Student Government Constitution

Preamble

We, the Student Government Association of Genesee Community College, in order to effectively express and represent our collective interests, promote our educational, cultural, social and physical welfare, and take a responsible part in the decision making process of the College at large, do hereby adopt and establish this Constitution.

ARTICLE I
MEMBERSHIP AND PRIVILEGES

Section I. Purpose
The purpose shall be: a) To implement the objectives set forth in the Preamble, b) To promote the exchange of ideas between all members of the campus community and the community at large, c) To promote democratic expression and a cooperative spirit, and d) To promote and maintain the high ideals of the College.

Section II. Jurisdiction
Students, by paying the activity fees at Genesee Community College, shall be members of the Student Government Association and shall be subject to this Constitution; its By-Laws; Student Government Statutes; the procedures as adopted by the Board of Trustees of Genesee Community College; the laws of New York State and the Constitution of the United States.

Section III. Specific Privileges
All students who have paid the student activity fees shall be entitled to vote; they shall be entitled to hold office if they carry twelve (12) credit hours of work or more and shall be entitled to an activity card in order to participate in Student Government Association and Athletic Board budgeted activities.

Section IV. Student Government Association Officers
1. Officers shall be those students who are herein defined through the processes herein established. Officers shall be Cabinet Members and Senators.
2. Officers shall carry a minimum of twelve (12) credit hours of work during the semester of incumbency, unless fewer are needed for graduation. The President, Vice President, Treasurer, Secretary, and Student Trustee must complete at least fifteen (15) credit hours at GCC prior to taking office.


ARTICLE II
LEGISLATIVE BRANCH

Section I. Powers
All legislative powers herein granted shall be vested in a Senate of the Student Government Association of Genesee Community College.

Section II. Senate Composition
1. The Senate shall be composed of the President, Vice President, Secretary, Treasurer, Student Trustee and twelve (12) Senators. The Secretary, Treasurer, and the (12) Senators shall have voting privileges.
2. The Vice President of the Student Government Association shall preside over the Senate, but shall have no vote unless votes are equally divided.
3. The Senate shall elect a President pro Tempore who shall serve in the absence of the Vice President or when the Vice President shall exercise the office of President of the Student Government Association.
4. All members must be enrolled in at least (12) credit hours at time of candidacy and during term of office, unless fewer are needed for graduation.
5. All members must maintain a cumulative QPI of 2.5 for consecutive semesters prior to and during term of office.
6. Six (6) Senators shall be elected by Student Government Association members at the end of the Spring Semester and six (6) Senators shall be elected no later than six (6) weeks after classes begin in the Fall semester; elections shall be in accordance with Article V.
7. Upon election, a Senator shall serve the term of the full college year he or she is elected.
8. The Senate shall establish other officers or committees that it shall deem necessary.

Section III. Senate Power
1. The Senate shall have the authority to raise legislation which shall be necessary and proper for the execution of its Constitutional powers.
2. All motions passed by the Senate shall be called legislation and shall be subject to the veto of the Student Government Association President within five (5) days.
3. The Senate may override the veto of the President by a two-thirds vote of the Senate.
4. The Senate shall approve the annual Student Government Association Budget.
5. All appointments of the President are subject to the approval of the Senate.
6. Amendments to the Constitution shall require a two-thirds vote of approval of the Senate in order to pass.
7. Student Government Association statutes, policy, rules and other legislation shall not be construed with this Constitution, in that they can be enacted by a simple majority vote of the Senate.
8. Grounds for impeachment of any Senator or Officer shall be violation of the Constitution and Genesee Community College regulations.
9. The Senate shall have the power to try all impeachments. The Chief Justice shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators present. A Senator being so charged shall not have the privilege to vote.
10. The Senate shall approve or reject permanent or temporary committees or student clubs.
11. The Senate shall study and act upon any item of business called to its attention by a signed petition of at least ten percent (10%) of the students who pay student activity fees. An ad hoc committee will be appointed to review the petition. After Senate review and action, a written response will be forwarded to the original petitioner (the first signee), the student newspaper editor and the radio station director to inform them about the resolution or action.
12. On questions of parliamentary order not provided for in this Constitution, Robert's Rules of Order, Revised shall be the authority.

Section IV. Senate Meetings
1. The Senate shall meet at least two (2) times each month throughout the semester except at those times of vacation, legally established holidays or lack of agenda.
2. Meeting times and dates shall be established at the first Senate meeting of each semester and may be revised by Senate consensus.
3. One half plus one (1) of the total voting membership of the Senate shall constitute a quorum.
4. Two (2) unexcused absences of a Senator from regular Senate meetings shall be the only grounds for automatic removal from a Senatorial position. No Senate vote shall be required. The Vice President shall be empowered to grant excuses.
5. A printed agenda shall be distributed prior to or at the beginning of each Senate meeting and shall be prepared by the Secretary. The agenda may be expanded at the discretion of the Vice President, but only if the item(s) is (are) presented in writing prior to coming to order.
6. The Secretary shall keep the minutes of the meetings and shall publish the same, noting abstentions, affirmative and negative vote(s) on any motion(s) considered by the Senate.

