ASWOU

We, the students of Western Oregon University, in order to form an association to protect and advance the interests of the students of this university, do establish the Constitution and authorize the Student Government of the association thus formed, to represent the students of WOU in the formation and application of institutional policies affecting both academic and student affairs. The Associated Students of Western Oregon University will work to protect student rights, enrich student life, and improve both Western Oregon University and Western Oregon University's image in the local community, the state, and the nation.

Section 1) The Student Body of Western Oregon University shall be known as the Associated Students of Western Oregon University (ASWOU).

A) The Associated Students of Western Oregon University government is defined as the Executive, Legislative, and Judicial Branches.

B) No proxy vote may take place in the ASWOU government.

Section 2) All students who have enrolled in Western Oregon University and have subsequently paid incidental fees to Western Oregon University are constituent members of ASWOU.

Section 3) The members of the ASWOU have several rights under this Constitution and the ASWOU government shall protect and defend the rights explicated in this section, and may in its discretion expand upon, but never shall detract from or abridge, those rights.

A) Each student shall have all rights granted by the Constitution and/or laws of the State of Oregon, and/or the United States, and/or Western Oregon University.

1) No student shall be deprived of liberty or property without due process of law.

2) No student shall be denied the equal protection of the law.

3) Every member of the ASWOU may speak, write, and publish freely, to the full extent guaranteed to citizens by the Constitutions of both the State of Oregon and the United States.

4) Each member of the ASWOU has the right to be free from discrimination inclusive of, but not limited to, the following area: race, color, creed, religion, sexual orientation, national ancestry, sex, age, and individuals with mental and/or physical disabilities.

B) In any hearing required or permitted by this Constitution:

1) Each student has the right to appear and be heard.

2) Each student has the right to demand the nature and cause of any accusation and to have a copy thereof sufficiently far in advance of any hearing hereon to reasonably enable the presentation of a defense or a response.

3) Each student has the right to meet each witness face to face and to compel the attendance of witnesses on his or her behalf.

4) No student may be compelled to give evidence against him or herself, nor twice be put in jeopardy by the same body for the same alleged offense.

Section 4) There is created three branches within the ASWOU: the Legislative, Executive, and Judicial. No branch shall exercise powers expressly granted to another by the ASWOU Constitution.

A) No student may attain multiple positions within the ASWOU government whether the positions are paid, volunteer, elected, appointed, or internships excluding active members of the Student Activities Board and ASWOU student organizations.

B) If an ASWOU government member, etc. is appointed or elected to another position within the ASWOU, he/she must resign his/her current position prior to accepting the new position.

Section 5) All ASWOU Government members shall be in good academic standing.

A) Good academic standing is defined as a 2.0 GPA both in the current term and cumulative.

1) In the event that a ASWOU Government member falls below a 2.0 GPA then a one term probationary period will be in effect.

a) If a ASWOU Government member is on academic warning the term prior to taking office then the first term in office is considered the probationary period.

Section 1) All legislative powers herein shall be vested in the Student Senate of the Associated Students of Western Oregon University.

A) The ASWOU Senate serves as a deliberative forum for policy information.

B) The ASWOU Senate will serve as a policymaking authority within the ASWOU.

Section 2) The Senate shall be limited to no more than 30 Senators.

A) each member of the Senate shall assume office upon formal seating into the full Senate and administration of an oath of office by the Judicial Administrator.

B) There shall be two ex officio members on Senate: one seat shall be available for a Oregon Student Association Representative; one seat will also be held for a Resident's Hall Association Representative which will be appointed by the RHA President.

Section 3) Members of Senate must be members of the ASWOU and constituents of the constituency they represent.

Section 4) Senate shall be comprised of four constituency groups: School of Liberal Arts, School of Education, Off-Campus, and On-Campus.

A) Each constituent group shall have at least one seat on Senate.

B) The ASWOU Senate will annually apportion seats among defined constituencies by population as given in official University residential and enrollment statistics from fall term of each academic year.

C) Off-Campus Constituency shall be represented by Senators who reside off-campus.

D) On-Campus Constituency shall be represented by Senators who reside on-campus.

E) Liberal Arts Constituency shall be represented by Senators whose major is defined as Liberal Arts.

F) Education Constituency shall be represented by Senators who are Education majors.

Section 5) In order to maintain appropriate representation within the aforementioned constituencies, each member of ASWOU will vote for Senators in two of the four constituencies. One vote shall pertain to place of residence; the other vote shall pertain to academic major.

Section 6) ASWOU Senate meetings shall be presided over by the Senate President.

A) The Senate President will be elected at large

B) A majority of the Senate shall constitute a quorum to do business.

C) In the event that a constituency has two or fewer representatives, it does not need to be represented at a meeting, provided the senate meets quorum and each of the other three constituencies are represented.

D)The Senate shall meet at least twice a month, with the exception of the months December, June, July, August, and September.

E) All Senate meetings shall be open to the public, and votes shall not be taken by secret ballot, with the exception of electing Senate officers, chairs, and monthly and/or yearly Senate awards.

Section 7) The Senate President shall appoint the following officers:

A) The Senate President shall appoint a Senate Parliamentarian.

