Wheaton College Norton, Massachusetts
Wheaton College
Student Government Association

The By-Laws

ARTICLE I - LEGISLATIVE BRANCH

Section I - Wheaton College Student Government Association Senate

A.               Senate Procedures

1.            The Vice President of the Student Government Association shall call the Senate to meet no less than twice a month.

2.             The Vice President shall serve as President of the Senate and shall cast the deciding vote only in the case of a tie.

3.                 Special meetings of the Senate shall be called at the discretion of the Vice President or upon a petition signed by two-thirds of the members of the Senate requesting that a meeting be held.  The time, place and business to be taken up at these meetings shall be posted.  No meeting shall be considered valid unless these procedures are followed.

4.                 For the transaction of all official business in the Senate, one-half plus one of the membership shall constitute a quorum.  Any proposal shall receive an affirmative vote by a majority of those present to become legislation or policy.

5.                 Senate meetings shall be open to members of the Wheaton community.

6.                 Senate meetings shall be conducted according to Robert's Rules of Order-    Parliamentary Procedures.  These Procedures shall be abided by in all applicable cases.

7.                 Strict time limits shall be imposed on the floor of the Senate:

a.                On each bill senators shall be limited to five (5) minutes the first time they speak, and two (2) minutes for each additional time.

b.                 Each member may speak not more than once until every member has had an opportunity to contribute to the issue of discussion.

c.                    The time limit of each meeting is two hours, unless amended by the majority of the membership present.

d.                   The Chair shall retain the power to interrupt speeches for the purpose of keeping the debate on topic and progressing in an orderly fashion.

8.                 Business requiring a motion shall be submitted to the Vice President prior to the meeting and in sufficient time to be placed on the agenda by the Executive Board of the Student Government Association of Wheaton College.  New business requiring a motion introduced in the course of the meeting shall be allowed if so voted by a majority of the membership present.

9.                 The Senate shall determine the rules of its proceedings, and with the concurrence of the majority of the membership present, expel anyone deemed guilty of disorderly behavior.

10.                 Any bill or legislation tabled by Senate at a Senate meeting that has not been removed from the table after six weeks following its original tabling shall be considered defeated, unless otherwise extended by Senate.

  1. Every bill that has been passed by Senate shall, before it becomes official, be presented to the President of the Student Government Association.  The President shall sign if he/she approves, or return it with his/her objections to the Senate who shall enter the objections in the minutes and proceed to reconsider the bill.  If after reconsideration the bill is approved by a majority of the membership of the Senate present, the bill shall be forwarded to the President of Wheaton College for his/her signature.  If any bill shall not be returned to the Senate within twenty (20) academic days after being presented to the President of Wheaton College, the bill shall become official.

B.                Responsibilities of Senators

1.            Attendance

a.            Members shall attend all meetings of the Senate.

2.            Representation

a.            Emails

1)            Senators are mandated to send out a minimum of two emails each month updating constituents on the activities of the Senate.

2)            Senators are encouraged to send out additional emails when appropriate.

ARTICLE II - FINANCES

Section I – Budgeting of the Student Activities Fee

A.               The Student Activity Fund is determined by multiplying the Student Activities Fee (SAF) of that year by the number of students enrolled.

B.               All recognized and officially chartered organizations, classes, the Senate, and the Executive Board of the Student Government Association of Wheaton College are eligible for funding from the revenues generated by the Student Activities Fee collection.  The funding process will take place in the spring for use in the upcoming academic year and will follow the guidelines set forth by the Student Finance Committee.  Those guidelines, approved by the majority of the Senate membership, will be published prior to the beginning of the funding process.

C.               Receipt of the final SAF figure from the Business Office in the fall will indicate actual monies available for the year.  Discrepancies between the estimated and actual SAF total will be dealt within the following ways:

1.            If the actual SAF total is less than the estimated total, each and every individual budget will be cut by an equal percentage.  (For example:  If the SAF is $1000 less than projected, and an individual club is 10% of the total budget, the club's budget will be cut by $100, as 10% of $1000 equals $100).

2.            If the actual SAF is greater than the estimated total, the Finance Committee will recommend to the Senate where the additional funds may be placed.

Section II - Monitoring System

A.               The purpose of an audit is to have each club and organization report to the Finance Committee of the Senate how they have been spending their funds.  The findings of Audits can prove positive or negative for clubs, organizations, and classes.

1.            An audit is scheduled by the Treasurer of the Student Government Association acting in his role as the chair of the Finance committee. They may be called for two reasons:

a.            A mandatory audit is to be performed on each active club once a year.

b.            Spot audits may be called at the discretion of the Treasurer and/or at the request of the Senate. Once the spot audit is announced, the club or organization has 24 hours before the finance committee examines its files.

2.            Once a spot audit is announced, the club or organization has 24 hours before the finance committee examines its files. Regular Audits shall be announced in advance.

3.            In their examination the committee should take into account:

a.            The Club's constitution.

b.            The Club's budget proposal as submitted to the Finance Committee during tier fund allocations.

c.            The Student Government Association Statement of Priorities and Current Vision.

d.            The College Honor Code.

e.            The Club’s diligence in accounting.

f.            The Club's expenditures for the last two years, the current year and the alignment between the proposed budget and the actual manner in which the funds were spent.

4.            Upon completion of this level of an audit the Finance Committee shall:

a.            State that the club has no further obligation to the committee, and notify the club as such.

b.            Ask that the club meet with the committee within the next week. They may request a meeting to:

1)            Receive clarification on any issue.

2)            Ask any questions pertaining to the operations of the club.

5.            Upon completion of this level of an audit the Finance Committee shall:

a.            State that the club has no further obligation to the committee, and notify the club as such.

b.            Bring the audit before the Senate for potential sanction against the club.

1)            In the event that an audit is brought before the Senate, The Finance Committee can suspend that club's funds until the meeting.