Section V. Advisement
The Dean of Students or his/her appointees shall serve as the official advisor(s) to the Senate. He/She shall counsel the Senate in its deliberations and be free to express his/her opinions on all matters, but shall have no voting privileges. One other faculty advisor shall be appointed at the discretion of the Senate.

ARTICLE III
EXECUTIVE BRANCH

Section I. Executive Powers
All Executive powers of the Student Government Association shall be vested in the President, except those powers expressly vested in other officers by this Constitution.

Section II. Officers - Executive Cabinet
The officers of the Student Government Association shall include the President, Vice President, Treasurer, Secretary, and Student Trustee and together shall be known as the Executive Cabinet.

Section III. Election of Officers
1. The officers, including half of the Senators, shall be elected by Student Government Association members at least two (2) weeks prior to the end of the Spring Semester and the term of office shall begin immediately upon the termination of the semester of their election.
2. Elections shall be in accordance with Article V.
3. Qualifications for candidacy are listed in Article I, Section IV.

Section IV. Presidential Powers and Responsibilities
1. The President shall serve as the official spokesperson for the Student Government Association and represent it in all matters affecting its interests, welfare and jurisdiction and administer and enforce all legislation to the best of his/her ability.
2. The President shall have the power to take executive action at any time through the interpretation of the statutes, legislation, rules and approved policy of the Student Government Association, but shall be answerable to the Senate for any action at times when the Senate shall deem necessary.
3. The President shall have the duty and authority to take action which is necessary and proper to act on behalf of the Senate in an emergency situation and his/her action shall be legally binding until the next session of the Senate at which time the action must be brought to the attention of the Senate and allowed or discontinued.
4. The President shall have the power to appoint the student members of the Academic Senate Standing Committees; Student Court Justice; Student Activities Council Chairperson; all other officers whose appointment or election is not herein provided, but that the President shall deem necessary and all vacancies that occur in any one semester.
5. The President and/or Vice President may on extraordinary occasions convene the Senate for special meetings.
6. The President shall recommend measures to the Senate which may be necessary and expedient for their consideration at least twenty-four (24) hours prior to Senate meetings.
7. The President shall call and preside over all meetings of the Cabinet and through the Cabinet, shall be responsible for recommending programs which enhance student leadership development, self-growth and the objectives set forth in the Preamble of this Constitution.

Section V. Removal From Office
1. In case of removal of the President from office or of his/her resignation or inability to discharge the powers and duties of said office, the same shall devolve on the Vice President, and the Senate shall declare what officer shall then act as Vice President.
2. The President may, in writing with all reasons stated, ask for the resignation of a Cabinet member or Senator, to be acted upon by the Senate, and will require a two-thirds vote of approval of the Senate.

Section VI. Powers and Responsibilities of the Executive Cabinet
1. Each officer of the Executive Cabinet shall serve as an adviser to the Student Government Association President.
2. The Vice President shall preside over the Senate, assume the powers and duties of the President at his/her request or in the event the office becomes vacant, establish ad hoc and special committees and shall be responsible for other duties of the Student Government Association that the President shall deem necessary.
3. The Student Trustee shall attend the meetings of the Board of Trustees and participate fully in the responsibilities thereof. The Trustee shall keep the student body informed of relevant matters and shall vote in accordance to the best interests of Genesee Community College students.
4. The Secretary shall keep accurate records of Cabinet meetings and Senate meetings, shall prepare the agenda for Senate meetings and shall keep the student body informed through posting minutes of Senate meetings. He/She shall assist the President and Vice President in matters relating to Student Government Association correspondence.
5. The Treasurer shall serve as Chairperson of the Finance Board, make regular reports to the Senate and notify recipients of student funds and the Business Office of changes in budgets and fiscal policies. The Treasurer shall be responsible for the annual budget and its preparation.

ARTICLE IV
THE JUDICIARY

Section I. Judicial Powers
The Judicial powers of the Student Government Association shall be vested in the Student Court.

Section II. Composition
1. The Student Court shall be composed of five Justices whom shall be appointed by the President at the beginning of the first semester.
2. Justices shall serve for the college year; vacancies shall be filled upon confirmation of the Senate.
3. The President shall select the Chief Justice of the Student Court from the appointees and his/her choice shall be confirmed by the Senate.
4. All Justices must be confirmed by the Senate.
5. The Chief Justice shall preside or designate an Acting Chief Justice in his/her absence.
6. No Justice shall hold a Student Government Association Office (Senator or Cabinet).

