ASUCD Constitution

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ASUCD Constitution

Adopted December 1996
As amended February, 2009
Student Government 348 Memorial Union
One Shields Ave.
Davis, CA 95616-8530
(530) 752-3632 FAX: (530) 752-8548

  1. ASUCD STUDENT BILL OF RIGHTS
  2. ARTICLE I NAME AND MEMBERSHIP
  3. ARTICLE II ASUCD LEGISLATIVE BRANCH
  4. ARTICLE III ASUCD EXECUTIVE BRANCH
  5. ARTICLE IV METHOD OF ENACTMENT OF LEGISLATION
  6. ARTICLE V RECALL, INITIATIVE AND REFERENDUM
  7. ARTICLE VI AMENDING THE CONSTITUTION
  8. ARTICLE VII ASUCD JUDICIAL BRANCH
  9. ARTICLE VIII ASUCD EXTERNAL RELATIONS
  10. The Student Representation Act
  11. Club Finance Council Entitlement Act

ASUCD STUDENT BILL OF RIGHTS

1. You have the right to be free from discrimination and harassment on the basis of your race, gender, sex, ethnicity, religion, national origin, disability, sexual orientation, status within or outside the university, or political belief in all activities sponsored or conducted by the University, its affiliates, ASUCD, or campus student groups as addressed in the UC Davis Principles of Community.

2. You have the right to receive fair and equitable treatment in academics. This includes school and departmental admissions, enrollment, and access to assistance and other services. You have the right to have your work graded fairly and without regard to non-academic criteria. If you believe that your work was graded unfairly, or if your academic rights have been infringed in any way, you have the right to pursue recourse, such as grievance or an appeal. You have the right to be advised on your options and be represented when you pursue such recourse.

3. If you are accused of misconduct by the University, you have the right to be represented at any stage of the proceedings. You may be represented by anyone of your choosing. You have the right to see your disciplinary file before responding to the accusation, and you have the right to refuse to answer any questions posed to you at any time. You also have the right to a hearing (closed or open to the public, as you choose) and a right to appeal. You have the right to cross-examine witnesses testifying against you, and to call witnesses and present evidence on your behalf. Your choice to exercise your rights may not be used against you.

4. You have the right to receive fair and equitable financial treatment. You have the right to receive a financial aid package that is commensurate with your needs based on the Free Application for Federal Student Aid (FAFSA). If you are a California resident, you have the right to be free from being charged out-of-state tuition fees. If you believe you are denied these rights, you have the right to appeal, and you have the right to be represented by anyone of your choosing.

5. You have the right to receive fair treatment from the police, whether you are a suspect or otherwise. You have the right to be free from illegal police brutality and harassment. You have the right to pursue legal and administrative action against law enforcement organizations and individual officers who violate your rights.

6. You have the right to a fair vote in all ASUCD elections without any form of disenfranchisement. All ASUCD elections shall be fair and proper as outlined in the ASUCD elections codes.

7. ASUCD acknowledges that there are other rights not withstanding this bill of Rights. Therefore, ASUCD rights are not limited to the aforementioned.

ARTICLE I NAME AND MEMBERSHIP

Section 1. The official name of this organization shall be the Associated Students, University of California, Davis hereafter referred to as the ASUCD.

Section 2. Membership shall consist of all regularly enrolled undergraduate students; those graduate students and those having an authorized waiver of University enrollment fees. The ASUCD fee shall not be adjusted except by a referendum vote of the ASUCD membership.

Section 3. Graduate or professional students can pay the fee to ASUCD and use ASUCD services. However, graduate and professional students may not vote in the ASUCD elections and cannot hold an elected or appointed office in ASUCD.

Section 4. No ASUCD member shall hold more than one elective ASUCD position concurrently.

Section 5. No ASUCD member shall concurrently hold both an elective ASUCD position and an appointed ASUCD position requiring approval of the Senate.

Section 6.

Section 7. In case of the dissolution of ASUCD, its assets remaining after payment of, or provision for payment of, all debts and liabilities of this association shall be distributed to the University of California, Davis. However, if the named recipient is not then in existence or no longer a qualified recipient, nor willing or able to accept the distribution, then the assets of this organization shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable purposes and which has established a tax-exempt status under section 501(c)(3) of the Internal Revenue Code.

