Ä¢¹½ÊÓÆµÍø

ASCWI Constitution

Purpose

The Associated Students of the Ä¢¹½ÊÓÆµÍø.
Prepared by the 2019-2020 Student Body Government: Ashton Syed, Joevannie Fajardo and Ayana Pattison
Under the advisement of: Amber Eubanks and Chad Trisler

Preamble

The representatives of ASCWI represent the student population of the Ä¢¹½ÊÓÆµÍø (CWI) and it is their mission to promote the well-being of all students. Fulfillment of this mission is achieved first, by providing accurate and impartial representation of the student body. Second, by respecting the integrity, dignity, worth, and differences of all individuals. Third, by maintaining a professional, courteous, and safe environment whereby its students may express their opinions, hopes, and grievances. Service, as a member of ASCWI, requires a commitment to uphold these ideas and to discourage behaviors which threaten the freedom and respect every individual deserves while maintaining a sense of decorum fitting a representative of the student body.

Inclusiveness Statement

It is the policy of the ASCWI not to discriminate against any individual on the basis of race, sex, color, national origin, religion, age, sexual orientation, disability or any other category protected by applicable federal, state, or local law. Further, the ASCWI shall strive to develop an educational environment free from harassment, and free from derogatory, demeaning or inflammatory speech or imagery by any recognized ASCWI activity, club, or organization.

Article I: Name and Membership

Section 1: Structure

I.1.00 The ASCWI government shall consist of an Executive and Legislative branch.

I.1.01 Executive power shall be vested in the President, Vice President, Treasurer, and Chief of Staff.

I.1.02 Legislative power shall be vested in six (6) Senators, including one (1) Pro Tempore.

Article II: ASCWI Government

Section 1: Officer Qualifications

II.1.00 All ASCWI Officers must meet all of the following qualifications:

II.1.01 Must be currently enrolled with a minimum of six (6) credit hours at CWI per semester, excluding summer.

II.1.02 Must maintain a minimum semester and cumulative grade point average of a 2.5 or higher on a 4.0 grading scale.

II.1.03 Not presently nor within the previous 2 semesters, have been under any Student Conduct Sanction.

Article III: Executive

Section 1: General Duties and Responsibilities

III.1.00 The Executives shall:

III.1.00.01 Administer the affairs of the ASCWI and execute all bylaws, legislation and rules adopted by the ASCWI.

III.1.00.02 Make recommendations for the establishment, functions, and/or tasks of ASCWI boards and committees.

III.1.00.03 Set the time, date, and place of all meetings and supplemental meetings of the Executive Branch.

III.1.00.04 Be present at all ASCWI Senate meetings.

III.1.00.05 Review minutes from the previous meeting to ensure correct information has been given.

III.1.00.06 Appoint members to ASCWI boards and committees as well as any college wide committees that include student participation.

III.1.00.07 Perform other duties as assigned by the ASCWI Advisor and the ASCWI President.

Section 2: Individual Powers and Responsibilities

III.2.00 The President shall:

III.2.00.01 Preside over all Executive meetings.

III.2.00.02 Call special sessions of the ASCWI Senate with 48 hours’ notice when necessary to serve the general welfare of the ASCWI.

III.2.00.03 Establish boards and committees as necessary to serve the general welfare of the ASCWI.

III.2.00.04 Have the authority to nominate Senators to represent the ASCWI to other associations of faculty, staff, or administration.

III.2.00.05 In the event of a vacancy of an officer, have the authority to nominate a replacement from the membership of the ASCWI.

III.2.00.06 Serve as a representative to the CWI Board of Trustees.

III.2.00.07 Be responsible to ensure that the ASCWI government upholds this Constitution.

III.2.00.08 Be empowered to approve or veto all Senate legislation, with the exception of all internal rules and procedures as established within this Constitution.

III.2.00.09. Exist as an ex-officio member of all ASCWI boards and committees.

III.2.00.10 Keep the ASCWI government Advisor informed and current on work, decisions, meetings, and other pertinent information regarding the ASCWI Executive Branch.

III.2.00.11 Perform other duties that are necessary to serve the general welfare of the ASCWI.

III.2.01 The Vice President shall:

III.2.01.01 Conduct all ASCWI Senate meetings.

III.2.01.02 Follow and stay up-to-date with Robert's Rules of Order during all Senate meetings.

III.2.01.03 n the ASCWI President's absence, perform all duties of the President

III.2.01.04 in the case of a vacancy in the ASCWI presidency, assume the position of the President.