2)            The Student Government Association Treasurer is to present to the Senate the findings of the Finance Committee's audit and, on behalf of the Finance Committee, recommend action.

3)            The Senate has the power and discretion to:

i.            Put the club on monetary probation.

a)            On Monetary Probation all monies of that club are frozen for the remainder of the semester, and can only be accessed upon approval from the Finance Committee.

ii.            Suspend funds for a given time period if greater then a semester is deemed necessary.

iii.            Withdraw funds for the remainder of the semester.

iv.            Remove part of the club's funds.

v.            Withdraw the club's constitution from the Student Government Association files.

vi.            Bring a case to the College Hearing Board if deemed necessary.

B.            At the close of each audit, regardless of its outcome, the Student Government Association Treasurer will draft a letter that will be placed in the clubs permanent file. This letter should state that an audit was completed, the outcome of that audit, and any other pertinent information or recommendations.

Section III - Reversion of Funds

A.            At the close of each academic year, the unused portion of each group's budget will be reverted to the Holding Account.

B.            Monies which were generated through fundraising will remain in each group's account and will not be subject to reversion at the close of the year.

Section IV - Fundraising

A.            Groups may fundraise monies to augment their budgets under the following guidelines:

1.            Fundraising projects must first receive approval of the Office of Student Life.

2.            Groups may not establish an account outside the College for any purpose.

3.            Money may be used at the discretion of the group's officers in any manner consistent with the mission of the group.

4.            Questionable spending is subject to review by the Executive Board.

ARTICLE III - THE VENTURE FUND

Section I - Purpose of the Venture Fund

A.            To fund ventures which will improve and enhance the co-curricular life and awareness of the Wheaton community.

Section II - Use of the Venture Fund

A.            The fund shall be used to underwrite capital investments and maintain student equipment and facilities and fund the Secretary as well as other necessary personnel associated with the organizations.

B.            The fund shall be used for projects and programs that benefit students where there is no alternative source of money.  It shall be known that funding cannot be expected to be provided on a yearly basis.  Funding of student conferences shall occur with the stipulation that the participants share with the Venture Fund Committee, as well as with the Wheaton community, the value of their experience (writing newspaper articles, speaking to the Senate, or in classes where appropriate).

C.            The fund shall be used to assist in the funding, either partially or entirely, of Student Government Association programs and individual board projects that directly benefit the community.  It is with the understanding that there will be proposals submitted to the Venture Fund for funding of such activities to be considered.

D.            The use of the fund is flexible and should be used at the discretion of the Committee.  The use of this fund should adapt to current campus, student and organizational needs.

Section III - Rules of the Venture Fund

A.            The ideal proposal for this fund is one which will reach as many students as possible.

B.            Every Venture Fund applicant must submit a proposal before any monies are allocated and approved by the Venture Fund Committee.

C.            There shall be no after-the-fact funding without the approval of the Venture Fund Committee.

D.            The quorum for voting on proposals is one-half (1/2) the membership plus one.

E.            The applicants requesting funding are encouraged be present at proposal hearings.

F.            Funding for student conferences should not exceed $250 per person.

G.            All allocated money must be spent according to budget.  All monies not used must be diverted back into the fund for allocation in the next fiscal year.

H.            All requisitions for new accounts started with funding from the Venture Fund must be approved by the Student Government Association Treasurer before processing.

I.            Gifts for individuals are the absolute lowest priority to fund. Additional funding for a gift to be used and appreciated by the entire Wheaton community should be looked at and regarded separately.

J.            The Venture Fund Committee can go back to the Student Government Association Executive Board for further suggestions when discrepancy exists.  The Venture Fund ultimately has the final approval on all proposals.

ARTICLE IV - ELECTION CODE

Section I- Requirements for Candidacy

A.            Executive Board

1.            President of the Student Government Association must currently be a matriculated sophomore or junior in good academic and social standing who meets at least one of the following criteria:  1) has served at least one term as a Senator, 2) has served at least one term as an Executive Board Member, 3) has served at least one term as a Class Officer, or 4) is an individual who has had pertinent experience which meets the approval of the Executive Board.

2.            Vice President of the Student Government Association must currently be a matriculated sophomore or junior in good academic and social standing who meets at least one of the following criteria:  1) has served at least one term as a Senator, 2) has served at least one term as an Executive Board Member, 3) has served at least one term as a Class Officer, or 4) is an individual who has had pertinent experience which meets the approval of the Executive Board.

3.            Secretary of the Student Government Association must currently be a matriculated freshman, sophomore or junior in good academic and social standing and an individual who has had pertinent experience which meets the approval of the Executive Board.

4.            Treasurer of the Student Government Association must currently be a matriculated freshman, sophomore or junior in good academic and social standing and an individual who has had pertinent experience which meets the approval of the Executive Board.

5.            College Hearing Board Chair of the Student Government Association must currently be a matriculated sophomore or junior in good academic and social standing who meets at least one of the following criteria:  1) has served for at least one term as a College Hearing Board Member, or 2) is an individual who has had pertinent experience which meets the approval of the Executive Board.

6.            Programming Council Chair of the Student Government Association must currently be a matriculated sophomore or junior in good academic and social standing who meets at least one of the following criteria:  1) has served for at least one term as a Programming Council Member, or 2) is an individual who has had pertinent experience which meets the approval of the Executive Board.

7.            Educational Council Chair of the Student Government Association must currently be a matriculated sophomore or junior in good academic and social standing who meets at least one of the following criteria:  1) has served for at least one term as an Educational Council Member, or 2) is an individual who has had pertinent experience which meets the approval of the Executive Board.

8.            Intercultural Board Chair of the Student Government Association must currently be a matriculated sophomore or junior in good academic and social standing who meets at least one of the following criteria:  1) has served for at least one year on the Intercultural Board, or 2) is an individual who has had pertinent experience which meets the approval of the Executive Board.