ARTICLE II ASUCD LEGISLATIVE BRANCH

Section 1. The legislative authority of the ASUCD shall be vested in the ASUCD Senate (hereafter referred to as the Senate) which shall consist of twelve (12) Senators, who shall serve terms of one year. The entire Senate shall be defined in this document as the total number of Senators who are currently holding office.

Section 2. The Senate shall promote the welfare and interests of the members of the ASUCD, subject to the limitations enumerated in this Constitution. All Senate actions not enumerated in this Constitution must be carried out through legislation (consistent with the provisions of Article IV of this Constitution).

Section 3. The Senate shall have authority over and responsibility for: (1) all ASUCD revenues and their allocations, (2) maintenance, use and title to all ASUCD property, and (3) the development of all policies and regulations necessary for carrying out the duties enumerated in this Constitution and for the smooth and efficient operation of the Association, subject only to the limitations enumerated in this Constitution.

Section 4. Any member of the ASUCD in good academic standing, based on the student's cumulative GPA, shall be eligible to run for Senate. However, candidates for Senate shall conform to the campaign regulations enacted by legislation by the Senate or shall forfeit their eligibility to hold office.

Section 5. There shall be two (2) General Elections held during each academic calendar year. One shall be held during the seventh (7th) week of Fall Quarter and the other shall be held during the seventh (7th) week of Winter Quarter. Six (6) Senate seats shall be filled in the Fall Quarter Election and six (6) seats shall be filled in the Winter Quarter Election. In addition, any senate seats vacant at the time of an election shall also be filled. Senate elections shall be conducted using the system of proportional representation called Single Transferable Voting, more commonly known as Choice Voting. The method of voting and counting shall be described in the ASUCD Elections Regulations. To permit an independent count of the ballots, the rankings cast shall be made available upon public request. Each winning candidate eligible to hold office will be issued a certificate of election during the week following the election at the Senate meeting. Upon receipt of a certificate of election, the newly-elected Senator will immediately assume office.

Section 6. The Senate must elect a President Pro Tempore from amongst themselves at the first meeting of every quarter by a majority vote of the entire Senate. The Senate President Pro Tempore shall serve for that quarter as the official representative of the Senate and shall assume all responsibilities enumerated in this Constitution and the statutes of the Senate. In the event that a permanent vacancy occurs in the office of the Senate President Pro Tempore, the Senate must elect, by majority vote at their next official meeting, a new President Pro Tempore from amongst themselves to serve for the remainder of that quarter.

Section 7. The Senate shall officially hold "regularly scheduled" meetings weekly during Fall, Winter, and Spring Quarter, and "special" meetings at the call of the President, or at the request of any five (5) Senators. A simple majority of the voting members of the Senate shall constitute a quorum to hold an "official" meeting in order to conduct the business of the ASUCD.

Section 8. All official meetings of the Senate and its subordinate bodies shall be open to the public, except for closed sessions which may be called during a regular meeting for the discussion of personnel and employee grievance matters, investment decisions and litigation. An official meeting shall be one in which a quorum of the members of the Senate are present with at least twenty-four hours written notice in a public place on campus and contacting the campus news media. The provisions of this section shall not apply to social functions in which a quorum of Senate members is present, provided that no business of the Association is discussed. In the event that any official meeting is willfully interrupted by an individual or group of persons so as to render the orderly conduct of the meeting unfeasible or order cannot be restored by the removal of those individuals, the members of the Senate by a majority vote may order the meeting room cleared and continue in session provided that representatives of the press who were not engaged in the disruption are allowed to remain. The Senate shall not conduct any meeting in a facility that prohibits the admittance of any person on the basis of race, religion, handicap, or sex.

Section 9. Official minutes shall be kept noting all actions taken at Senate meetings. They shall be considered part of the public record and may be inspected by any member of the student body.

Section 10. Consistent with the provisions of this Constitution, the Senate and all subordinate bodies may enact rules and procedures necessary and proper for their efficient operation and for the general welfare of the ASUCD membership.

Section 11.

