academic status the Fall and Spring semesters of their tenure in office.  
B. Individuals claiming a particular academic status in order to qualify for a certain ASU-SGA position shall be required to certify that thcy will have such an academic status during both the Fall and Spring semesters of their proposed term in office.  
 
Section 4. Qualifications for, and Terms of Office  
 
A. No student who is on academic probation or who is not a full-timc undergraduate studcnt shall be allowed to run for or hold an office in the ASU-SGA. All existing ASU-SGA officials, whether elected or appointed, who are placed on academic probation shall forthwith forfeit their ASU-SGA positions.  
B. Undergraduate students who plan to graduate before the completion of a potential term in office shall be barred from running for or holding the Presidential or Vice Presidential offices.  
C. All ASU-SGA Officers shall assume their duties on reading day of Spring Semester preceeding their term and shall serve a term of one year.  
D. Unless otherwise stated. all ASU-SGA officials shall have until the first day of classes of the Fall Semester to meet all the academic requirements of their respective offices.  
 
 
ARTICLE IX - INITIATIVE AND REFERENDUM  
 
Section 1.Initiative  
 
A. The Student Body reserves the power by means of petition to propose legislation and amendments to this constitution. The Student Body additionally retains the right to petition the ASU-SGA to submit for the Student Body's approval on any or all existing pieces of legislation. All petitions shall consist of the names and corresponding student identification numbers of ten percent/(10%) of the full-time, undergraduate students enrolled at Appalachian State University.  
B. Upon verification that a petition proposing legislation has met all the specifications outlined in Article X, Section 1, Paragraph A of this constitution, the proposed legislation shall be delivered forthwith to the Office of the Chairperson of the Student Senate Rules Committee for documentation and subsequent screening by the aforementioned committee. The general assembly of the Student Senate shall then have the power to act on such legislation in the manner it deems appropriate, as outlined in Article V, Section 4, Paragraph D of this constitution.  
 
Section 2. Referendum  
 
A. Upon verification of a petition asking for the remand of an existing piece of ASU-SGA legislation before the Student Body in the form of a referendum - as outlined in Article IX., Section I , of this Constitution - a referendum shall forthwith be scheduled no less than twenty-one /(21) days after the receipt of the petition.  
B. Upon the verification that a petition proposing amendments to the Constitution has met all the specifications outlined in Article X, Section 1 of this Constitution. a referendum shall be scheduled no less than twenty-one /(21 ) days after the receipt of the petition so that the proposals may be voted on by the entire undergraduate Student Body.  
C. The Student Senate, through appropriate legislation approved by a 2/3 majority of those Senators present, shall have the power to call for a referendum on any proposal. Any such referendum shall be held no less than twenty-one /(21 ) days from the date on w hich the Student Senate sanctioned the referendum.  
 
ARTICLE X - CONSTITUTIONAL AMENDMENT PROCEDURES  
 
Section 1. Initiative  
 
A. The specifications for Student Body initiated proposals to amend the Constitution are as outlined in Article X,. Section 2, of this Constitution.  
B. Amendments to the Constitution that are proposed in the Student Senate shall be screened in the Senate Rules Committee and approved for the referendum process as outlined in Article X, Section 2, of this constitution - by the general assembly of the Student Senate by a 2/3 majority vote of those Senators present.  
 
Section 2. An amendment shall become effective upon the:  
 
A. Ratification by a simple majority of fifty percent plus one (50% plus I ) of those students.  
B. Approval by the Board of Trustees, or by the Chancellor acting on behalf of the Board of Trustees.  
 
 
ARTICLE Xl - CONSTITUTIONAL VALIDATION  
 
Section 1. This Constitution shall go into effect upon ratification of the student body, provided that it has met the requirements for amendment outlined in Article IX, Section 2 of this Constitution and Article X, Sections 1 and 2.  
 
Section 2. Be it resolved that all previous Constitutions of the ASU-SGA are hereby declared null and void.