9.            The Senior Representative to the Board to the Trustees of the Student Government Association must be a matriculated member of the senior class in good academic and social standing who served the previous year as the Junior Representative to the Board of Trustees, pending review by the Executive Board and the Senate.  Rules for the election of the Senior Representative to the Board of Trustees are established in Article IV, Section II, Part A (4), of the By-Laws.

B.            Class Councils

5.            The eight (8) Class Senators of the Student Government Association must be matriculated students of Wheaton College in good academic and social standing.

6.             The Class Council Representatives (4, one per class) must be matriculated students of Wheaton College in good academic and social standing appointed by application to attend and vote in all matters of the Senate, representing the interests of said Class Council.

C.            Senators-at-Large

1.            The five (5) At-large Senators of the Student Government Association must be matriculated students of Wheaton College in good academic and social standing.

C.            Senators

1.            Senators of the Student Government Association must be matriculated students of Wheaton College in good academic and social standing.

2.            The Executive Board has the power to grant exceptions to the rules regarding Senate qualifications.

D.            Junior Representative to the Board of Trustees

1.            The Junior Representative to the Board of Trustees must currently be a sophomore in good academic and social standing who meets at least one of the following criteria: 1) has served for at least one term as a Member of the Student Government Association, or 2) is an individual who has had significant campus involvement which meets the approval of the Executive Board.

2.            The Representative is encouraged to attend Wheaton College for both semesters of the term.

E.            College Hearing Board

1.            College Hearing Board Chair of the Student Government Association must meet the requirements stipulated in Article IV, Section II, Part A (5) of the By-Laws.

2.            Vice Chair of the College Hearing Board who is currently a freshman, sophomore, or junior in good academic and social standing.

3.            Secretary of the College Hearing Board who is currently a freshman, sophomore or junior in good academic and social standing.

4.            Member-at-Large of the College Hearing Board who is currently a freshman, sophomore or junior in good academic and social standing.

F.            Senior Class Gift Chairs

1.            Two members of the junior class appointed in the spring by the duly elected Senior Class President-Elect.

a.            If deemed appropriate more than two Gift Chairs may be appointed at the discretion of the Class President-Elect and Class Council

2.            The Senior Class President-Elect and Class Council shall make these appointments in consultation with the Office of Alumnae/i Relations and Annual Giving.

3.             The Senior Class President should consider potential appointees' campus involvement, connection to the class, and applicable skills.  More specifically:

a.             If the appointee is a well respected member of the Wheaton Community.

b.            If the appointee can work well with the other members of the Senior Class Council.

c.            If the appointee understands the importance of philanthropy and giving back to Wheaton and is both qualified and not afraid to educate others and ask them for their support.

Section II - Student Government Association Elections

A.            Election Procedures

1.            These procedures are to be reviewed every two years by a Senate Committee chaired by a member of the Executive Board.

2.            All Student Government Association Positions

a.            Student Government Association Elections shall be governed by the Executive Board.

b.            The use of the phrase “at least one term” in this text means a full year term, fully served, to which members of the Student Government Association were elected or appointed.

c.            Prospective candidates shall meet for election informational sessions to have their name appear on the ballot.

d.            Declarations of candidacy for Student Government Association positions shall be made by candidates to the Executive Board within a time period specified and announced publicly by the Executive Board.

1)            Candidates running together must note this on their individual declarations of candidacy.

e.            The Executive Board of the Student Government Association shall compile an authorized list of the candidates for all positions based upon approved written declarations and the following criteria:

1)            No student shall be elected to fulfill more than one position in the Student Government Association nor can a student serve more than one elected position at a time.

2)            All candidates must be in good social and academic standing. This must be verified by the Dean of Students and the President of the Student Government Association.

f.            The Executive Board of the Student Government Association shall provide opportunities for each candidate to express their views to the Wheaton community.

g.            All candidates are required to participate in speech night.

1)            Candidates who are unable to attend speech night (i.e. due to their absence in being abroad) may either:

a. Designate a representative to speak on their behalf

b. Use alternate methods of communication (i.e. web cam)

h.Student Government Association Spring Elections shall take place on a date specified by the Executive Board and Election Commission in April for the following positions:

1)            All Members of the Executive Board.

2)            All prospective Sophomore, Junior and Senior Class Officers.

3)            All Members of the College Hearing Board.

4)            The Representative to the Board of Trustees and Alumni

5)             Class Senators (six (6), two (2) per class)

i.            Student Government Association Fall Elections shall take place on a date specified by the Executive Board during the second month of classes in the first academic semester of the year for the following positions:

1)            All Freshman Class Officers and two (2) Freshman Class Senators

2)            Any positions that failed to be filled in the previous Spring Elections.

3 )             Five (5) Senators-at-Large

j.            The positions described in Article IV, Section I of the By-Laws are elected in campus-wide elections (with the exception of the Senior Representative to the Board of Trustees).

k.            All full-time matriculated students shall be entitled to vote in campus-wide elections.

l.            Balloting

1)            The names of candidates shall appear in reverse alphabetical order on the ballot.

2)            Incumbent candidates shall not be designated as such on the ballot.

3)            Each office shall include space for a write-in candidate.  Candidates elected as a write-ins shall need to meet the requirements of the office to which they are elected and shall be held to the same standards as prescribed for declared candidates in Article IV, Section II.

m.            Voting

1)            In the event of an election tie, there shall be a run-off election supervised by the Election Commission two days after the election period has concluded.

2)            Polls shall be open specific times but scheduled by the Election Commission.

3)            In the event that paper balloting is necessary, voting shall take place in an area(s) specified by the Election Commission, and ballots shall not be removed from the area(s) or they shall be declared invalid. Each voter must present valid Wheaton College Identification and shall be checked off a list of Wheaton College students, at which point the voter shall receive one (1) ballot.

n.            Tabulation

1)            Ballots shall be tabulated by the Election Commission. No student who is currently running for an office shall serve as a tabulator or be permitted in the area where ballots are being tabulated.