Section 12. The subordinate bodies of the Senate will consist of the following:

Section 13. (1) Members and Chairpersons of ASUCD Commissions shall be appointed by a committee consisting of: The current or outgoing Chairperson of the hiring Commission, one voting member of the hiring Commission and one Chairperson of another ASUCD Commission both chosen at the discretion of the Chairperson of the hiring Commission, and two Senators chosen at the discretion of the Senate President Pro Tempore. In the event that the outgoing Chairperson of the hiring Commissions reapplying for the position, the Vice Chairperson of that Commission shall take his/her place on the interviewing committee and assume all responsibilities outlined in this section. In the event that both the Commission Chairperson and Vice Chairperson are applying for the position of Chairperson, the Commission shall select a designee by majority vote to replace the outgoing Chairperson of that Commission (on the interviewing committee). All members and Chairpersons of ASUCD Commissions shall be subject to approval by a majority vote of the Senate. Members and Chairpersons may only be removed by a 2/3 majority vote of the entire Senate. The number of members and terms of these members for each Commission shall be determined by legislation.

Section 14. (1) The Senate may, by a 2/3 majority vote of the entire Senate, remove any ASUCD officer previously appointed by the President and confirmed by the Senate.

Section 15. (1) The ASUCD Vice President shall serve as the President of the Senate and preside over all Senate meetings as an unbiased parliamentarian. In the event that the Vice President is unable to attend a Senate meeting, the Senate President Pro Tempore shall assume these responsibilities. In the event that both the Vice President and Senate President Pro Tempore are unable to attend a Senate meeting, the Senate must appoint by majority vote, a temporary presiding officer from amongst themselves, who shall assume these responsibilities for that meeting.

ARTICLE III ASUCD EXECUTIVE BRANCH

Section 1. The chief executive responsibilities of the ASUCD shall be vested in the ASUCD President (hereafter referred to as President) during a term of one year.

Section 2. (1) Any member of the ASUCD, who shall have completed no less than sixty (60) quarter units of University credit, or their equivalent, and shall have been a registered full-time or part-time student at the University of California, Davis during one or both of the two (2) quarters immediately preceding the quarter in which elected, shall be eligible to hold the office of President. However, candidates for President and Vice President shall conform to the campaign regulations enacted by legislation by the Senate or shall forfeit their eligibility to hold these offices.

Section 3. (1) The President and Vice President shall be elected together.

Section 4. (1) The President shall serve as the chief executive officer of the ASUCD and shall be responsible for and coordinate the functions of the office. The President shall have the sole authority to make treaties, memorandums of understanding, or other legally binding contracts on behalf of the ASUCD, subject only to ratification by a 2/3 majority of those Senators present. The Vice President shall act as the presiding officer over all Senate meetings and shall assist in assuring the smooth and efficient operation of the ASUCD.

Section 5. (1) During any period of time in which the President is unable to fulfill the duties of the office, the Vice President will act as President and exclusively appoint a temporary Vice President, to be approved by a majority vote of all Senators present, for that period of time.

Section 6. The President shall, during the first (1st) week of Spring Quarter and the eighth (8th) week of Fall Quarter, address the Senate regarding the State of the Association, and recommend to their consideration such measures as he/she shall judge necessary and expedient.

ARTICLE IV METHOD OF ENACTMENT OF LEGISLATION

Section 1. (1) The Senate shall introduce and consider legislation at any official Senate meeting with quorum. All introduced legislation will be referred to the appropriate Commission(s) at the discretion of the presiding officer, unless overruled by a majority vote of the entire Senate. The Senate may only consider legislation returned by the Commission(s) to which it was sent, unless legislation is revived by the Senate or deemed "urgent."

Section 2. (1) The Senate shall, by majority vote, have power to place before a vote of the membership of ASUCD any measure enacted pursuant to this Article. These shall include, but shall not be limited to, approval of Senate legislation, non-binding advisory measures, and resolutions expressing the opinion of the membership of ASUCD.

