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Embry-Riddle Aeronautical University (ERAU) - SGA Constitution (Amended November 18, 2020)

Description:

Student Government Association Constitution

Page Updated: November 18th, 2020

Document Ratified: November 18th, 2020

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Preamble

We, the students of Embry-Riddle Aeronautical University establish this constitution as a guide for the Student Government Association to provide a voice for the student opinions concerning the affairs of the University. Additionally, it develops a framework around which students may respond to the challenges of a democratic society through the process of elective student government. Through this constitution, the SGA will uphold individual responsibilities while acknowledging the professional principles upon which this university was founded.

Grant of Power

Embry-Riddle Aeronautical University hereby grants the Embry-Riddle Aeronautical University Student Government Association the right to exist and act on behalf of the student body in its goals to facilitate and promote student life and services, to collect fees from the student body to finance its student services, to maintain offices and operations on campus, and to have a member serve on the board of trustees.

Article I:

Declaration

Section 1.

Name

The name of this organization shall be the Embry-Riddle Aeronautical University Student Government Association hereafter referred to as SGA.

Section 2.

Mission

The SGA shall strive to achieve the goals as outlined in the Preamble; to enhance student life at Embry-Riddle Aeronautical University through the provision of services, events, and representation while providing a means for students to address issues with the administration.

Section 3.

General Membership

All students currently enrolled at Embry-Riddle Aeronautical University, Daytona Beach campus who have paid the SGA fee shall be considered a member of the SGA.

Section 4.

SGA Officials

The following shall be considered SGA Officials:

a. SGA President

b. SGA Vice-President

c. Treasurer

d. Chief Justice

e. Student Senate Members

f. Student Treasury Members

g. Associate Justices

h. SGA Division Executive Board Members

i. Chief of Staff

j. Director of Community Relations

k. Director of Marketing & Communications

l. Director of Student Services

Article II:

Branches of the SGA

Section 1.

The Executive Branch

The Executive Branch, chaired by the SGA President, shall be composed of the Vice-President, Treasurer, Chief Justice, Chief of Staff, Director of Community Relations, Director of Marketing & Communications, Director of Student Services and Division Chairpersons. Its purpose is to ensure that the overall mission of the SGA is carried out.

Section 2.

The Legislative Branch

The Legislative Branch shall be composed of the Student Senate, chaired by the Vice-President, and the Student Treasury, chaired by the Treasurer. Its purpose is to be the policy-making and decision-making body within the SGA, to represent student's interests and viewpoints, and to make responsible financial decisions.

Section 3.

The Judicial Branch

The Judicial Branch is composed of the Associate Justices chaired by the Chief Justice, hereafter referred to as the Student Court. Its purpose is to protect the rights of the student body and to advise them of their rights and responsibilities within the parameters of the University policies and procedures manual. It also renders interpretations of the SGA Constitution.

Article III:

Divisions of the SGA

Section 1.

Divisions

In order to enhance student life, the SGA will maintain the following divisions:

a. The Avion Newspaper

b. Touch-N-Go Productions

c. The WIKD 102.5 FM

d. Emergency Response Team

Section 2.

Rules Governing Divisions

Each division will have current bylaws or other governing documents on file in the SGA office. No provision or interpretation of these bylaws shall conflict with the SGA Constitution. 

Section 3.

Process for Adding a Division

a. Any prospective division will submit a proposed copy of its bylaws to the Student Senate which must in turn be approved by a 2/3 vote.

b. A proposed budget must be approved by the Student Treasury with a 2/3 vote.

c. Once the criteria in parts a. and b. are satisfied, then the prospective division will be voted upon for the Constitution change in accordance with Article IX, Section 2.

d. The group will be considered a division when all the above criteria are met.

Section 4.

Process for Removing a Division

a. Any SGA Official may initiate the removal process.

i. The SGA Official must submit a detailed written request to the Student Senate and the Student Treasury.

ii. The division will cease to exist after a 2/3 vote of the Student Senate and Student Treasury to remove it.

