The Current Student Government Constitution

Current Student Government Constitution

Article I The Legislative Branch

Section 1 Title

The organization shall be named the Simpson College Student Senate.

Section 2 Power Defined

All legislative power of the student body shall be vested in the Simpson College Student Senate. The student body shall consist of all currently enrolled students at Simpson College.

A. The power and scope of the Simpson College Student Senate shall be limited to The Simpson College Student Government Constitution and The Simpson College Student Government By-Laws. Section 3 Membership

The Simpson College Student Senate shall be made up of representatives and recognized organizations defined by The Simpson College Student Government Constitution and The Simpson College Student Government By-Laws.

A. There shall be one representative from each social fraternity and sorority. Each housing unit shall have one representative per fifty (50) students (150 = 3 representative) resident in that unit. Housing units’ populations shall be rounded to the next highest fifty (50) (101 = 150 = 3 representatives). This proportionment shall be determined before the regular Student Government elections, or upon request of a senator.

B. For students living off campus, representatives shall be one representative for full-time off campus students, and on representative for part-time off campus students.

C. The student publications: Sequel, The Simpsonian, K.S.T.M, and Zenith shall be recognized student organizations on the Simpson College Senate to insure free press through representation of student publications.

D. The student organization, Concerned Minority Student (CMS), shall have a seat on the Simpson College Student Senate to insure a voice for the minority students of Simpson College.

E. Any student may be a candidate for the Simpson College Student Senate, but only for the seat which represents his/her housing unit or organization. All students who are affiliated with any organized housing unit shall vote with that unit or organization.

F. A group may only elect a representative at a meeting at which a majority of their constituents are present.

G. Senators shall take office at the beginning of the term they are elected for.

H. The term of the senator is left to the housing unit, however, the minimum term of a senator shall be defined as a semester.

I. Each senator shall have one vote in the Simpson College Student Senate.

J. Whenever a vacancy in the Simpson College Student Senate shall occur, the group whose seat is vacant shall elect a person to fill the vacant seat until the term for that seat is complete.

K. Each senator must be certified in writing from his/her housing unit president, or equivalent thereof, that he/she is the official Senator from that housing unit.

L. All Senators shall be sworn into office with the following oath:

I do solemnly affirm that I will faithfully execute the office for which I was elected by my housing unit, fraternity, sorority, or organization and will to the best of my ability preserve, protect, and defend the constitution of the Student Government of Simpson College, and, to the best of my ability, represent my constituents.

Section 4 Simpson College Student Senate Responsibilities

Simpson College Student Senate shall have specific responsibilities derived from its power of legislation.

A. The Simpson College Student Senate shall have the authority to formulate a budget for the operate of the Student Government with the understanding that ultimate fiscal responsibility lies with Simpson College. The Simpson College Administration shall have the power to refuse a deficit budget but will not have the power to determine how Simpson College Student Senate Government funds are distributed.

B. The Simpson College Student Senate shall have the authority to authorize payment of debts of the Student Government, subject to audit under the regular college procedures as defined by the regulations of the National Associate of College and University Business Offices (NACUBO).

C. The Simpson College Student Senate shall have the authority to support and regulate extra curricular activities, with the guarantee of free assembly, except those activities directly administered by an academic or administrative department of the college.

D. The Simpson College Student Senate shall have the authority to make rules for the regulation of student conduct, subject to review and approval by the Dean of Students acting for the administration.

E. The Simpson College Student Senate shall have the authority to make rules and regulations respecting the property of the Simpson College Student Senate.

F. The Simpson College Student Senate shall have the authority to enact all legislation which shall be necessary and proper for carrying into execution the foregoing responsibilities and all other responsibilities vested by The Simpson College Student Government Constitution in the Student Government or any department or officer thereof.

G. The Simpson College Student Senate shall have the authority to provide funds for the publication of Sequel, The Simpsonian, K.S.T.M., and Zenith, with the guarantee of free press.

H. The Simpson College Student Senate shall have the authority to establish Student Government Committees and to determine the scope and membership of these committees.

I. The Simpson College Student Senate shall have the authority to provide, by resolution of 2/3 of the Simpson College Student Senate, for the selection of additional officers of the Student Government for whose selection The Simpson College Student Government Constitution does not provide.

J. All legislation that has passed the Simpson College Student Senate shall, before it becomes effective, be presented to President of the Student Government for consideration of a veto. If a majority of the Simpson College Student Senate shall agree to pass the legislation, after a veto, it shall become effective. If any legislation is not returned by the President within sever (7) calendar days after it is passed, the legislation shall become effective.

K. All legislation of the Simpson College Student Senate shall be binding on the executive branch, the Student Body, and all the bodies therein.