2)            Election results will not be announced until the Executive Board of the Student Government Association of Wheaton College is certain that voters participated only once by reviewing the vote identification records.

3)            A tabulation sheet signed by the members of the Executive Board of the Student Government Association of Wheaton College, recording the total number of votes cast for each candidate in every election, shall be filed in the Office of the Dean of Students.

4)            The results of the election shall be reported to candidates by members of the Election Commission during a community meeting.

5)            The results of the election shall be posted in areas designated by the Election Commission of the Student Government Association of Wheaton College.

6)            The Election Commission shall allow a recount at the candidate's request if there is less than five (5) percent difference of the total votes among the tabulations received by the candidate.  The Commission shall also consider charges that contest an election or its results if the written statement is submitted to the Board within ten (10) academic days of the election.

7)            The candidate receiving the most votes shall be declared elected.  The number of votes needed for a write-in to win a position when no other candidate has declared is ten (10) votes, or ten (10) percent of the total voter turnout, whichever is greater.  A candidate who wins as a write-in has two days after notification by the Election Commission to accept the position.  The decision to accept or withdraw shall be made in writing to the Executive Board.

3.            Class Councils

a.            All full-time matriculated students in their respective classes shall be entitled to vote in class-wide elections.

b.            Election of the prospective Sophomore, Junior and Senior Class Officers shall take place in the spring.

b.            Election of the Freshman Class Officers shall take place in the fall.

4.            Senators

a.            Senators-at-Large

1)            Election of the five (5) Senators shall take place in the fall.

b.            The Intercultural Board Senator

1)            Appointment of the Intercultural Board Senator shall take place in the fall by the Chair of the Intercultural Board with the consent of the Senate.

c.             Class Senators

1)             Election of two (2) Class Senators per graduating class shall take place in the Spring, with the exception of the freshman class, which shall elect their Senators in the fall.

B.            Campaign Procedures

1.            Only the members of Executive Board who will no longer be matriculated students by the end of the year shall be responsible for certifying candidates for SGA elected positions.

2.            The Election Commission shall consist of all members of the Student Government Association who will no longer be matriculated students at the end of the year.

1)            Election Commission shall be convened on the same day that declarations of candidacy are due.

2)            Election Commission must be activated to supervise and review balloting when a sitting member of the Executive Board is on the ballot.

3)            Ballots shall be reviewed and counted by the Election Commission before they are publicly released.

4)            Election Commission can be developed at any time by the Executive Board to review and supervise balloting.

5)            Members of the Executive Board and any appointees to the Election Commission shall maintain and supervise the balloting.

3.            The value of the materials purchased or in-hand used in a campaign shall not exceed fifty dollars ($50) for campus wide office and thirty dollars ($30) for class wide office.  Each candidate, including write-ins, shall be required to submit a Campaign Expense Report to the Election Commission of the Student Government Association of Wheaton College one (1) day before polls open.

1)             Campaign expenditures may be refunded up to 50% of the total limit.

4.            Paper and monetary expenses are allocated on a per campaign basis (e.g. both one person running alone or two or more people running together constitutes a campaign).

5.            There shall be no campaign materials or personal campaigning within fifteen (15) feet of the ballot box, in the event one is used.

6.            Individual students shall be responsible for distributing their own campaign materials and for removing them on election night.  Election results shall not be publicized or announced until all campaign materials are removed.

7.            Campaign materials are to be fastened with masking tape.

8.            No campaign materials shall be placed on the windows on buildings or the windows on doors.

9.            Chalking is not permitted under an overhang or in similar areas where it cannot be naturally removed.

10.            Candidates may campaign via electronic mediums (i.e. facebook, myspace) for an unrestricted time period.

11.            Distribution of flyers, posters and chalking may only occur in the one week leading up to election day.

12.          Additional campaign rules can be made at the discretion of the Executive Board as long as candidates are informed ahead of time.

C.            Vacancies

1.            Any letter of resignation regarding Student Government Association positions shall warrant a new election for that position if that vacancy occurs before Fall Elections.  Any vacancy occurring after Fall Elections shall be filled by appointment by the Appointments Committee and approved by Senate.

2.                 If the office of the Student Government Association President is vacated, the Student Government Vice President shall assume the presidency and be replaced in accordance with Article IV, Section II, Part C (1) of the By-Laws.

3.            If the office of Class President is vacated, the Class Vice President shall take over and be replaced in accordance with Article IV, Section II, Part C (1) of the By-Laws.

4.            If the office of the College Hearing Board Chair is vacated, the Vice Chair of the College Hearing Board shall take over and be replaced in accordance with Article IV, Section II, Part C (1) of the By-Laws.

D.            Members-Elect

1.            Student Government Association Members and Members-elect shall assume their positions on Commencement Day.

Section III- Special Elections and Appointments

A.            The Executive Board, upon determination of the need of a special election or appointment, will bring the matter to the attention of the Senate.  The Senate may then choose one of the following options, taking into consideration the differential amount of time needed to carry out each option, in order to fill the position(s):

1.            A special campus-wide election requires formation of an ad-hoc election committee; the scheduling and staffing of elections; publicizing of the purpose and time of the election; recruitment of candidates; setting the election guidelines; tallying the vote; notifying the candidates; and releasing the results to the campus and campus press.

2.            Nomination by the Executive Board and ratification by Senate requires the Executive Board to designate qualified nominees and present them to the Senate for its approval.  The process must be publicized, with information on the position(s) available to all students.  The results of this meeting must be released to the campus and the campus press.

3.            Appointment by the Executive Board requires that the Senate establish the guidelines by which the Executive Board makes its decision.  The campus must be informed of the process and position(s) available.  The results of the appointment procedure will be released to the campus and the campus press.