Any decision may be appealed within five school days to the Student Court.

b. Any SGA member may initiate the removal process.

i. Any member of the SGA may submit a written charge of a division removal to the Student Court. Written charge shall include specific constitutional evidence and a petition containing the signatures of fifty (50) Embry-Riddle Aeronautical University students or three elected or appointed officials from each branch and division of the SGA, excluding the Student Court.

ii. The Student Court will then notify the division Chairperson being cited for removal and in two weeks conduct a hearing at which the division being charged may submit any evidence to their defense. A 2/3 vote of the Student Senate and Student Treasury is required for the removal of the division to be carried out.

iii. If the division cited with removal feels that their rights were violated, then they may file an appeal with the SGA Advisor within five (5) school days. The SGA Advisor will then call for a meeting of the Student Court in which a 2/3 vote is required to overturn the removal ruling.

iv. If new evidence pertaining to the removal case arises that could have been submitted in the removal hearing but wasn't through no fault of the Complainant or the Respondent, then the Respondent may appeal a Responsible verdict with the SGA Chief Justice within five (5) school days. The SGA Chief Justice will then assemble the Student Court and hold a re-trial.

v. In the event a Student Court member fails in their duties and responsibilities or abuses the power of their office they may be removed at the discretion of the SGA Chief Justice.

vi. If the Student Court member feels that their rights were violated, then they may file an appeal with the SGA Advisor within five (5) school days. The SGA Advisor will then call for the remaining Associate Justices to hear the case which shall be chaired by the SGA President in which a 2/3 vote is required to overturn the SGA Chief Justice's decision.

Article IV:

Auxiliaries of the SGA

Section 1.

Auxiliaries

For those students that wish to become involved in the SGA without being officiated, the SGA will maintain the following auxiliaries:

a. SGA's Transitional Experience Program

Section 2.

Definition

Auxiliaries are units of the SGA that are overseen and managed by SGA Officials. The primary purpose of auxiliaries is to encourage involvement with the SGA.

Section 3.

Governing Auxiliaries

Each auxiliary will have current bylaws or other governing documents on file in the SGA office. No provision or interpretation of these bylaws shall conflict with the SGA Constitution or the interpretation by the Student Court.

Section 4.

Process for Adding an Auxiliary

a. Any prospective auxiliary will submit a proposed copy of its bylaws to the Student Senate which must be approved by a 2/3 vote.

b. A proposed budget must be approved by the Student Treasury with a 2/3 vote.

c. After the above criteria in parts a and b are satisfied, the prospective auxiliary will be in a provisional period. To be in a provisional period means that the prospective auxiliary may change its bylaws or budget at any time. Any changes to the bylaws or budget must be approved by the Student Senate or Student Treasury, respectively.

d. After one semester in the provisional period, the Constitution change, to include the prospective auxiliary as an SGA Auxiliary, will be voted upon in accordance with Article IX, Section 2.

e. If the Constitution change is not approved, whether the organization shall remain in its provisional period will be voted upon in accordance with Article IX, Section 2.

f. The group will be considered an auxiliary when all the above criteria are met.

Section 5.

Process for Removing an Auxiliary

a. Any SGA member may initiate the removal process.

b. The member must submit a detailed written request to the Student Senate and Student Treasury.

c. The auxiliary will cease to exist after a 2/3 vote of the Student Senate and Student Treasury to remove it.

d. Any decision may be appealed within five school days to the Student Court.

Article V:

Powers, Duties, and Limitations

Section 1.

President

The President shall:

a. Coordinate and communicate with SGA Officials to further the interest of the students at the University.

b. Bear ultimate responsibility for activities conducted by the SGA and its organizations within.

c. Publicly express the views and recommendations of the SGA.

d. Have veto power over all legislation, which must be exercised within five school days.

e. Have the responsibility to review all resolutions and SGA formal proposals made and passed by the Student Senate or Student Treasury within seven school days of the resolution.

f. Chair a SGA Executive Board Meeting at least once each month during the school session for the purpose of coordinating the overall SGA function.

g. Chair/host a meeting of the SGA branches and divisions through at least one General Session each month during the Fall and Spring semesters.

h. Have the authority to call any necessary joint sessions of any and all branches, committees, and/or divisions.

i. Appoint the Chief Justice when the position is vacated.

j. Assist in the interviewing process of Associate Justices.

k. Nominate elections committee chairperson to the Executive Board.

l. Meet each month with the Dean of Students or their equivalent, to voice student views.

m. Hold a retreat, at least once, during the Summer Semester for Fall Semester training, and at least once before the Spring Semester, but not before thanksgiving break, for Spring Semester Training.

n. Have the power to create ad-hoc positions that will be subject to all the rules and regulations set forth by this Constitution. A job description for each ad-hoc position will be kept on file by the Student Court.

o. Have and maintain at least a 2.5 cumulative grade point average (CGPA).

p. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

q. Log a minimum of ten (10) office hours per week. At least half of the business hours must be conducted between 8 a.m. and 5 p.m.

Section 2.