L. The Simpson College Student Senate shall recognize that residence hall government shall have the power to establish and enforce rules and regulations for their respective residence halls, insofar as these do not conflict with the Simpson Code and are approved by the Dean of Students.

M. Simpson College Student Senate shall have the power of impeachment over senators and other officers of the Student Government and trial of all impeachments. If the President of the Student Government or the President of the Simpson College Student Senate is tried, the Chairperson of the Campus Judiciary Council shall preside; no person shall be convited without the concurrence of two-thirds (2/3) of the Simpson College Student Senate.

N. Each senator is responsible for the presentation of the written certification by his/her housing unit President or equivalent thereof, that he/she si the official senator from that housing unit or organization.

O. The person responsible for the writing and distribution of the Simpson College Student Senate minutes and the accounting of the Simpson College Student Senate funds will be the Student Body Manager. The selection and additional responsibilities of the Student Body Manager will be outlined in The Simpson College Student Government By-Laws.

Section 5 Officers of the Student Simpson College Student Senate and their duties.

A. The Vice-President of the Student Government shall be the President of the Simpson College Student Senate.

B. The President Pro-Tempore/Parliamentarian of the Simpson College Student Senate shall be chosen from the membership of the Simpson College Student Senate. He/she shall fulfill the duties of Simpson College Student Senate Parliamentaria and act in the absence of the President of the Simpson College Student Senate, according to Article 2, Section 2, paragraph C, and relevant by-laws. The President Pro-Tempre/Parliamentarian shall also chair the meetings of the Officers of the Student Senate.

C. The Simpson College Student Senate shall choose its other officers from its membership, and its advisors from the full-time faculty and administrations, as it deems necessary.

D. The Committee Chairpersons shall be considered officers of the Simpson College Student Senate. Their selection shall be determined by the session of Simpson College Student Senate that they represent.

E. The officers for the Simpson College Student Senate will meet regularly to help foster communication concerning the welfare and functioning of the Simpson College Student Senate.

Section 6 Meetings and Conduct of Meetings

The Simpson College Student Government shall have regular meetings defined by The Simpson College Student Government Constitution and by-laws.

A. The Simpson College Student Senate shall meet every Wednesday at 7:00 p.m. throughout the academic year, unless the Simpson College Student Senate shall appoint a different time for their sessions.

B. All meetings of the Simpson College Student Senate may be attended by any member of the Simpson College Community. If a visitor in attendance wishes to speak, a senator may yield the floor to them. Under no circumstances will a visitor be allowed to vote.

C. Lack of meeting attendance and tardiness should not be accepted by the Simpson College Student Senate, and disciplinary procedures will be outlined in The Simpson College Student Senate Government By-laws.

Article II The Executive Branch

Section 1 President of the Student Government

The Student Body shall have the office of President to regulate the duties and responsibilities of Student Government, and fulfill the duties defined by The Simpson College Student Government Constitution.

A. The executive power of the Student Body of Simpson College shall be vested in the President of the Student Government.

B. No person shall hold the office of President of the Student Government unless he/she is a full-time student, has completed one semester of study, exclusive of summer school, and is in good standing all at Simpson College. He/she must have attained membership in the Sophomore class.

C. The President may require the opinion in writing of the principal officers of the Student Government, upon any subject relating to the duties of their respective offices.

D. The President shall give to the Simpson College Student Senate, from time to time, information on the state of the Student Government and recommend for its consideration such measures as he/she shall judge necessary and expedient; he/she shall take care that the resolutions and legislation of the Simpson College Student Senate are faithfully executed.

E. The President shall appoint students, as necessary, with the approval of the Simpson College Student Senate, to the appropriate faculty committees.

F. All legislation which shall have passed the Simpson College Student Senate shall, before it becomes effective, be presented to the President of the Student Government; if he/she approves, he/she shall sign it, but if not, he/she shall return it, with his/her objections, to the Simpson College Student Senate, who shall then proceed to reconsider it. If after such reconsideration, a majority of the Simpson College Student Senate shall agree to pass the legislation, it shall become effective. If any legislation shall not be returned by the President within seven (7) calendar days after it is passed, the legislation shall become effective, in like manner as if he/she had signed it.

G. In the case of removal of the President, or his/her inability to discharge the duties and powers of said office, the same shall devolve on the Vice-President of the Student Government.

Section 2 Vice-President of the Student Government

The Student Body will have an office of Vice-President to act in the place of the Simpson College Student Body President and to fulfill the duties defined by The Simpson College Student Government Constitution.