ARTICLE V RECALL, INITIATIVE AND REFERENDUM

Section 1. (1) Initiative - "Initiative" shall mean a measure placed on the ballot for a vote of the membership of ASUCD by means of gathering signatures of ASUCD members as outlined below and in legislation enacted pursuant to this Constitution. A measure which only nullifies legislation previously enacted by the ASUCD Senate shall be defined as a "Referendum" and not as an "Initiative".

Section 2. (1) Referendum - "Referendum" shall mean a measure placed on the ballot for a vote of the membership of ASUCD which would nullify legislation previously enacted by the ASUCD Senate. A referendum measure shall be placed on the ballot in accordance with the provisions outlined below and in legislation enacted pursuant to this Constitution.

Section 3. (1) Recall - "Recall" shall mean the removal of any ASUCD Senator, the ASUCD President, and/or the ASUCD Vice President by a vote of the membership of ASUCD.

Section 4. (1) Any fee-based initiative or fee-based referendum requiring a student vote may be done so in accordance with ASUCD Election Codes, and may only apply to ASUCD members if it is duly established by a 60% majority of those ASUCD members who voted on the measure.

ARTICLE VI AMENDING THE CONSTITUTION

Section 1. (1) A proposed amendment of this Constitution may be submitted to a vote of the ASUCD membership upon an affirmative vote of a simple majority of the entire ASUCD Senate (consistent with the provisions of Article IV of this Constitution). The proposed amendment shall then be referred to a vote of the ASUCD membership on a date to be determined by the Senate. An affirmative vote of 60 per cent of those voting shall be required for its adoption. Constitutional amendments become effective immediately upon passage or as otherwise provided in the amendment.

Section 2. (1) Proposed amendments to the ASUCD Constitution may be placed upon the ballot by initiative as provided by Article V, Section 1, of this document. An affirmative vote of 60 per cent of those voting shall be required for its adoption.

ARTICLE VII ASUCD JUDICIAL BRANCH

Section 1. (1) The judicial authority of the ASUCD shall be vested in one ASUCD Court (hereafter referred to as the ASUCD Court) and the Student Judicial Affairs/ Campus Judicial Board.

Section 2. (1) The ASUCD Court shall:

Section 3. (1) The ASUCD Court shall consist of nine (9) ASUCD members.

Section 4. (1) No ASUCD Court members shall hold an elective office within ASUCD or an appointed position in the ASUCD that constitutes a conflict of interest to their impartiality as Justices.

Section 5. (1) In performing the duties specified in Section 1 (1) above, the ASUCD Court shall proceed according to rules and procedures as may be enacted pursuant to this Constitution.

Section 6. (1) Members may remove themselves from an individual case or be removed by the ASUCD Court from an individual case according to rules and procedures enacted pursuant to this Constitution on the grounds that the challenged member cannot render an impartial and unbiased opinion.

Section 7. (1) A simple majority of the entire ASUCD Court shall constitute a quorum to hold an "official" meeting in order to conduct business. A simple majority of ASUCD Court justices shall need to reach consensus in order to publish a binding opinion from the court.

Section 8. (1) Complaints alleging that a candidate violated election regulations will be filed with the Elections Committee

  1. The ASUCD Court shall have appellate jurisdiction over elections. The Elections Committee shall retain original jurisdiction over potential disqualifications or violations in elections, but specific questions of law may be appealed to the ASUCD Court. As such, the ASUCD Court cannot sanction a candidate, but the Elections Committee must follow legal precedent set by the Court.

  2. If the Elections Committee finds that a candidate may be in violation of University regulations, or that the candidate’s violation may have constituted a serious and wanton breach of the public trust, the committee must file a complaint with Student Judicial Affairs/Campus Judicial Board.

  3. If the Elections Committee finds that a candidate has forfeit their eligibility for office as described in Article II, Section 2 of this Constitution, the decision may be appealed to Student Judicial Affairs/Campus Judicial Board.

ARTICLE VIII ASUCD EXTERNAL RELATIONS

Section 1. (1) Fee-based initiatives cannot be passed for dedicated fees towards membership dues for any external organization. Fee-based initiatives may still be passed so long as they do not fund these membership costs. An external organization is any organization which operates outside of the jurisdiction of ASUCD and the UC Davis campus.