Vice-President

The Vice-President shall:

a. Be chairperson of the Student Senate and shall cast a vote only in the event of a tie.

b. Delegate duties and responsibilities to members of the Student Senate as necessary to conduct the business of the Student Senate.

c. Act as a liaison between the Student Senate and all branches and divisions of the Student Senate.

d. Attend and report on the Student Senate at all Executive Board meetings.

e. Assist in the interviewing process of Associate Justices.

f. Appoint students to serve on SGA Committees.

g. Create an agenda for all Student Senate meetings.

h. Verify compliance with all Student Senate Bylaws.

i. Have and maintain at least a 2.5 cumulative grade point average (CGPA).

j. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

k. Log a minimum of seven (7) office hours per week. At least half of the office hours must be conducted between 8am-5pm.

Section 3.

Treasurer

The Treasurer shall:

a. Be chairperson of the Student Treasury and shall cast a vote only in the event of a tie.

b. Delegate duties and responsibilities to members of the Student Treasury as necessary to conduct the business of the SFB.

c. Act as a liaison between the Student Treasury and all branches and divisions of the SGA.

d. Attend and report on the Student Treasury at all Executive Board meetings.

e. Assist in interviewing process of Associate Justices.

f. Create an agenda for all Student Treasury meetings.

g. Verify compliance with all Student Treasury Bylaws.

h. Have and maintain at least a 2.5 cumulative grade point average (CGPA).

i. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

j. Log a minimum of seven (7) office hours per week.

Section 4.

Chief Justice

The Chief Justice shall:

a. Be the chairperson of the Student Court and shall cast a vote only in the event of a tie.

b. Coordinate the appointment of all Associate Justices.

c. Delegate duties and responsibilities to the Associate Justices as necessary to conduct the business of the Student Court.

d. Act as a liaison between the Student Court and all branches and Divisions of the SGA.

e. Attend and report on the Student Court at all Executive Board meetings.

f. Be responsible for swearing in all new SGA officials.

g. Be appointed by the SGA President and approved by a 2/3 vote of the Student Senate and Student Treasury when the position becomes vacant. All appointees must currently serve on the Student Court, unless no current Associate Justice accepts the nomination.

h. Have and maintain at least a 2.5 cumulative grade point average (CGPA).

i. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

j. Log a minimum of five (5) office hours per week.

Section 5.

Chief of Staff

The Chief of Staff shall:

a. Exist at the discretion of the SGA President.

b. Be appointed by the SGA President.

c. Serve as a non-voting member of the SGA Executive Board.

d. Oversee the Director of Community Relations, Director of Student Services, and Director of Marketing & Communications.

e. Be responsible for maintaining the SGA page on ERAU Connection.

f. Be responsible for updating and maintaining the SGA event calendar on the SGA website.

g. Create and maintain SGA Event Catalogs (i.e. photo albums, historical documents) and submit it to the SGA Advisor upon the end of each academic semester.

h. Organize the SGA General Session every month school is in session.

i. Record meeting minutes for all General, Emergency and Executive Board sessions of the SGA. These meeting minutes shall be kept by the SGA President and the SGA Advisor. Executive Board meeting minutes may be made available at the discretion of the SGA Executive Board.

j. Organize at least one social event per semester for SGA Officials to attend.

k. Be responsible for the management and coordination of Student Appreciation Day, and chair the Student Appreciation Day Committee.

l. Be responsible for creating an end-of-year video for the SGA Annual Banquet.

m. Attend all Executive Board Meetings and General Sessions.

n. Attend at least one Student Senate, Student Treasury, and each Division's meeting per semester.

o. Serve a minimum of five (5) office hours / meeting times per week. Meeting times logged can consist of non-required meetings.

p. Have and maintain a minimum 2.5 Cumulative Grade Point Average (CGPA).

q. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

r. Fulfill any other responsibilities as deemed necessary by the SGA President.

Section 6.

Director of Community Relations

The Director of Community Relations shall:

a. Exist at the discretion of the SGA President.

b. Be appointed by the SGA President.

c. Serve as a non-voting member of the SGA Executive Board.

d. Be responsible for maintaining and promoting a positive relationship between all branches, divisions and auxiliaries of the SGA and the Embry-Riddle Community.

e. Be responsible for the Member at Large Program. This includes accepting applications, meetings, placement, and making sure they are happy during the program. They are to be recommended to join a branch or committee within the SGA.

f. Be responsible for fostering a positive relationship between the SGA Executive Board and the Presidents of Embry-Riddle Registered Student Organizations (RSOs).

g. Attend at least 8 different RSO's meetings per semester. The ones visited in the fall may not count for the ones visited in the Spring. Visiting student organizations you are active in may count.

h. Organize an SGA Service Project once per semester coordinating with the Assistant Director of Leadership & Civic Engagement in the Student Engagement & Student Union office.

i. Attend all Executive Board Meetings and General Sessions.

j. Attend at least one Student Senate, Student Treasury, and each Division's meeting per semester.

k. Serve a minimum of five (5) office hours / Meeting Times per week. Meeting times logged can consist of non-required meetings.

l. Have and maintain a minimum 2.5 Cumulative Grade Point Average (CGPA).

m. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

n. Fulfill any other responsibilities as deemed necessary by the SGA President or Chief of Staff.