A. The Vice-President of the Student Government shall be President of the Simpson College Student Senate.

B. No person shall hold the office of Vice-President of the Student Government unless he/she is a full-time student; has completed one semester of study, exclusive of summer school, and is in good standing all at Simpson College. He/she must have attained membership in the sophomore class.

C. In the case of the removal of the Vice-President of the Student Government, or his/her inability to discharge the duties and powers of said office, the same shall devolve on the President Pro-Tempore of the Simpson College Student Senate.

Section 3 College Activities Board President

The Student Body shall have an office of President for the College Activities Board to regulate campus activities, excluding religious, as defined by The Simpson College Student Government Constitution.

A. No person shall hold the office of College Activities Board President of the Student Government unless he/she is a full-time student; has completed on semester of study, exclusive of summer school, and is in good standing all at Simpson College. He/she must have attained membership in the sophomore class.

Section 4 Religious Life Council Chairperson

The Student Body shall have an office of Religious Life Council Chair to regulate religious activities, excluding those governed by the College Activities Board, as defined by The Simpson College Student Government Constitution.

A. No person shall hold the office of Religious Life Council Chairperson of the Student Government unless he/she is a full-time student; has completed one semester of study, exclusive of summer school, and is in good standing all at Simpson College. He/she must have attained membership in the sophomore class.

Section 5 Class President

Each class shall have a president to represent them in the Simpson College Student Senate and to attend to the affairs of the class.

A. No person shall hold the office of Class President of the Student Government unless he/she is a full-time student. He/she must have attained membership in the class they are attempting to represent.

B. The Class Presidents shall be elected only by the members of the class they represent.

C. The duties of Class Presidents shall be outlined by The Simpson College Student Government By-Laws. Additional duties may be determined by the session of the Simpson College Student Senate or by the Simpson College Student Government Cabinet that they concurrently serve with.

Section 6 Other officers of the Executive Branch

A. No person shall hold an office of Student Government unless he/she is a full-time student; has completed one semester of study, exclusive of summer school, and is in good standing all at Simpson College. He/she must have attained membership in the sophomore class.

B. Other officers will be defined in The Simpson College Student Government By-laws.

Section 7 The Simpson College Student Government Cabinet

The offices for the student body in the Executive Branch shall meet and call themselves Simpson College Student Government Cabinet to foster regular communication between the offices.

A. The Simpson College Student Government Cabinet shall consist of all positions elected by the Student Body, and other officers designated by The Simpson College Student Government Constitution or The Simpson College Student Government By-laws.

Section 8 Installation of Student Government Officers

Officers of the Student Government shall be sworn in, according to The Simpson College Student Government Constitution.

A. The President, Vice-President of the Student Government, College Activities Board President, and Religious Life Council Chairperson shall be installed at the beginning of the session for which they were elected.

B. The President of the Student Body will be sworn into office with the following oath:

I do solemnly affirm that I will faithfully execute the office of President of the Student Body of Simpson College, and will to the best of my ability preserve, protect, and defend the constitution of the Student Government of Simpson College, and, to the best of my ability, represent the students of Simpson College.

C. The Vice-President of the Student Government, College Activities Board President, Religious Life Council Chairperson, and the Class Presidents shall be sworn in by this oath:

I do solemnly affirm that I will faithfully execute the office for which I was elected, and will to the best of my ability preserve, protect, ad defend the constitution of the Student Government of Simpson College, and, to the best of my ability, represent the students of Simpson College.

Section 9 Student Government Manager

The Simpson College Student Government Cabinet of the Student Government shall have a Student Body Manager to help attend to the workings of the Simpson College Student Government.

A. The Student Government Manager of the Student Government shall prepare and make available to the members of the Simpson College Student Senate and the officers of the Student Government, a copy of the current legislation and the minutes of each meeting. The Journal of Simpson College Student Senate Law shall be maintained by the Student Government Manager.

Section 10 Financial Powers

The Simpson College Student Government Cabinet shall sit as the financial committee of the Simpson College Student Senate and have the powers thereof.

A. The Simpson College Student Government Cabinet shall have the power to administer all Student Government funds. The Simpson College Student Government Cabinet’s power to administer shall be subject to appropriation by the Simpson College Student Senate.

B. All Student Government funds shall be subject to audit under regular college procedures and NACUBO.

C. The financial committee of the Simpson College Student Senate’s powers and duties shall be assumed by the Simpson College Student Government Cabinet, unless that session’s cabinet devolve that power onto a committee comprised of that session’s senators.

Section 11 Impeachment

Members of the Executive Branch may be removed from office by impeachment.