ARTICLE V- IMPEACHMENT AND RECALL

Section I- Grounds for Impeachment

A.            Each member of the Student Government Association may be impeached on any of the following grounds:  failure to complete implied or mandatory duties as set forth in the individuals job description, acts unbecoming a member of Student Government Association including but not limited to, failure to maintain the proper academic or social standing, and violations of the Student Government Association constitution.

1.            Conditions for Impeachment of Executive Board Members.

a.            Majority vote of the Executive Board.

  1. A petition signed by a minimum of one-third (1/3) of the members of Senate.

c.            A petition signed by the student body, which must have the signatures of at least the number of persons who cast their votes at the election.

2.            Conditions for Impeachment of Class Officers.

  1. Majority vote of the Executive Board.

b.            A petition signed by the Class, which must have the signatures of at least the number of persons who cast their votes at the election.

c.            Majority vote of the Class Officers.

d.            A petition signed by a minimum of one-third (1/3) of the members of Senate.

3.            Conditions for the Impeachment of Senators

a.            Majority vote of the Executive Board.

b.            A petition signed by a minimum of one-third (1/3) of the Senator’s constituents.

c.            A petition signed by a minimum of one-third (1/3) of the members of Senate.

4.            Conditions for the Impeachment of Committee Members

a.            Majority vote of the Executive Board.

b.            Majority vote of the committee.

c.            A petition signed by a minimum of one-third (1/3) of the members of Senate.

5.            Conditions for the Impeachment of Advisors

a.            Majority vote of the Executive Board.

b.            Majority vote of the committee.

c.            A petition signed by a minimum of one-half (1/2) of the full time, matriculated student body.

Section II- Grounds for Recall

A.            If candidates running for Executive Board or a Class Officer positions are elected and fail to notify the Election Committee that they are planning on an extended leave of absence for the following academic year, or have applied for a leave of absence, then they can be "recalled" as outlined by Article V, Section III of the By-Laws upon their return to campus.

Section III- Procedures

A.            The Vice President will handle official impeachment letters or petitions for all officials except for the Vice President.

B.            The President will handle official impeachment letters or petitions against the Vice President and the President will act as the President of Senate and fulfill all Constitutional duties of the Vice-President, while the impeachment is pending.

C.            Once an impeachment letter or petition is received, an ad-hoc committee will be created at the following Senate meeting to investigate the charges.

1.            The accused will be allowed to seek non-legal Wheaton representation.

D.            Upon completion of the investigation the committee shall:

1.            Either find no valid claim or violations and present no articles to the Senate.  The committee will then draft a letter stating the reasons for this decision and enter it into the Senate record.

2.            Find one or more valid claim or violation and draft an Article of Impeachment for each, explaining each violation.  The Article(s) will then be presented by the committee at the next Senate meeting.  The Article(s) will include a version of the suggested sanctions as provided in Article V, Section III, F of the By-Laws.  Any given Article can only suggest one of the two punishments.

E.            It will require a vote of two-thirds (2/3) majority of the Senate to uphold an Article of Impeachment.  Voting will follow the rules and procedures set forth for Impeachment Votes in Roberts Rules of Order.

1.            After the presentation of each Article, the accused, or their non-legal Wheaton representation, will be allowed 5 minutes to address each Article.

2.            If an Article fails, the matter is closed.

3.            If an Article is upheld, sanctions are applied in adherence with the By-Laws.

F.            Sanctions are as follows:

1.            Recall: the member is removed from office in adherence with the By-Laws and is barred from holding any elected or appointed position in Student Government Association.  Any separate official positions held other than the one under which the Article was upheld have enmity, and are retained by the given individual until the completion of their term.

2.            Censure:  the Student Government Association expresses extreme disapproval of the actions of an official.  A Censure will result in a letter of condemnation being drafted by Senate and placed on the Senate Record but will not remove the official from office.

G.            Exceptions

1.            An advisor may be brought to an impeachment proceeding, but cannot face the sanction of impeachment if convicted of an Article of Impeachment.  Only a Censure may be performed, and the resulting letter should then be presented to the Student-Trustee Liaison Council, to the Dean of Students, and entered into the Senate Record.

Section IV- Appeals

A.            If the impeachment is carried out, an appeal maybe made and it will be sent to an ad-hoc committee; the office vacated by the impeachment process will remain empty for a two-week period (2 week period) in which the said offender will have the ability to appeal this decision.

B.            The impeached official may seek non-legal Wheaton representation for the appeal.

C.            An Article of Appeal must be created and presented by the ad-hoc committee to the Senate to be voted on.

D.            If the appeal is rejected, the matter is closed.

E.            If the appeal is upheld by a two-thirds (2/3) vote of Senate, the appeal is granted and the individual is either restored to office or has the letter of censure removed.

ARTICLE VI- SELECTION OF EXECUTIVE BOARD COMMITTEE MEMBERS

A.            Membership to Executive Board Committees shall be determined at the discretion of each Executive Board Committee Chair.

B.            If council members have performed their duties in a satisfactory manner (as determined by the Council Chair and the advisor), they shall have the option of remaining on the council without participating a second time in the formal application process.

ARTICLE VII- JUDICIAL BRANCH

The purpose of the Judicial Branch shall be to maintain the Wheaton College Honor Code.  The College's judicial policies, practices, and sanctions are designed for the purpose of education and are not to be equated with state or federal laws or the criminal justice system.  The disciplinary system seeks to educate students so that they understand both personal freedoms and the limits of belonging to and living in a diverse academic community.  Justice Lewis F. Powell, Jr. wrote in a Supreme Court decision:  "Education in any meaningful sense includes the inculcation of an understanding in each pupil of the necessity of rules and obedience thereto.  This understanding is no less important than learning to read and write.  One who does not comprehend the meaning and necessity of discipline is handicapped not merely in his education but throughout his subsequent life...  When a student merits censure for his conduct, he is rendered a disservice if appropriate sanctions are not applied."  (Goss v. Lopez 419 U.S. 565,593 (1975)

A student who is accused of violating the Honor Code or a college policy may have the opportunity to appear before a two-thirds quorum of the College Hearing Board in certain circumstances, as discussed herein.