Section 7.

Director of Marketing & Communications

The Director of Marketing & Communications shall:

a. Exist at the discretion of the SGA President.

b. Be appointed by the SGA President.

c. Serve as a non-voting member of the SGA Executive Board.

d. Be responsible for marketing and promoting the SGA in a positive light for the Embry-Riddle students, faculty/staff, and community.

e. Be responsible for managing internal and external communication of the SGA towards the Embry-Riddle student body, staff, community, and SGA.

f. Be responsible for creating a SGA newsletter for the Embry-Riddle student body every month while school is in session.

g. Be responsible for managing and supervising the SGA Social media outlets (i.e. Facebook, Instagram, Twitter, Snapchat, etc.).

h. Order SGA promotional items with the approval and guidance of the SGA Executive Board.

i. Sit on or chair the SGA Marketing Committee.

j. Organize a SGA State of the Union, or Town Hall, once per semester for the Embry-Riddle student body to be informed of major projects, events or services that the SGA is providing for them.

k. Attend all Executive Board Meetings and General Sessions.

l. Attend at least one Student Senate, Student Treasury, and each Division's meeting per semester.

m. Serve a minimum of five (5) office hours / meeting times per week. Meeting times logged can consist of non-required meetings.

n. Have and maintain a minimum 2.5 Cumulative Grade Point Average (CGPA).

o. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

p. Fulfill any other responsibilities as deemed necessary by the SGA President or Chief of Staff.

Section 8.

Director of Student Services

The Director of Student Services shall:

a. Exist at the discretion of the SGA President.

b. Be appointed by the SGA President.

c. Serve as a non-voting member of the SGA Executive Board.

d. Be responsible for all SGA Student Services and Student Service contracts.

e. Assist branches and divisions with education and other new student service initiatives and help manage new initiatives of the SGA.

f. Chair the SGA Progress Committee.

g. Work with the Director of Community Relations & Director of Marketing & Communications to ensure student services are communicated with the student body.

h. Identify areas/programs on campus where student services are needed and develop initiatives for that area.

i. Be responsible for SGA co-sponsorships (non-division) with departments and events.

j. Attend all General Sessions.

k. Attend at least one Student Senate, Student Treasury, and each Division's meeting per semester.

l. Serve a minimum of five (5) office hours / Meeting Times per week. Meeting times logged can consist of non-required meetings.

m. Have and maintain a minimum 2.5 Cumulative Grade Point Average (CGPA).

n. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

o. Fulfill any other responsibilities as deemed necessary by the SGA President or Chief of Staff.

Section 9.

SGA Advisor

The SGA Advisor shall:

a. Perform the duties as directed by the current job description and title on file in the University Department of Human Resources and the SGA.

b. Attend Student Senate, Student Treasury, and Executive Meetings as an ex-officio, non-voting member. If unable to attend, shall notify the SGA President or the appropriate division head or branch official.

Section 10.

Student Senate

The Student Senate shall:

a. In conjunction with the Student Treasury, have the authority to override a Presidential veto on all formal SGA proposals by a 2/3 vote.

b. Have responsibility to review and vote on formal SGA proposals.

c. Provide for a compilation and publication of all legislation.

d. In conjunction with the Student Treasury, approve an Elections Committee Chairperson with a 2/3 vote.

e. Hold weekly meetings in accordance with the Student Senate bylaws.

f. Follow all guidelines as established in the current Student Senate bylaws.

g. In conjunction with the Student Treasury, approve a Chief Justice nominee put forth by the President.

h. Have current bylaws or other governing documents on file in the SGA Office. No provision or interpretation of these bylaws shall conflict with the SGA Constitution. Any provisions to any bylaws must come to the Student Court five (5) business days before voted upon.

i. Have and maintain at least a 2.5 cumulative grade point average (CGPA).

j. No less than six (6) credit hours for an Undergraduate student or three (3) credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

Section 11.