A. The President, Vice-President of the Student Government, or any officers of the Student Government shall be removed from office on impeachment and conviction by 2/3 vote of the Simpson College Student Senate for official misconduct or violation of the Simpson College Student Government Constitution.

Judicial Branch

Article III

Section 1 General Powers and Responsibilities

A. Except for those special hearing boards established by the President of the Colege, the judicial power of the student body shall be delegated to the Student Judicial Council and housing unit judiciaries.

B. All hearing groups will organize their procedures so as to guarantee a fir and just hearing. Students and administrators are not trained to be judges, trial lawyers, or defense attorneys. Many occupy dual roles on campus which may produce apparent conflicts while serving in a judicial capacity. Judicial bodies therefore use the techniques and tools employed by hearing or mediation boards or in arbitration panels rather than attempting to simulate adversary courts of law.

C. The Student Judicial Council functions with the understanding that the President of the College has prior jurisdiction and final responsibility to the Board of Trustees for campus order and discipline.

D. The Student Judicial Council hears those cases referred to it by the appropriate authorities. These cases may be original jurisdiction hearings or appeals of cases heard by housing units when it is deemed desirable for the incident to be heard by the Student Judicial Council.

E. The Student Judicial Council has the authority to review any incident which may have been heard by a housing unit. A student or organization may appeal housing unit decisions to the Student Judicial Council.

F. Upon request of the Dean of Students, the President of the Simpson College Student Government, or the Simpson College Student Senate, the Student Judicial Council has the authority to review and interpret the meaning and application of the Simpson College Student Government Constitution.

Section 2 Composition and Selection

A. The Student Judicial Council is comprised of nine (9) students of at least sophomore standing. These nine must be students in good standing, i.e., not on academic or disciplinary probation. A full-time Student Development Office staff member acts as a non-voting advisor to the group and as the representative of the Student Development Office.

B. The President of the Simpson College Student Government appoints a Student Judicial Council Nominating Committee who nominates the students for the Student Judicial Council. The Simpson College Student Senate confirms the nominations of the committee. Members must agree to serve prior to their confirmation and will serve for the full academic year.

C. The Dean of Students will designate the Student Development Office staff member to serve as advisor.

D. The Student Judicial Council selects one of its student members to serve as chairperson. The Chairperson facilitates the hearings, meets regularly with the council advisor, reviews incident reports and other applicable documentation with the advisor prior to hearings, and ensures that an accurate and detailed written account is kept for each incident reviewed.

E. If the chairperson is unable to attend a hearing or has a personal interest in the case, a temporary chairperson will be elected by a majority vote of the members of the council who are hearing the particular case.

F. Vacancies in the Student Judicial Council are filled by the same procedures as described above.

G. Each case is heard by at least five (5) members of the Student Judicial Council.

H. A member of the council must declare any personal interest or involvement in a case. The council members hearing the case determine if he/she is to be disqualified from serving for the specific hearing.

Section 3 Initiating Cases

A. Any housing unit judiciary, college employee, or student may refer an incident to the Student Judicial Council. Typically, such cases involve a reported violation of the Simpson Code of other college regulation.

B. When an incident is referred to the Student Judicial Council, the council may:

1. Advise dismissal of the complaint (on appeals only).

2. Conduct a hearing according to the procedures outlined in Section 5.

3. Refer incident to the Dean of Students with recommendations for action.

Section 4 Student Rights

A. In incidents to be heard by the Student Judicial Council, the student or organization reported in violation will:

1. Receive a timely hearing.

2. Receive written notification of the exact nature of the reported violation(s) and the time, date, and location of the hearing.

3. Have a minimum of 48 hours notice prior to the hearing, unless otherwise agreed to.

4. Be allowed to know the identity of the complainant.

5. Have the opportunity to view any written documentation being used in the hearing.

6. Be allowed to submit any additional documentation prepared that is relevant to the incident.

7. Have the opportunity to question adverse documentation presented during the hearing.

8. Present his/her/their own case.

9. Be allowed to request that a member reviewing the incident withdraw. (Based upon reasons given for the request, the council advisor will determine the validity and grant or deny the request.)

10. Be able to hear all information the council will use in making a decision.

11. Have an advisor, of the student’s choice, present during the hearing.

12. Receive formal written notification of the council’s decision within three working days of the decision being made.

13. Be informed of the appeal process.

B. Any student or organization to appear before the council is to be provided the opportunity to discuss the judicial process with the Student Judicial Council advisor prior to the hearing and/or following the hearing.

Section 5 Procedures

A. When a violation of college policy is reported, the details are recorded in an incident report. This report is reviewed by a Student Development Office staff member. Following the review, s/he meets with the student(s) reported in violation an/or refers the incident to the Student Judicial Council or to an appropriate administrative hearing.