The Judicial Branch shall be divided into two sections:  1) College Hearing Board consisting of the College Hearing Officer and the Hearing Board and 2) the Appellate Board.

Section I - College Hearing Board/College Hearing Officer

A.            Membership of the College Hearing Board

1.            Chair, who shall preside over all cases except when illness or other necessary absences from campus prevent this or when a conflict of interest arises, and then the Vice Chair shall preside.  The Chair shall be a voting member of the Board.  It is the Chair's responsibility to insure that current and accurate records of proceedings and decisions are maintained in the Office of the Dean of Students.

2.            Vice Chair, who shall act as Chair in the Chair's absence.  The Vice Chair shall assume the duties and responsibilities of the Chair.  The Vice Chair shall be a voting member.

3.            College Hearing Board Secretary, who shall keep records pertaining to the proceedings, and shall submit those records to the Chair of the College Hearing Board.  The College Hearing Board Secretary is also responsible for notifying members of the Board as to the time and place of all College Hearing Board meetings and of taking the minutes of these meetings.  The Secretary shall be a voting member.

4.            One (1) Member-at-Large, who shall be a voting member.

5.            Two (2) faculty members chosen by the College Hearing Board student members in consultation with the Dean of Students and approved by the faculty Committee on Committees and the Student Government Association Student Senate.  Both faculty members are voting members.

6.            An alternate Faculty Member may serve in the event that one of the standing faculty members cannot attend and shall be a voting member.  The alternate Faculty Member shall be any faculty member who has previously served on the College Hearing Board.

7.            The Dean or Associate Dean of Students, as Advisor to the Board, will be a non-voting member except in the case of a tie.

8.             The above persons may delegate their positions if it is deemed necessary or appropriate in the sole discretion of the Dean or Associate Dean of Students.

B.            College Hearing Officer

The position of College Hearing Officer shall be filled by the Director of Student Life, by an Assistant Director of Student Life, or by a designee chosen at the sole discretion of the Director of Student Life or an Assistant Director of Student Life.

C.            Jurisdiction

1.            College Hearing Board

a.            Alleged violations of Academic Responsibilities and Standards as set forth in the Honor Code and the Student Handbook such as:

1)            Plagiarism (refer to complete explanation of plagiarism in the Student Handbook).

2)            Cheating: giving or receiving unauthorized aid on an examination; taking an examination in place of another student; doing assignments for another student or handing in another's work as one's own; conspiring to deceive in academic work; taking an examination in an unauthorized location; bringing unauthorized materials into a closed-book examination room; submitting the same paper for more than one class without the consent of both professors.

3)            Violations of the accepted standards governing the use of computers and computerized materials; tampering with secured computer networks or copyrighted programs.

4)            Violations of any stated academic standards or regulations put forth by faculty or College departments governing the use of academic facilities or materials.

b.            Alleged violations of the Wheaton Community Standards, which state expectations for behavior on the campus, as set forth in the STUDENT HANDBOOK.

c.            Alleged violations of any published Wheaton College policies or regulations.

d.            Alleged conduct which is unacceptable and inappropriate to the Wheaton College community or which is not in furtherance of the mission of the College, whether or not specifically set forth in writing.

2.            College Hearing Officer

a.            The College Hearing Officer, together with the Vice Chair of the College Hearing Board or another designated member of the Board, will conduct informal hearings on minor violations of residence hall or College policies.  Examples of minor violations are (but not limited to):  failure to cooperate during a fire drill; violation of quiet hours; unauthorized room changes; unauthorized pets; first, or minor violations of the College's alcohol and drug policies; minor violations of the residence hall contract. Decisions about what constitutes a violation to be referred to the Hearing Officer will be made in the sole discretion of the College, through the Chair of the College Hearing Board and the Dean of Students, or their designees.

b.            Sanctions issued by the Hearing Officer may include: a written warning, fines, reassignment to another room or residence hall, parent notification, removal from the residence halls, mandated community service.

c.            An appeal of certain types of sanctions, such as suspension from college housing, issued by the Hearing Officer may be made by the respondent to the College Hearing Board.  In this case the Hearing Board will function as an appellate body, hearing the case in order to determine whether a preponderance of the evidence warranted the Hearing Officer's finding of responsibility.  If the Hearing Board upholds the finding, the case will be returned to the Hearing Officer for sanction.  The Board may choose to make a recommendation on the severity of the sanction, but the Hearing Officer will decide the sanction for the violation.

Section II - The Appellate Board

A.            Membership

1.            Chair, who shall preside over all cases except when due to illness or other necessary absences from campus or when a conflict of interest arises, in which case the Vice Chair shall preside.  The Chair shall be a full-time, matriculated student in good academic and social standing.  He/she will be selected by an application process under the authority of the College Hearing Board and must be approved by the Executive Board of the Student Government Association.  The Chair shall be a voting member of the Board.

2.            Vice Chair, who shall act as Chair in the Chair's absence.  The Vice Chair shall be a full-time, matriculated student in good academic and social standing approved by the Executive Board of the Student Government Association.  The Vice Chair shall be a voting member in all cases heard by the Board.

3.            The Appellate Board Secretary, who shall keep records pertaining to the proceedings, and shall submit those records to the Chair of the Appellate Board.  The Appellate Board Secretary is also responsible for notifying members of the Board of the time and place of all Appellate Board meetings.  The Secretary shall be a full-time, matriculated student in good academic and social standing appointed by the Executive Board of the Student Government Association.  The Secretary shall be a voting member in all cases heard by the Board.