Student Treasury

The Student Treasury shall:

a. Hold weekly meetings in accordance with the Student Treasury bylaws.

b. Oversee the budgetary process of the SGA as outlined in the SGA Budget Guidelines.

c. Approve the SGA budgets as a whole, with a majority vote.

d. Have the responsibility to review and vote on formal SGA proposals.

e. Have the responsibility to review all requests for funds and to verify that funds would be used in accordance with the SGA Budget Guidelines.

f. In conjunction with the Student Senate, have the authority to override a Presidential veto on all formal SGA proposals by a 2/3 vote.

g. Have the authority to select new members by a 2/3 vote when positions become vacant on the Student Treasury.

h. Follow all guidelines as established in the current Budget Guidelines and Student Treasury bylaws.

i. In conjunction with the Student Senate, approve a Chief Justice nominee put forth by the President with 2/3 vote.

j. Have current bylaws or other governing documents on file in the SGA Office. No provision or interpretation of these bylaws shall conflict with the SGA Constitution.

k. In conjunction with the Student Senate, approve an Elections Committee Chair with a 2/3 vote.

l. Have and maintain at least a 2.5 cumulative grade point average (CGPA).

m. No less than six (6) credit hours for an Undergraduate student or three (3)

credit hours for Graduate per semester on the Daytona Beach campus throughout his/her term in office.

Section 11.

Student Court

The Student Court shall: 

a. Have regular sessions chaired by the Chief Justice run according to the Student Court bylaws.

b. Maintain judicial power extending to all cases arising under this Constitution, the Branches and Division bylaws, guidelines and legislation enacted by the SGA; to all cases which may be referred to the Court by the Office of the Dean of Students.

c. Follow all guidelines as established in the current Student Court bylaws.

d. Maintain the power to levy fines and recommend probation, suspension, or dismissal.

e. Any interpretation issued by the Student Court will remain in effect for one year from the date of interpretation and will be documented and kept by the Student Court. 

 

Article VI:

Resignation, Removal an Impeachment

Section 1.

Resignation

Officials of the SGA reserve unto themselves the right to cease their duties by letter of resignation delivered to the SGA Executive Board at any time during their term of office. 

Section 2.

Impeachment

Any official of the SGA who fails in their duties and responsibilities or abuses the power of their office may be impeached. Impeachment does not remove an official from office but rather is a statement of charges the official is being held responsible for. Any official of the SGA can be impeached.

a. Petition by Student Body

i. Any member of the student body may submit a written charge of impeachment to the Student Court against any official of the SGA. Written charge shall include specific constitutional evidence and a petition containing the signatures of fifty (50) Embry-Riddle Aeronautical University students or three elected or appointed officials from each branch and division of the SGA, excluding the Student Court.

ii. The Chief Justice will then notify the person being charged for impeachment and within two weeks conduct a hearing at which the person being charged may submit any evidence to their defense. This open hearing will be conducted by the Chief Justice with the Student Senate as the voting members. The Vice President will call the meeting to order and act as a non-voting member during the hearing. This hearing must be scheduled at a time when every member of the Student Senate is available and can attend. A 2/3 vote finds the official responsible for the violations.

iii. If the person charged with impeachment feels that their rights were violated, then they may file an appeal with the SGA Advisor within five (5) school days of the end of their court process. The SGA Advisor will then call for a meeting of the Student Court where they will determine whether the rights were violated with a 2/3 vote. The case will then move to the Dean of Students Office, if the student's rights were violated, whose decision will be final.

iv. If new evidence pertaining to the impeachment case arises that could have been submitted in the impeachment hearing but was not through no fault of the Complainant or the Respondent, then the Respondent may appeal a Responsible verdict with the SGA Chief Justice within five (5) school days of the verdict. The SGA Chief Justice will then assemble the Student Senate and hold a re-trial.

Section 3.

Removals

Methods

a. Any official of the SGA accumulating three unexcused absences from regular meetings in one semester shall automatically be removed from office.

1. Regular meetings include scheduled branch and division meetings, general session meetings scheduled with at least four (4) weeks prior notice, committee meetings as assigned by their chair, and any event made mandatory by the chair and scheduled with at least 2 weeks prior notice.

2. An absence may be excused by the chair of that particular board or committee prior to the absence or within a week following the absence.

3. Tardiness of more than ten (10) minutes to a regular meeting shall result in 1/3 of an unexcused absence. Tardiness of more than thirty (30) minutes shall result in an unexcused absence.

4. The missing of a special or emergency meeting shall result in 1/3 of an unexcused absence.

5. The missing of the SGA Retreat shall result in up to 1 and a 1/2 unexcused absences at the discretion of the chair of that board.