B. The hearing group/individual first determines responsibility for the violation.

C. In the event the student/organization reported in violation is found to be responsible for the violation(s), sanction may be imposed.

D. Hearings are not open to the public.

E. Hearings are primarily administrative and are conducted in such a manner as to do substantive justice. The focus is on the educational process and helping students to assume responsibility for their own behavior.

F. When a student is reported in violation and referred to the Student Judicial Council, it is his/her choice to attend the hearing or not. If the student chooses not to attend the hearing, the hearing is held in his/her absence.

G. The Student Judicial Council and housing unit judiciaries have the authority to solicit information and testimony pertinent to their work.

H. All members of judicial bodies must respect the confidential nature of private information to which they may become privy.

I. Group or organizational responsibility as distinct from individual responsibility can only be predicated upon either:

1. Deliberate preparation for and/or involvement in the violation of a college regulation by officers or member, acting in the capacity of officers or members of the organization.

2. Culpable failure on the part of officers or members, acting as officers or members, to take steps reasonably available to them which could have avoided or mitigated the violation of a college regulation.

J. Each judicial body will establish necessary internal rules of procedure not specifically stipulated above.

K. The Student Judicial Council will not be considered active during the last ten days of any semester, and all hearings will be conducted by staff members of the Student Development Office.

L. If no Student Judicial Council quorum can be obtained, the hearing will be held by at least two full-time professional members of the Student Development Office staff.

M. The Vice-President for Student Development may take immediate action to suspend a student from campus without prior benefit of a hearing under emergency circumstances.

1. Such action is taken as protection in matters concerning safety and/or general welfare.

2. The suspension is for a defined period of time or until specific conditions are met.

3. This is not to replace the student’s right to a fair hearing. It is seen as a temporary action taken by the college.

Section 6 Sanctions

A. Student Judicial Council decisions are communicated to students by formal letter.

Such letters detail the decision and reasons for the decision.

B. In addition to the letter, the council advisor may meet with the student following the hearing. At this meeting, the advisor discusses the decision with the student, and the actions necessary which accompany the decision. It is the student’s responsibility to schedule this meeting if desired.

C. The decision letter is sent by campus mail. A copy is also placed in the student’s student development file.

D. Failure to comply with sanctions given is considered appropriate grounds for additional disciplinary action.

E. The following sanctions may be imposed by the Student Judicial Council and by Student Development Office staff members acting as hearing officers. Any or all may be combined.

1. Warning – oral or written notice that continuation or repetition of specified conduct found unacceptable within a period of time stated in the warning may be cause for more severe disciplinary action.

2. Required Compliance – the carrying out of a college regulation or administrative directive as a condition for avoiding further disciplinary action and/or remaining in good standing.

3. Restitution – reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation and may be combined with other penalties.

4. Fines – not to exceed $100 for any one personal offense. The student must be provided with the option of supervised community service work at the stated minimum college wage in amount equivalent to the fine.

5. Community Service – supervised constructive projects.

6. Educational Sanction – may be added to any level of sanctioning. Educational sanctions may include, but are not limited to: service projects, letters of apology, housing transfers, counseling, loss of privileges, educational programs, behavioral contracts, chemical dependency assessments/treatment.

F. The following sanctions may be recommended by the Student Judicial Council or Student Development Office Staff functioning as hearing officers. These sanctions are imposed by the Dean of Students or his/her designees:

1. Disciplinary Probation – the most severe and serious warning a student may receive and still remain enrolled in the college. Disciplinary probation may include loss of designated privileges for a specified period of time not to exceed one year. Disciplinary probation will be noted on the back of the student’s transcript. A summary of the nature of misconduct will be filed in his/her file. Violation of the terms of disciplinary probation or any infraction of any college regulation during the period of the disciplinary probation may be grounds for suspension or dismissal.

2. Suspension – separation from the college for a specified period of time, usually the remainder of the semester or termination of enrollment in the college for an indefinite period. Readmission must be applied for and may be contingent upon compliance with specific conditions. The conditions of readmission, if any, shall be stated in the notice of dismissal.

G. The following sanctions may be imposed upon organizations by the Student Judicial Council and by Student Development Office staff members acting as hearing officers. Any or all may be combined.

1. Warning – oral or written notice that continuation or repetition of specified conduct found unacceptable within a period of time stated in the warning may be cause for more severe disciplinary action.

2. Required Compliance – the carrying out of a college regulation or administrative directive as a condition for avoiding further disciplinary action and/or remaining in good standing.

3. Restitution – reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation and may be combined with other penalties.

4. Fines – not to exceed $500 fo