Section III. Removal of Justices
1. Justices may be impeached for bribery, neglect of duty or violations of the Student Government Association Constitution.
2. Justices shall be removed in accordance with Article II, Section III, subsection 8.

Section IV. Jurisdiction
1. The Student Court shall have jurisdiction over cases or hearings arising under the Student Government Association Constitution and/or cases referred by the faculty or administration which are not in conflict with the responsibilities assigned to the Dean of Students.
2. The members of the Student Court shall familiarize themselves with all campus policies on rights and responsibilities of students.
3. The Chief Justice, with the advise and consent of the Associate Justices, may disqualify the Student Court in any case and refer the matter to the Administration of the College.

Section V. Administrative Procedure
1. The Student Court shall conduct open hearings unless otherwise requested by the defendant(s). This is not to be construed to prohibit the Court from expelling spectators or witnesses if the circumstances require.
2. The defendant(s) shall be notified of charges by the Chief Justice, in writing, through subpoena, and shall be requested to attend a hearing within seven days to respond to the charge(s).
3. The defendant(s) shall be entitled to representation and shall be entitled to the same rights permitted in the off-campus community.
4. A quorum shall consist of three (3) Justices; the concurrence of a simple majority shall be necessary to render a decision.
5. The Chief Justice shall write the outcome of the hearing, the vote and a statement of the opinions of the Justices and shall submit the aforesaid to the defendant(s), the Student Government Association President, the Dean of Students, the Director of Student Activities and all other interested persons.
6. The defendant(s) may appeal the verdict within seven (7) days of its issue.
7. The Chief Justice shall be the official custodian of all records.
8. Court procedures and case summaries shall be kept on file in the Student Government Association office.

ARTICLE V
ELECTIONS and QUALIFICATIONS

Section I. Elections
Elections for all Student Government Association offices shall be conducted in compliance with Elections Board procedures.

Section II. Qualifications for Office and Procedures
1. Any Genesee Community College student shall be eligible to become a candidate for an office on the Cabinet or Senate if he/she complies with all qualifications for office.
2. Students must comply with Article I, Section IV; Article II, Section II, subsections 4, 5, 6 and 7; and Article III, Section III, subsection 1.
3. Candidates must be full time students.
4. Candidates may not hold a seat on the Election Board.
5. Candidates must file a statement of candidacy with the Elections Board and certify the he/she has the necessary GPA, is in good standing, will be eligible for office and declares knowledge of and agreement to comply with the campaign rules set forth by the Elections Board.

Section III. Elections Board
1. The President shall appoint three (3) students to serve on the Elections Board. The Board shall supervise all elections, certify the eligibility of candidates and advertise the vacancies and dates of election.
2. The Board shall establish the polling place(s), dates for voting, procedures and other details and present proposals to the Cabinet for approval at least two (2) weeks prior to the date of election.
3. The Board will make sure that any student who is unable to vote because he/she is away from the campus representing the College in athletics or other official business may vote by sealed ballot given to the Elections Board Chairperson at least (3) days prior to election day.
4. In all elections, students shall be required to present a GCC identification card to receive a ballot. Other forms of identification may be used if specified by the Elections Board and approved by the Cabinet.
5. Members of the Elections Board and the President shall supervise counting the votes in the election. No candidates shall take part in the count. A member of the Administration or faculty shall also be present.
6. The Board shall post and monitor all regulations.


Section IV Vacancies
All vacancies, unless otherwise stated, shall be filled by appointment by the Student Government Association President.

ARTICLE VI
FINANCE BOARD

Section I. Purpose
The Finance Board shall regulate the Student Government Association's budget.

Section II. Duties
1. The Board shall prepare the annual budget and submit it to the Senate and GCCA, Inc. for final approval.
2. The Board shall recommend all financial policies.
3. The Board shall report all policies to the Senate for approval.

Section III. Membership
1. The Board shall include the Treasurer who shall preside as Chairperson.
2. There shall be four (4) student representatives appointed by the President.
3. The Director of Student Activities will serve as advisor.

ARTICLE VII
STUDENT ACTIVITIES COUNCIL

Section I. Purpose
The Student Activities Council shall coordinate, plan and promote social, cultural, educational, and recreational activities for the campus and to encourage participation in co-curricular activities.

Section II. Membership
The Student Activities Council shall include all interested GCC students. One student shall be appointed Chairperson, or, if two students are equally qualified, there shall be co-chairpersons who will work with the Council and Director of Student Activities and report routinely to the Senate. The Chairperson(s) shall be appointed by the President.


ARTICLE VIII
PUBLICATIONS AND COMMUNICATIONS BOARD

Section I. Membership
The Board shall have five (5) students and an adviser charged with resolving publications and broadcasting conflicts and assuring the tenets of good journalism and broadcasting.

Section II. Chairperson
The Chairperson shall be appointed by the President.