6. Absences not excused by the chair of that particular board or committee may be appealed to the Student Court within five (5) business days.

b. Placement on academic or disciplinary probation, as defined in the current University Catalog or Student Handbook, will result in immediate removal from an office. The SGA Advisor will monitor holders of any official SGA position to ensure none are serving probation.

c. Failure to maintain a minimum of six (6) credit hours for an Undergraduate student or three (3) credit hours for a Graduate student per semester will result in immediate and automatic dismissal from an official position in the SGA. The SGA Advisor will monitor holders of any official SGA position to ensure none are below the credit hours.

d. Failure to maintain at least a 2.5 cumulative grade point average (CGPA) will result in immediate and automatic dismissal from an official position in the SGA. The SGA Advisor will monitor holders of any official SGA position to ensure the GPA requirements are met.

e. Removal Based on Position

1. Elected Official

In addition to Parts a-d, an elected official can be removed from office through the Impeachment Process outlined in Section 2, Part A and the following procedure when necessary. When an Elected Official of the SGA is found responsible in an Impeachment Hearing, as described in Section 2, Part A the following process shall occur.

i. Within one week of a decision by the Student Senate, a removal hearing shall be conducted. This closed hearing will be conducted by the Chief Justice with the Student Treasury as the voting members. The defendant will be present to provide insight into why they should not be removed from office. The plaintiff will not be present. The Treasurer will attend but have no role in the hearing unless the vote ends in a tie. Only under this circumstance will the Treasurer cast a vote. This hearing must be scheduled at a time when every member of the Student Treasury is available and can attend. The only topics of discussion at this hearing are the responsible violations and the evidence decided by the Student Senate that supports this claim. A majority vote determines that the official's actions are worthy of removal from office. If the official's actions are not worthy of removal, the Chief Justice leads the Student Treasury in a discussion and vote on appropriate sanctions.

ii. If the Student Treasury determines that Removal from Office is an appropriate sanction, the process moves to a Removal Vote. The Chief Justice will write up the charges and a justification for responsibility and worthiness of removal. The SGA Advisor should approve this write up. This information will be included at the top of the ballot. The vote will be conducted in the same manner as the previous election. The portion of the student body who can vote to elect that person gets to vote in the removal election. A majority vote removes the Elected Official.

iii. If the Elected Official feels that their rights were violated, follow the same process as Article VI, Section 2.a, part iii.

2. Appointed Officials

i. In the event an appointed official fails in their duties and responsibilities or abuses the power of their office they may be removed at the discretion of the SGA Official who is responsible for the appointment of that position.

ii. If the Appointed Official feels that their rights were violated, follow the same process as Article VI, Section 2.a, part iii.

3. Chairperson or Division Head

The following process will be used for any division that does not have a set process regarding removal of the chairperson or division head.

i. In the event a Division Head fails in their duties and responsibilities or abuses the power of their office they may be removed at the discretion of the SGA Executive Board. A 2/3 vote of the SGA Executive Board removes a Division Head from their role.

ii. If the Division Head feels that their rights were violated, follow the same process as Article VI, Section 2.a, part iii.

4. Removal by Chairperson

The following process will be used for any branch or division that does not have a set process regarding removal of an officer.

i. If the chairperson of a branch/division believes that a member of their board is not doing the job duties outlined by the branch/division's bylaws, they may follow this process of removal.

ii. The chairperson will give a verbal warning to the member.

1. The verbal warning must be documented in an email to the member that is carbon copied by the SGA advisor and division advisor (if applicable) within 24 hours of the verbal warning issued.

2. This email must explicitly state the violations of the job duties and action items to improve.

3. The SGA Official will have two weeks upon release of email to improve and complete given action items.

4. An assessment meeting, including chairperson, member, and SGA Advisor and/or Division Advisor shall determine the achievement of given action items, upon completion of the two week period.

iii. If the action items documented in the verbal warning are deemed unsatisfactory by the Chairperson upon completion of the assessment meeting described in Section 2.e.b.ii.4, the Chairperson will give SGA Official a written warning.

1. This warning shall be signed by the SGA Official, Chairperson, and SGA Advisor/Division Advisor as acknowledgement of written warning.

2. The written warning must explicitly state the violation of the job duties and re-evaluated action items to improve.

3. The written warning must state that the next step is removal of office.

4. The written warning must be documented in an email to the member that is carbon copied by the SGA Advisor, Division advisor (if applicable), and SGA President within 24 hours of the written warning issued.

5. The SGA Official will have two weeks upon release of email to improve and complete given action items.

6. An assessment meeting, including chairperson, member, and SGA Advisor and/or Division Advisor shall determine the achievement of given action items, upon completion of the two week period.

iv. If the action items documented in the written warning are deemed unsatisfactory by the Chairperson upon completion of the assessment meeting described in Section 2.e.b.iii.6, the Chairperson will submit a removal of office form to SGA President.