4.            Two (2) faculty members from the Committee on Admissions and Academic Standing.  The two (2) faculty members of the Appellate Board shall be elected by the Committee on Admissions and Academic Standing from within the membership.  The two faculty members shall be voting members in all cases heard by the Board.

B.            Jurisdiction

1.            The Appellate Board shall consider all appeals from the respondent or campus groups when one believes that their procedural rights have been violated or in certain extraordinary cases when new evidence can be produced that may affect the decision rendered by the College Hearing Board.

Section III - College Judicial Procedures

A.            The College Judicial Procedures prescribe the process and procedures to be followed in cases where formal charges of alleged violations of the Honor Code or a college policy are brought forward to the College Hearing Board or to the Appellate Board.

B.            The College Judicial Procedures are reviewed annually by the Office of the Dean of Students in consultation with the Student Government Association.

C.            The College Judicial Procedures are published on the Student Government Association website and on the Wheaton College website.

ARTICLE VIII- STUDENT GOVERNMENT ASSOCIATION ADVISOR

A.            Duties

1.            The advisor will communicate the actions and goals of the institution of Wheaton College to the Student Government Association.

2.            The advisor will communicate the actions and goals of the Student Government Association to the institution of Wheaton College.

3.            The advisor will approve and record all monetary actions as required for payment of the Student Government Association Office Secretary.

4.            The advisor shall articulate but not necessarily advocate for the interests or views of the Student Government Association.

5.            The advisor shall attend meetings with the Executive Board every other week.

6.            The advisor may be subject to an impeachment proceeding as provided in Article V of the By-Laws.

7.            The advisor must act in accordance to the Student Government Association Constitution and By-Laws.

B.            Terms of Service

1.            The person contractually obligated to be Student Government Association Advisor will serve in this position.  If no individual is contractually obligated, the Student Government Association President will nominate an advisor no more than 30 days after the beginning of the fall semester.  The nominee will have to be confirmed by Senate within this same time period.  If no individual is confirmed during this period, an ad-hoc committee of Senate, comprised of six (6) Senators selected by Senate and chaired by the Vice President, will have another thirty (30) days after the committee's inception to nominate candidates for the position and present them for confirmation to the Senate.  If after the thirty (30) days the committee fails to confirm a nominee, the advisor position will be assigned to the current Wheaton College employee who fills the previous advisor’s position.

ARTICLE IX- WHEATON COLLEGE UMBRELLA BUDGET SYSTEM (UBS)

Section I - Flow Diagram

See Word Version of the By-Laws

Section II - Written Description

The Senate shall appropriate the student activity fee among the many clubs, organizations and other institutions (with the exception of the clubs within the tiers, whose funding will be decided in the fall by the Finance Committee). The appropriation shall be decided before commencement of the previous year.

A.            Standard Allocation of Funds:

1.            Student Life Accounts - These funds shall be divided by the Student Government Association Treasurer into the appropriate accounts. Each account shall receive seven (7) dollars per student, for whom the account is designated. The exception is theme houses, which receive one hundred (100) dollars each.

2.            Speaker Fund - The Treasurer shall transfer the appropriate amount to this account.  Any member of the Wheaton community may apply to this account.  The fund may only be used for the purpose of bringing a speaker to campus and the costs normally associated with such an event.  The Treasurer shall furnish applications to this account and the Executive Board will approve or deny these applications on at least a bimonthly basis.  The Treasurer shall notify the applicant in one week after the action has been decided on the application.

3.            Senate Fund - The Treasurer shall transfer the appropriate amount to this account.  The Senate has complete control over the activity of this account.  The Student Government Association President, however, reserves the right to veto such appropriation made from this account.  Any Wheaton organization requesting funds from the Senate Fund must come before the Senate to make a request.

4.            Constitutional Committees:

a.            College Hearing Board - The Treasurer shall transfer the appropriate amount to this account.  These funds will be used at the discretion of the College Hearing Board Chair.

b.            Educational Council - The Treasurer shall transfer the appropriate amount to this account.  These funds will be used at the discretion of the Educational Council Chair.

c.            Executive Board - The Treasurer shall transfer the appropriate amount to this account.  These funds will be used at the discretion of the Student Government Association President.

d.            Intercultural Board - The Treasurer shall transfer the appropriate amount to this account.  These funds will be used at the discretion of the Intercultural Board Chair.

e.            Programming Council - The Treasurer shall transfer the appropriate amount to this account.  These funds will be used at the discretion of the Programming Council Chair.

5.            Class Councils- The Treasurer shall transfer the appropriate amount to each account.  The funds will be used at the discretion of the Class Officers.

B.                Club Tiers:

1.            Communications Tier -

a.              This tier includes all communications clubs and organizations on campus:  groups that disseminate information or news through paper or electronic media.  

b.                 This tier is chaired by the Student Government Association Secretary.

c.            If so decided by the tier, three subcommittee chairs may be designated by means of a vote.  The subcommittee chairs' primary function will be to aid the Chair in any way deemed necessary.

2.            Educational Tier -

a.                 This tier includes all educational clubs and organizations on campus: groups that raise consciousness and promote social awareness, or allow for further learning outside the classroom.

b.            This tier is chaired by the Educational Council Chair.

c.            If so decided by the tier, three subcommittee chairs may be designated by means of a vote.  The subcommittee chairs' primary function will be to aid the Chair in any way deemed necessary.

3.            Intercultural Tier -

a.                 This tier includes all intercultural clubs and organizations on campus:  groups related to race, gender, sexual orientation, nationality, or culture.

b.                 This tier is chaired by the Intercultural Board Chair.

c.                 If so decided by the tier, three subcommittee chairs may be designated by means of a vote.  The subcommittee chairs' primary function will be to aid the Chair in any way deemed necessary.