III.2.01.05 Create and post Senate meeting agendas.

III.2.01.06 Along with the President, be responsible to ensure that the Senate upholds this Constitution.

III.2.01.07 Cast a vote in the case of a tie within the Senate.

III.2.01.08 Keep the ASCWI government Advisor informed and current on work, decisions, meetings, and other pertinent information regarding the ASCWI Legislative Branch.

III.2.01.09 Perform other duties as may be assigned by the President.

III.2.02 The Treasurer shall:

III.2.02.01 Prepare monthly financial reports for the ASCWI government members and the ASCWI Advisor or their designee.

III.2.02.02 Work to develop the annual budget allocations report and assist with any special contingency requests throughout the year.

III.2.02.03 Ensure that the ASCWI budget procedures, practices, and day-to-day activities conform to all CWI Business and Accounting procedures.

III.2.02.04 Assist the ASCWI Advisor in the accounting of ASCWI funds and ASCWI government approved expenditures, ensuring that all ASCWI expenditures are accounted for, expended, and approved according to all applicable CWI policies, as well as State of Idaho and federal non-profit statutes.

III.2.02.05 Function with independence and ethical and fiscal integrity to ensure that all applicable accounting regulations are followed.

III.2.02.06 Prepare and submit all ASCWI financial books to the annual audit team or external auditors as requested by the Dean of Enrollment and Student Services.

III.2.02.07 Perform other duties as may be assigned by the ASCWI President.

III.2.03 The Chief of Staff shall:

III.2.03.01 Be responsible for recording and publishing minutes and official documents for the ASCWI government.

III.2.03.02 Record minutes at all Senate and Student Leadership meetings.

III.2.03.03 Call roll and record attendance in the minutes at all Senate and Student Leadership meetings.

III.2.03.04 Keep an additional record of compliance with the attendance policy at Senate and Student Leadership meetings.

III.2.03.05 Keep an updated file of ASCWI government members and distribute a contact list among all government members and ASCWI Advisor.

III.2.03.06 Report unexcused absences and failures to meet minimum office hour requirements to the ASCWI President and Advisor.

III.2.03.07 Keep a record of weekly office hour logs.

III.2.03.08 Keep and maintain all records, including filings, notifications of actions or elections, and other documents according to standard policies and procedures related to non-- profit organizations and Idaho corporate law and statutes.

III.2.03.09 Inform the public of government meetings and supplemental meetings within48hours of said meeting.

III.2.03.10 Perform other duties as may be assigned by the President.

Article IV: Legislative

Section 1: General Duties and Responsibilities

IV.1.00 The Senate Shall:

IV.1.00.01 Read and adhere to all ASCWI Bylaws and other legislation.

IV.1.00.02 Establish, determine, and execute all of the functions of ASCWI committees.

IV.1.00.03 Set the time, date, and place of all supplemental meetings of the Legislative Branch with 48 hours’ notice.

IV.1.00.04 Perform other duties as assigned by the ASCWI Vice President and the ASCWI Advisor(s)

IV.1.00.05 Adopt legislation, bylaws or regulations necessary for the general welfare for the ASCWI.

IV.1.00.06 Exercise legislative authority over funds through the approval of the ASCWI budget.

Section 2: Individual Powers and Responsibilities

IV.2.00 Each Senator Shall:

IV.2.00.01 Attend all Senate meetings according to the attendance policy, as outlined in the ASCWI Bylaws.

IV.2.00.02 Attend all assigned board and/or committee meetings.

IV.2.00.03 Review minutes from the previous meeting to ensure correct information has been given.

IV.2.00.04 Exist as voting members of the ASCWI Senate.

IV.2.00.05 Maintain a minimum of two (2) office hours each week and record hours on the office log.

IV.2.00.06 Attend the community service projects sponsored by the Senate.

IV.2.00.07 Attend social activities outside of school to unite the Senate.

IV.2.00.08 Attend scheduled school activities as assigned.

IV.2.00.09 Give notice of any absences in accordance with the attendance policy as outlined in the ASCWI Bylaws.

IV.2.00.10 Follow and stay up-to-date with Robert's Rules of Order during all Senate meetings.

IV.2.01 The Pro Tempore Shall:

IV.2.01.01 Conduct all regular and supplemental ASCWI Senate meetings in the Vice President's absence; and

IV.2.01.02 In the case of a vacancy in the vice presidency, assume the position of the Vice President until the position is filled.