Section 2. (1) Section 1 does not preclude ASUCD from entering into membership with an external organization. The ASUCD Senate may still dedicate funding from the ASUCD General Fund towards the membership dues of these organizations at their discretion, as outlined in Article IV Section 5.

The Student Representation Act

ABSTRACT: Under current rules, UC Davis is the only campus mandated to be represented by the University of California Student Association (UCSA), a lobbying organization on behalf of University of California students. The Ballot Measure serves not to end ASUCD’s affiliation with UCSA, but gives ASUCD a choice as to whom it is represented by.

A Ballot Measure to establish the “The Student Representation Act/UCSA Re-Affiliation Act” by placing the following before a vote of the Associated Students of the University of California, Davis (ASUCD) Membership on the Fall 1999 election ballot.

BACKGROUND: UCSA was established three decades ago to represent and lobby for the interests of University of California students as agreed upon by its Board of Directors, which is made up of member campuses. Furthermore, ASUCD is unlike other UC student associations in that we are required by the 1995 “UCSA Affiliation Act” Ballot Measure to contribute to UCSA, limiting ASUCD’s choices and negotiation ability. Finally, ASUCD has not distributed membership fees as intended in the 1995 “UCSA Affiliation Act” because the method is not consistent with ASUCD practices.

Section 1. ASCUD hereby recognizes UCSA as an official system-wide representative body of University of California students, so long as UCSA recognizes ASUCD as a member in good standing with all rights and privileges guaranteed by the UCSA Charter and bylaws.

Section 2. ASUCD shall contribute to UCSA the minimum amount deemed necessary to remain a member of good standing, as determined by the UCSA Board of Directors. ASUCD may at any time recognize other entities as official representatives or discontinue membership in UCSA by enactment of legislation or through the annual operating budget. ASUCD shall only contribute UCSA membership fees via the annual operating budget.

Section 3. ASUCD hereby updates the 1995 “UCSA Affiliation Act” Ballot Measure with “The Student Representation Act/UCSA Re-affiliation Act” Ballot Measure.

Section 4. This Ballot Measure shall become null and void upon enactment of another Ballot Measure, which specifically enumerates nullifying this Ballot Measure. This Ballot Measure shall also become null and void upon enactment of legislation that specifically enumerates nullifying this Ballot Measure passed by a majority of the ASUCD Senate and signed by the ASUCD President in the event that one of the following conditions exist: 1) The minimum amount per student deemed by the UCSA Board of Directors necessary for an association to remain in good standing as full, voting members with all rights and privileges is set grossly unequally so that students of one association are taxed significantly more than students of another association; 2) The composition of the UCSA Board of Directors deviates from either equal or proportional representation of student associations; or 3) The decision-making authority of UCSA is changed in such a way as to make the Board of Directors a subordinate body or that grants voting membership on the UCSA Board of Directors to any person(s) not elected or appointed by a student association within the purview of the University of California to represent all of the students of that student association.

Club Finance Council Entitlement Act

ABSTRACT: A Constitutional Amendment to establish the Club Finance Council Entitlement Act by placing the following before a vote of the ASUCD Membership on the Winter Quarter 2001 election ballot.

BACKGROUND: This Constitutional Amendment will in no way increase students’ quarterly fees. Currently, ASUCD leadership has the discretion through the annual budget not to allocate funds to the Club Finance Council (CFC) for disbursement to over 250 clubs and organizations. This Constitutional Amendment obligates ASUCD leadership to appropriating at least 45 cents per student per quarter.

SECTION 1. The Associated Students, University of California, Davis shall grant to the Club Finance Council (CFC) a minimum of forty-five (45) cents per undergraduate per academic quarter each fiscal year. ASUCD may annually set the CFC grant level beyond the minimum funding.

SECTION 2. The Associated Students, University of California, Davis shall only contribute to the CFC grant via the annual operating budget.

SECTION 3. Issuance of the CFC grant is contingent upon: 1) finalization of the annual operating budget; 2) all allocation and actions by the Club Finance Council is in accordance with CFC bylaws; 3) annual authorization by the ASUCD President.

SECTION 4. This Constitutional Amendment shall become null and void upon enactment of another constitutional amendment which specifically enumerates nullifying this Constitutional Amendment.

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