1. The removal of office form must be documented in an email to the member and SGA President that is carbon copied by the SGA Advisor, Division advisor (if applicable) within 24 hours of the removal of office form submission.

v. Upon release of the email described in Section 2.e.b.iv.1, the former SGA Official will have five (5) business days to appeal the Chairperson's decision, if they feel as if their rights were violated, to the SGA Advisor.

vi. If an appeal is received, the SGA Advisor will call for a hearing to the SGA Student Court to assess the appeal. A 2/3 vote of the Associate Justices is required to overturn the Chairperson's decision.

Article VII:

Election Process

Section 1.

Election's Committee Chairperson

It shall be the duty of the SGA Executive Board to approve an Election's Committee chairperson by a 2/3 vote no later than the 2nd week of the Spring semester. The appointment shall be approved by both a 2/3 vote of the Student Senate and a separate 2/3 vote of the Student Treasury. Should either body fail to approve the appointment with a 2/3 vote, then the appointment fails.

If a conflict of interest should arise, any SGA member can bring it to the Student Court for interpretation. If the conflict of interest is deemed valid, the court will remove the chairperson by majority vote.

Section 2.

Guidelines

The elections shall follow the Student Election Committee Bylaws; any changes to the Student Election Committee Bylaws must be approved by the Student Court.

Section 3.

Elections Committee

The Elections Committee will be appointed by the Election's Committee chairperson with approval by the Chief Justice. The Election Committee holds the power involved in running all aspects of the election.

If a conflict of interest should arise, any SGA member can bring it to the Student Court for interpretation. If the conflict of interest is deemed valid, the court will remove the committee member by majority vote.

Section 4.

Qualifications to be Appointed or Elected to an Official Position

a. Must not be on academic or judiciary probation as defined in the current University Catalog and Student Handbook.

b. Must have and maintain at least a 2.5 cumulative grade point average (CGPA).

c. Must attest, in writing, to the intent of remaining a registered student according to the requirements set forth by the university pursuing no less than six (6) credit hours for an Undergraduate student or three (3) credit hours for a Graduate student during the Spring and Fall semesters on the Daytona Beach campus throughout their term in office.

d. Meet all other requirements as set forth in the Student Election Committee Bylaws for the position they are running for.

Section 5.

Executive Officer's Ticket

a. The following Executive Officers shall be elected as a ticket during the General Election:

i. President

ii. Vice-President

iii. Treasurer

b. No one shall qualify for elected Executive Office unless he/she has completed 2 semesters of no less than six (6) credit hours each if an Undergraduate student or three (3) credit hours each if a Graduate student. For the purpose of meeting this qualification, summer terms A and B combined comprise one complete semester. However, a student must be enrolled for at least three credit hours per summer term.

c. Regarding Executive Branch Member summer obligations.

i. The SGA President must serve office hours for the entire academic year, including all summer semesters. The President may not participate in summer abroad activities, internships, or Co-ops, except where provided by section 3 or 5 of this paragraph.

ii. All other Executive Branch Members may participate in summer internships or Co-ops provided they are based in the continental 48 states.

iii. All Executive Branch Members may participate in documented military obligations.

iv. No more than two Executive Branch Members may be excused at any given time under this section provided there are no extenuating circumstances.

v. Any Executive Branch Member with extenuating circumstances may be excused for up to two weeks with approval by the SGA Advisor and the Chief Justice.

vi. All Executive Branch Members are subject to these procedures when absent due to summer obligations. Failure to maintain these standards will result in the forfeiture of the executive position.

1. All internships and Co-ops must be approved by the SGA Advisor.

2. An individual from the respective board must be appointed by the outgoing Executive Branch Member to act on their behalf.

A. This person will gain all rights and responsibilities of the position during the absence of the Executive Branch Member.

B. The appointed interim is subject to practices defined under Article V, and upon removal from office, will revert to their previous position. A new interim must then be appointed.

C. Weekly contact between the Executive Branch Member and their interim must be established and maintained.

D. Meet all other requirements as set forth in the Student Election Committee Bylaws under the position they are running for.

Section 6.

Chief Justice Appointment

The Chief Justice position shall be appointed by the President and approved by a 2/3 vote of the Student Senate and Student Treasury. The Chief Justice shall serve a term to last no more than two academic years.

Section 7.

Student Court Members

Student Court members shall not run for any SGA position unless they have previously resigned their Student Court position.

Section 8.