Article V: ASCWI Government Advisor

Section 1: Powers and Responsibilities

V.1.00 A Student Affairs official shall act as the ASCWI government Advisor.

V.1.01 The Advisor Shall:

V.1.01.01 Assist and advise the ASCWI government and its individual members as needed; and

V.1.01.02 Provide Student Affairs oversight to ensure compliance with college policies, procedures, and applicable governance structures.

V.1.01.03 Keep the Dean of Students informed and current on work, decisions, meetings, and other pertinent information regarding ASCWI.

Article VI: Vacancies

Section 1: Occurrence

VI.1.00 Any ASCWI government position may be vacated, either voluntarily or involuntarily in the following ways:

VI.1.00.01 Members are removed from office; or

VI.1.00.02 Members are no longer a member of the ASCWI; or

VI.1.00.03 Members becomes unable to perform their duties and surrender their position; or

VI.1.00.04 Members resign from office.

Section 2: Executive Vacancy

VI.2.00 In the event of a vacancy in the ASCWI presidency, the ASCWI Vice President shall fill that vacancy for the remainder of the term.

VI.2.01 In the event of a vacancy in the ASCWI vice presidency, the ASCWI Pro Tempore shall temporarily fill that vacancy

VI.2.02 In the event of a vacancy of the position of ASCWI Treasurer, Secretary, or Historian, a member of the ASCWI shall be appointed to fill that vacancy for the remainder of the current term by the ASCWI President and confirmed by the Senate.

Section 3: Senate Vacancy

VI.3.00 In the event of a vacancy of the position of ASCWI Pro Tempore, a member of the ASCWI Senate shall be elected by the Senate to fill that vacancy for the remainder of the current term.

VI.3.01 In the event of a vacancy in the Senate, a member of the ASCWI shall be appointed to fill that vacancy for the remainder of the current term by the ASCWI Vice President and approved by a super majority vote of the Senate.

Section 4: Movement Within The ASCWI Government

VI.4.00 If any ASCWI government member is appointed to fill a vacancy within the government during his or her term, that member has 48 hours to accept or decline appointment.

VI.4.01 If a member accepts appointment to a new position, that member shall automatically be removed from his or her original position upon confirmation of the ASCWI Senate.

Section 5: Multiple Government Positions

VI.5.00 An elected or appointed member of the ASCWI government cannot hold more than one position in the government simultaneously.

VI.5.01 Any student currently serving as a member of the government may be appointed to other positions within the government without resigning from his or her current position.

VI.5.02 If a government member accepts appointment to a new position, that student shall automatically be removed from his or her original position upon confirmation by the ASCWI Senate.

Article VII: Meetings

Section 1: Public Meetings

VII.1.00 All meetings of the ASCWI government shall be open to the public.

VII.1.01 The time, date, and location of government meetings must be posted for public knowledge at least 48 hours in advance in a place where the general public can view it.

Article VIII: Finance

Section 1: Overall Financing

VIII.1.00 The ASCWI government shall annually develop and submit a budget and student fee proposal to the Dean of Students to be presented through the college governance structure.

VIII.1.01 The budget shall be submitted to the Dean of Students no later than December 1 of each year.

VIII.1.02 The ASCWI Treasurer shall develop the budget using the methodology in Section 2 of this Article.

Section 2: Budgeting Methodology

VIII.2.00 The ASCWI Senate shall discuss budget priorities at the third meeting of the fall semester and invite student comment and participation.

VIII.2.01 The Treasurer shall develop a budget proposal with the Senate.

VIII.2.02 The Senate will review and move forward a budget proposal for consideration by the ASCWI by the tenth week of the fall semester.

Article IX: Elections

Section 1: Elections Requirements

IX.1.00 Anything regarding elections must follow all of the guidelines set forth in the Candidate Packet and the Voter's Guide.

IX.1.01 It shall be the responsibility of ASCWI government candidates, their supporters, and all others involved in ASCWI elections to be informed of and to follow these policies and procedures.

Section 2: Elections

IX.2.00 Any member of the ASCWI may become a candidate for office after having fulfilled the Officer eligibility requirements as stated in this Constitution and the ASCWI Bylaws.

IX.2.01 The ASCWI President, Vice President, and six (6) Senators shall be elected in a general election to be held and concluded during the spring semester.

IX.2.02 All election processes and results will be overseen and certified by the ASCWI Advisor and confirmed by the ASCWI Senate within two (2) calendar weeks of the election.