Section III. Meetings
Meetings will be called at the discretion of the Chairperson and or in response to a request by the President.


ARTICLE IX
ACTIVITIES COORDINATION BOARD

Section I. Membership
The Activities Coordination Board shall consist of one (1) representative from every club, organization, the Senate, Student Activities Council, and athletic groups.

Section II. Chairperson
1. The Chairperson shall be appointed by the Student Government Association President.
2. The Activities Coordination Board (ACB) shall meet informally at times determined by the Chairperson.

Section III. Purpose
1. Participants shall meet to share ideas and coordinate upcoming events and activities.
2. The ACB shall serve as a communications link for the entire campus.

ARTICLE X
STUDENT ORGANIZATIONS AND CLUBS

Section I. Statements
All student organizations and clubs must file a statement with the President which includes:
a. Name and Purpose
b. Membership
c. Selection of Officers
d. Meeting Times
e. Duties
Statements shall be kept on file in the SGA office.

Any statement violating SGA stipulations must be restricted; the Constitution shall take precedence over any other instrument.

Section II. Recognition
Recognition may be given to funded or non-funded organizations and clubs.

Section III. Inactivity
Organizations and clubs inactive for two (2) or more semesters must resubmit recognition forms to the Senate.

ARTICLE XI
REFERENDUM AND RECALL

Section I. Legal Initiative
The right of referendum shall be granted the Student Government Association of Genesee Community College.

Section II. Procedure for Referendum
Criteria for and procedure regarding the legal initiative shall be as follows:
A. When ten per cent (10%) of the qualified electorate shall sign a petition requiring the enactment of a law or a resolution concerning a question of student policy, the statement of the proposed law or resolution shall be placed on the ballot at the next general election.
B. When 15 per cent (15%) of the qualified electorate shall sign any such petition named in Section II (A), it shall be the right of the representative of the petitioners to request a special election to decide the case of his petition and it shall be the duty of the Student Senate to grant this request.
C. These criteria and procedures do not in any way affect nor change Article XII of this Constitution, with regard to constitutional amendments.
D. In the election, whether general or special, the law or resolution proposed by the initiative petition is shown favored by a simple majority of the voting electorate, the statement of the petition shall become either law, if constitutional, or a resolution stating the firm recommendation of the Student Government Association, whichever the petition proposes.
E. In an election called for through the petition process, a total of twenty per cent (20%) of the Student Government Association must vote in order to constitute a valid election.

Section III. Student Senate Election of Reconsideration
A. If the Student Senate, with just cause, shall decide at the first meeting following the election wherein the proposed law resolution has been shown favored by a simple majority of the voting electorate that said law or resolution does not promote the interest of the student body, the Student Senate may call for an election of reconsideration.
B. This election can only be called if a three-fourths (3/4) majority of the voting membership present at a Student Senate meeting wish it.
C. If called, the Election of Reconsideration must occur within two (2) academic weeks after said meeting of the Student Senate wherein it was called for.
D. The election shall be for the purpose of deciding against the case of the proposed law or resolution.

Section IV. Recall Election
Upon petition of fifteen per cent (15%) of the members of the Student Government Association, it shall be the duty of the Student Senate to hold a recall election. Elections called in this manner shall include only an officer or senator named in the petition, and the terms of the incumbents of said office shall terminate upon the election of successors.

Section V. The Recall
Any officer or senator may be recalled by a majority of the ballots cast at the recall, provided that the total ballots cast amount to three-fourths (3/4) of the total vote cast at the election in which the officer being recalled was elected.

Section VI. Legislative Recall
Any act of the Student Senate or the Finance Board, except, as provided in Article XII governing amendments, may be modified or rejected by two-thirds (2/3) of the votes cast at a special election, provided the matter upon which action is taken shall have been presented to the Student Senate by a petition signed by ten per cent (10%) of the qualified electorate. Upon receipt of the petition, the Student Senate must call a special election.

ARTICLE XII
AMENDMENTS AND RATIFICATION

Section I. Amending Process
Any article or section of this Constitution my be amended by a receiving of two-thirds (2/3) majority of the votes cast in any election, provided that the proposed amendment is accompanied by the recommendation of the Student Senate or a petition signed by at least ten (10%) of the Student Government Association.

Section II. Amendment Notification
All proposed amendments to this Constitution shall be posted at least two (2) academic weeks prior to the day set for the election.

Section III. Administrative Changes
Changes in the language of this Constitution for the purpose of clarifying, but not of changing the meaning or intention of this Constitution may be made by a two-thirds (2/3) vote of the Student Senate.

Section IV. Ratification
This Constitution shall be ratified, when approved by a two-thirds majority of the voting members of the Student Senate, upon receiving two-thirds (2/3) or more of the votes cast in the next election and upon approval of the Board of Trustees.

Dated: August 2, 1995

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