Terms of Office

The term of office of all elected officials shall be approximately one year to begin at the annual SGA Awards Banquet held each Spring. Before taking office, each SGA official must be sworn in by the Chief Justice with the following oath of office:

"I, (state your full name), do solemnly swear that I will faithfully execute the office of (state name of office) of the Embry-Riddle Aeronautical University Student Government Association in accordance with the Constitution, Bylaws, and Code of Conduct.  I shall, to the best of my ability, faithfully represent those students who elected me to this office."

Section 9.

Vacancies of Office

a. Should a vacancy occur in the Office of the President, the Vice-President shall assume the Office of the President and the Vice-President position shall be filled according to subpart b of this section.

b. A vacancy of the Vice-President or the Treasurer shall be filled by an election within the Student Senate and the Student Treasury respectively. Both positions shall be approved by a 2/3 vote of the Student Senate and Student Treasury.

c. Should there at one time be a simultaneous vacancy of both the President and the Vice-President, the President position shall be filled by an election within the Student Senate and Student Treasury and approved by a 2/3 vote of the Student Senate and Student Treasury. The Vice-President position shall be filled according to subpart b of this section.

Section 10.

Re-Elections

a. All persons holding elected positions (incumbents) are eligible for re-election provided eligibility criteria have been met. However, they may not serve on the Elections Committee and may not vote on the eligibility criteria.

b. No individual may declare eligibility for more than one elected position.

Section 11.

Records

a. The Elections Committee shall keep a file containing committee procedures and election results and submit an evaluation report to the SGA President for the reference of future committees.

b. An official record of the election results will remain a part of the records in the SGA office for two years under the protection of the SGA Advisor.

c. Election ballots will be disposed of as per the Student Election Committee Bylaws.

Article VIII:

SGA Fee Adjustment

Section 1.

Review

a. A proposal for adjusting the SGA fee may be presented by any SGA member.

b. The Student Treasury shall conduct a financial review of the SGA to determine the need and/or feasibility of an SGA fee adjustment.

c. The Student Treasury will conduct this review as necessary and shall submit its recommendation to the Student Senate in a timely manner.

Section 2.

Approval

a. Upon a 2/3 vote of the Student Senate approving the adjustment, the recommendation shall be forwarded to the President of the SGA.

b. The SGA President shall consider the recommendation and either approve and pass the recommendation to the Board of Trustees for final approval, or veto the recommendation.

Article IX:

Amendments to the Constitution

Section 1.

Purpose

Amendments to this Constitution may be necessary in order to maintain consistent and impartial service to the students of Embry-Riddle Aeronautical University's Daytona Beach Campus.

Section 2.

Process

a. Amendments to this Constitution may be initiated by any student and presented to the SGA Vice-President, who then brings it to the SGA Constitution Committee to ensure the revision aligns with University and Student Government Association policy and does not conflict other governing documents. Each branch/division chairperson should discuss it with their board prior to the joint session.

b. All potential changes to the Constitution need to be approved by a 2/3 vote in a joint session of the SRB, SFB, branch chairpersons, and division chairpersons.

c. The approved changes will be advertised to the students for a period of one (1) week.

1. Posting of the SGA standard flyer shall conform to the Student Engagement and Student Union (SESU) Guidelines. This flyer will follow a standard format and be provided by Constitution Committee.

2. The advertisement shall be made in "The Avion", announced on WIKD 102.5, and promoted by Touch-N-Go. In addition, a post with the flier should be made on every division's social media.

3. This flyer should be posted on the SGA Website, appropriate SGA Social Media, and included in an ERNIE Banner. Constitution Committee will provide the flyer to the Director of Marketing and Communications and the SGA Webmaster.

4. This statement shall be included on the flyer. "You are seeing this ad in accordance with Article IX: Section 2 Part C of the SGA Constitution."

d. A copy of the ratified Constitution must be sent into the Student Court within 5 school days of approval

e. The amendment shall be adopted if, within two weeks of the vote, no petition for veto has been filed with the Chief Justice. The petition for veto must contain the signatures of Embry-Riddle Aeronautical University students equal to twenty-five percent of the turn out in the last general election.

1. If the amendment is adopted, Constitution Committee is responsible for providing the SGA Webmaster with the updated Constitution for publication on the SGA Website. This needs to be completed within three (3) weeks of the affirmative vote.

Article X:

Ratification

Section 1.

Definition

Ratification of this Constitution shall require a 2/3 affirmative vote in a referendum, in accordance with Article IX, Sections 1-2, after which the amendment shall be considered part of this Constitution immediately.

Section 2.

Ratification Date

This Constitution has been last amended and ratified effective 18 November 2020.

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