IX.2.03 Any and All protests must be submitted concurrently in writing to the Student Affairs Advisor, the Dean of Students, and the ASCWI general inbox (ascwi@cwi.edu) no later than twenty-four (24) hours after the polls close.

IX.2.03.01 Any protests must be concise and include evidence sufficient to establish ‘probable cause’ for an election investigation.

IX.2.03.02 It is the sole responsibility of the protester(s) to Provide evidence sufficient to establish just-cause for the initiation of a Protest hearing.

IX.2.03.03 All protests will be voted on at a Senate meeting not more than one (1) week after the submission of a formal protest that is found to warrant an investigation.

IX.2.03.04 All protests will be heard via simple majority vote if such evidence exists to warrant a hearing; otherwise, it will be closed by default.

IX.2.03.05 All protest conclusions are final and will not be heard a second time without accompaniment of substantial new evidence.

IX.2.04 Upon announcement of election results, the prevailing candidates shall become non-voting members of ASCWI and begin transitioning into their role with ASCWI.

Article X: Terms and Term Limits

Section 1: Term Of Office

X.1.00 For all ASCWI Officers, their term shall begin the day after Spring Commencement and expire the following Spring Commencement.

Section 2: Term Limit

X.2.00 No officer of the ASCWI government shall serve more than two (2) terms in the same position; be they consecutive or intermittent; regardless of the duration of each term of service.

Article XI: Impeachment

Section 1: Impeachment

XI.1.00 All elected or appointed officers of the ASCWI government shall be subject to removal from office by impeachment.

XI.1.01 The conclusions reached by impeachment proceedings are considered official and binding.

XI.1.02 If an impeachment carries, the impeached will henceforth no longer be an officer of ASCWI.

Section 2: Impeachment Grounds

XI.2.00 Grounds for impeachment from an elected position with ASCWI include- but are not limited to- the following, where they occur within the CWI ‘sphere of influence’:

XI.2.00.01 The dereliction of accepted duties,

XI.2.00.02  The abuse of particular powers of position,

XI.2.00.03 The violation of membership trust,

XI.2.00.04 The violation of the Student Code of Conduct,

XI.2.00.05 The direct or indirect creation of a hostile or threating environment,

XI.2.00.06 The demonstration of prejudice or lack of objective representation,

XI.2.00.07 The occurrence of two (2) or more unexcused absences,

XI.2.00.08 The engagement in aggressive and violent acts, 

XI.2.00.09 The willful disparagement of the integrity of ASCWI, CWI, or ASCWI membership.

XI.2.01 Grounds for impeachment will be verified by:

XI.2.01.01 The Student Affairs Advisor; and/ or

XI.2.01.02 The Dean of Students.

XI.2.02 In the event that the grounds have not been met, the ASCWI Advisor(s) and/or the Dean of Students will notify the accuser as well as the accused via separate, private, e-mails.

Section 3: Impeachment Authority

XI.3.00 The power of impeachment shall be held by all the ASCWI Officers;

XI.3.01 Impeachment of ASCWI officers may be initiated by:

XI.3.01.01 A petition of greater than one-hundred (100) signatures the ASCWI membership

XI.3.01.02 A petition of at least (1/3) ASCWI of Officers combined with the ASCWI Student Affairs Advisor(s) and the Dean of Students.

XI.3.02 Impeachments shall pass with forty-percent (40%) vote by secret ballot of all seated Officers.

XI.3.02.01 Absent officers’ votes will not be counted.

Section 4: Impeachment Requirements

XI.4.00 Petitions for impeachment must:

XI.4.00.01 Identify the specific officer being impeached; and

XI.4.00.02 Concisely identify the purported charges; and

XI.4.00.03 Provide evidence sufficient to establish just-cause for the initiation of impeachment processes; and

XI.4.00.04 Be formulated, with grounds verified, prior to the collection of signatures; and

XI.4.00.05 Be provided to each signatory; and

XI.4.00.06 Be submitted concurrently, in writing, to:

i. The Student Affairs Advisor; and

ii. The Dean of Students; and

iii. The ASCWI general inbox (ascwi@cwi.edu).

Section 5: Impeachment Processes

XI.5.00 Impeachments shall adhere to the following processes:

XI.5.00.01 A petition for impeachment should be formulated before it can be pursued,

XI.5.00.02 The grounds of petitions for impeachment should be verified,

XI.5.00.03 Interested parties should be notified of the initiation of impeachment processes,

XI.5.00.04 All parties should acknowledge impeachment processes,

XI.5.00.05 A hearing shall take place on the next, regularly scheduled, Senate meeting;

i. not less than one (1) week but not more than two (2) weeks after the accused has received notification of impeachment and the hearing date.