4. Recreational Tier -

a.                 This tier includes all recreational clubs and organizations on campus: club sport teams, performance groups, and special interest groups.

b.                 This tier is chaired by the Student Government Association Treasurer.

c.                 If so decided by the tier, three subcommittee chairs may be designated by means of a vote in place.  The subcommittee chairs' primary function will be to aid the Chair in any way deemed necessary.

Section III - Tier Committee Procedures and Guidelines

A.                Tier Committee meetings shall occur no less than bimonthly, unless otherwise voted upon by the committee.

B.                The Tier Committee members are made up of representatives from the clubs and organizations represented within the tier.  A representative from each club must be present at each meeting or else appropriate sanctions will be applied.

C.                All clubs must identify themselves to their respective tier within a month of the first meeting, or else lose funding for the current semester.

D.                Committee meetings shall be run in any fashion desired by the committee.

E.                 Any club member may attend the Tier Committee meeting to represent their respective club or organization.

F.                 If a club is not represented at any given meeting, the Chair of the tier shall take appropriate action.

G.                If a club has debt at the beginning of an academic year the necessary funds will be deducted from the tier allotment for the current year.  The Chair of the tier shall be responsible for sanctioning the club if deemed necessary by the tier.

H.                No club shall receive funding unless a Senate-approved constitution is on file with the Student Government Association Vice President.

Section IV - Roles of the Executive Board in the Tier System

A.                Respective Executive Board Members shall chair tiers as stipulated in Article VIII, Section II, Part B.

B.                The Executive Board shall approve or reject tier appropriations of above $1,000 and others that the board feels necessary to take action on.

C.                The Executive Board reserves the right to take action on budgetary issues when Senate is not in session.

Section V - Roles of the Senate in the Tier System

A.                The Senate reserves the right to adjust the budget in extraordinary circumstances.

B.                The Senate shall arbitrate cases in which clubs of make claims of unfair treatment within the tier system.

C.                The Senate has the authority to override Executive Board approvals or rejections regarding the use of funds for tiers.

D.                The Senate shall entertain motions to transfer clubs into different tiers.

E.                 The Senate must approve of and place each club in a tier before the club can receive the benefits of being a recognized Student Government Association club.

F.                 The Senate shall review tier percentages as well as other budgetary matters it deems necessary before the close of each academic year.

G.                The Senate may, at its discretion, sanction groups that have incurred debt.

Section VI - Clubs and Organizations

The Student Government Association recognizes two separate organizational designations for financial purposes.

A.                Designations

1.                 Clubs - Active and recognized Student Government Association entities whose duties and functions are limited to activity during the academic year.

2.                 Organizations - Active and recognized Student Government Association entities that need to function throughout the calendar year in order to fulfill legal or institutional requirements. These entities require operational funds during all times of the year, not just during the academic semesters.

B.                Distinctions

1.                 Clubs and Part-Time Entities

a.                 Every entity designated a club that only functions during the academic year shall submit themselves either to the tier process or only receive their allotted budgetary funding upon the operators’ return in the Fall semester.

b.                 New clubs, after having their constitution ratified by Senate, will automatically be considered a club as defined in Article VIII, Section IV, Part A (1).

c.                 All clubs and part-time entities must have a representative and a financial officer.

d.                 These groups will have access to their tier allocated funds until the end of the academic year. Tier Funds not spent by the end of the academic year will return to Student Government Association Holding Account.

e.                 These groups will receive funding for a given academic year via the tier allocation process during the Spring Semester of the previous academic year.

2.                 Organizations and Full-Time Entities

a.                 These groups are legally or institutionally required to operate at all times, which requires them to have access to operational funds at all times.

b.                 These groups must apply for confirmation by Senate in order to be recognized as organizations. If a club or entity is granted organization status, it will stand until the entity is dissolved or removed by a two-thirds (2/3 vote) of the Senate.

c.                 These groups will be allowed to continue to use their Student Government Association funds until the end of the college’s fiscal year, when the funds return to Student Government Association Holding Account.

d.                 These groups will have the allotments determined for the next fiscal year prior to the end of the current fiscal year after the budget is approved by Senate.

e.            Each group must have a constitution ratified by Senate.

f.            Each group must have a representative and a financial officer at all times.

g.            Each group is recommended to have an Advisor who is a member of the Wheaton College faculty or staff.

Section VII - The Fiscal Responsibilities Act

A.                Fiscal Responsibility

1.                 All members, clubs, organizations, councils, groups, officials, and/or sanctioned Student Government Association bodies, are forbidden to enter into contracts for amounts greater than the entities’ current available funds without written consent of the Senate.

2.                 All members, clubs, organizations, councils, groups, officials, and sanctioned Student Government Association bodies are forbidden to enter into multi-year contracts that commit the Student Government Association to yearly payments. Multi-year contracts may only be entered into if the entire capital required for the services provided for the entirety of the contract is paid directly upon the signing of the contract and that the Student Government Association sanctioned body has the funds available to make the payment in its entirety. Multi-year contracts requiring yearly payments currently held by Student Government Association sanctioned bodies will be grandfathered for their current agreed duration; these Student Government Association sanctioned bodies will not be allowed to extend or renew these contracts.

B.            The Student Government Association bears no financial responsibilities when a transaction involves a contract knowingly entered into by a contractually obligated advisor, when this advisor has the authority to authorize funding even though the organization in question is lacking sufficient funds to pay the amount of the contract. If a contract overdraws the Student Government Association organizations account, it is the responsibility of the individual advisor and/or individual’s department to absorb the debt caused by the individual’s neglect.

ARTICLE X - AMENDING THE BY-LAWS

A.            Amendments to the By-Laws of the Student Government Association of Wheaton College shall require a vote of approval by at least two thirds (2/3) of the members of the Senate. When Senate is not in session (e.g., summer, pre-elections, January break), the Executive Board has the power to temporarily amend the By-Laws, by a vote of approval by at least two thirds (2/3) of the members of the Executive Board, with an understanding that the change will be officially voted upon as soon as the Senate is able to convene.

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