XI.5.00.06 All parties should attend the scheduled hearing,

XI.5.00.07 All parties should be given a chance to present their cases,

XI.5.00.08 A verdict shall be reached

XI.5.00.09 Appeals should be filed,

XI.5.00.10 A retrial shall take place on the next, regularly scheduled, Senate meeting;

i. not less than one (1) week but not more than two (2) weeks after appeal verification and all parties have been notified of the appeals hearing date.

XI.5.00.11 All parties should attend the scheduled hearing,

XI.5.00.12 All parties should be given a chance to present their cases,

XI.5.00.13 A verdict shall be reached

Section 6: Right Of The Accused

XI.6.00 The accused shall have the right to:

XI.6.00.01 A hearing by the Senate; and

XI.6.00.02 Defend their actions at a hearing; and

XI.6.00.03 Petition for a private hearing; and

XI.6.00.04 Appeal an impeachment ruling within the guidelines of this Article.

Section 7: Responsibilities Of The Accused

I.7.00 The accused shall bear the responsibility of:

XI.7.00.01 Responding to impeachment notifications; and

XI.7.00.02 Requesting a private hearing via the ASCWI advisor(s); and

XI.7.00.03 Attending the scheduled hearing; and

XI.7.00.04 Presenting a defense against accusations; and

XI.7.00.05 Appealing an impeachment ruling within the guidelines of this Article.

Section 8: Impeachment By Default

XI.8.00 Impeachments shall carry by default if the accused:

XI.8.00.01 Fails to acknowledge an impeachment notification within five (5) days; or

XI.8.00.02 Fails to attend the impeachment hearing; or

XI.8.00.03 Fails to arrive to an impeachment hearing within fifteen (15) minutes of its commencement.

Section 9: Appealing An Impeachment

XI.9.00 An impeachment ruling may be appealed:

XI.9.00.01 Only for one or more of the following reasons:

i. The Association’s procedures were not followed, and the deviance would substantially alter the outcome(s) of the ruling, or

ii. There is new relevant evidence not reasonably available at the time of the hearing or the imposition of the sanction(s) that would substantially alter the outcome(s) or the ruling, or

iii. The rationale, informed by available information, does not clearly support the finding(s)

XI.9.00.02 If an appeal is filed within five (5) business days of the initial impeachment ruling; and

XI.9.00.03 If it has not previously gone through the appeal process.

XI.9.01 In the case that grounds have not been met for an appeal, the ASCWI Advisor(s) and/or the Dean of Students will notify the Officer and announce confirmation of the initial ruling.

XI.9.02 An impeachment may only be appealed one time before the ruling is final.

XI.9.02.01 Appeal requests that do not meet the grounds for appeal proceedings shall not count against this policy.

Article XII: Referendum

Section 1: Definition

XII.1.00 A referendum shall be defined as a proposed statement of ASCWI policy, which shall be initiated by the Senate and put to a vote of ASCWI's membership for approval with the exception of referenda pertaining to mandatory fees, which must receive at least sixty percent (60%) of the votes cast in the election.

Section 2: Requirements

XII.2.00 For a referendum to be placed on the ballot for any election, it must be approved by a two-thirds (2/3) vote of the seated membership of the Senate.

XII.2.01 The Senate shall formulate a title and a brief explanation as to the purpose of the referendum without argument or prejudice. If the opponents and/or proponents are dissatisfied with the measure title or wording, they may appeal it for modification.

XII.2.02 For a referendum to be approved it must receive at least fifty (50) percent plus one (1) of the votes cast in the election.

Article XIII: Amending The Constitution

Section 1: Requirements

XIII.1.00 Amendments to this Constitution may be proposed by either:

XIII.1.00.01 A petition signed by 15 percent of the members of the ASCWI; or

XIII.1.00.02 Through the ASCWI Legislative process, provided that the amendment shall have been read prior.

XIII.1.01 Amendments shall be enacted when ratified by a simple majority of those voting.

XIII.1.02 All amendments must:

XIII.1.02.01 Have been read prior to being discussed, debated, or voted upon; and

XIII.1.02.02 Be completed no later than the fourteenth week of the spring semester; and

XIII.1.02.03 Meet all the qualifications; and

XIII.1.02.04 Be verified by the ASCWI advisor(s).

XIII.1.03 All amendments shall be added to this Constitution, and the new Constitution shall supersede all previous ASCWI Constitutions.