1) The Senate Parliamentarian must be impartial while interpreting parliamentary rules and/or Senate rules;

2) The Senate Parliamentarian must be familiar with the most recent revision of Robert's Rules of Order or other parliamentary authority and rules as the Senate may adopt;

3) The Senate Parliamentarian has the power to interpret and enforce the rules of Senate, not inconsistent with Robert's Rules of Order or this Constitution;

4) Senate can, by a two-thirds vote alter, amend, or repeal any such rule(s), not inconsistent with this Constitution;

5) on any question of order and/or interpretation of Senate Rules, the decision of the Parliamentarian shall be final and binding;

6) The Senate can overrule the Senate Parliamentarian with a two-thirds vote on any question of order and/or interpretation.

B) The Senate President shall appoint a Senate pro tempore,

1) The Senate Pro tempore shall step into the role of Senate President in case of absence of the Senate President

Section 8) The Senate President shall appoint all non-elected chairpersons and members of all Senate Committees; provided that the Senate may by two-thirds vote disapprove the appointment of any committee chairperson and/or members of Senate Committee(s).

A) The Senate President has the power to establish committees; provided the Senate may by a two-thirds vote disapprove of such committee(s);

B) The Senate President may not, under any circumstances, dissolve a Senate Committee and/or sub-committee.

Section 9) Additionally, the Senate President has the following powers:

A) The establishment of meeting times and places, subject to simple majority approval of the Senate;

B) To call extraordinary meetings of the Senate, if necessary;

1) No meeting shall be called without prior notice of at least 24 hours.

C) To vote in the event of a tie.

Section 10) The Senate is free to create Committees and Sub-committees as it sees fit. The Senate is composed of three Standing Committees and any future Standing Committees if the Senate so chooses.

A) The four Standing Committees are: Student Needs, Rules Committee, Budget Committee, and Outreach Committee. Specific expectations for these committees shall be formulated and created within the Senate body as a whole.

B)The Senate can, by two-thirds vote, dissolve standing committees other than the aforementioned standing committees.

C) All Senate Committee and Sub-committee meetings shall be open to the public, and votes shall not be taken by secret ballot.

D) No committee and/or sub-committee meeting shall be called without prior notice of at least 24 hours.

Section 11) Every Senate enactment, which has been adopted by the Senate, shall be presented to the ASWOU President or acting ASWOU President, and thus enter into full force and effect.

A) Presentation of a bill to the ASWOU President or acting ASWOU President is defined as submission of the bill in paper form to the ASWOU President or acting ASWOU President with an email notification from the Senate President.

1) The ASWOU President or acting ASWOU President shall respond with an email confirmation stating they have received the bill.

B) If the ASWOU President or acting ASWOU President does not approve the bill then it will be returned to the Senate citing the ASWOU President's or acting ASWOU President's objections.

C) The ASWOU President or acting ASWOU President has a maximum of 5 working days upon receipt of the Senate bill to disapprove of said bill.

D) If unsatisfied, upon receiving the disapproved bill with the ASWOU President's or acting ASWOU President's objections, the Senate, with a two-thirds vote of the Senate, may enact the bill without the assent of the ASWOU President or acting ASWOU President.

E) Senate constitutional amendments must also be approved by the student body as outlined in Article VII, Section 3.

Section 12) Legislation for refusal of the Executive Budget shall require a two-thirds majority vote within seven days of its receipt by the ASWOU Senate President from the ASWOU Director of Business and Finance, with written explanation for the refusal. In the case of a legislative refusal the ASWOU Director of Business and Financial Affairs must resubmit an amended Executive Budget within seven working days of the original legislative refusal. In the event of a second legislative refusal, an ASWOU Budget Resolution Committee shall be created, chaired by the Senate Budgetary Committee chair; consisting of three Senators and three members of Joint Cabinet. A revised Executive Budget must be submitted to the Senate for approval within three working days.

A) The ASWOU President is required to present the proposed budget to the ASWOU Senate for approval no later than the third Senate meeting of the given academic year.

Section 13) In order for the Senate to serve as both a deliberative forum for policy information and as a policymaking authority within the ASWOU, the Senate is entitled to several powers.

A) Student Concern Reports serve as a method for students to obtain information regarding a variety of topics not just within ASWOU but the day-to-day operations of WOU.

1) Any member of the ASWOU may write a Student Concern Report.

2) Anonymous Student Concern Reports shall not be heard before Senate and/or its constituencies, committees and sub-committees.

3) Any Senator, committee, sub-committee, and/or constituency can investigate and subsequently, write a response to the individual or group.

4) All responses which will be sent to the individual/group who wrote the concern must be read and approved by a simple majority of the Senate.

B) The Senate shall have full power to secure the protection of student rights, interests, and free expression, to promote the preservation of academic freedom and responsibility; to charter independent enterprises as deemed appropriate under University policy, to enter into agreements that promote the fulfillment of the provisions of this Constitution, to establish all councils, commissions, boards, and agencies of the ASWOU; to call upon the ASWOU President to appear before the Senate as long as the Senate gives a 24 hour notice to the ASWOU President; to provide for the establishment of newly created Executive departments and elements thereof including departmental policies; to investigate and act in any matter which affects and promotes the general welfare of the student body of Western Oregon University or elements thereof; to act upon any other area which the University may delegate, and to make any enactment which shall be necessary and proper for executing the aforementioned powers, as well as all other powers vested by this Constitution in the Associated Students of Western Oregon University.

1) The Senate may provide by law for other inferior courts, judicial commissions, and/or tribunals. The Senate has the authority to establish all rules and policies involving the aforementioned courts, commissions, and tribunals.

Section 14) If the Senate President duties cannot be fulfilled by the Senate President, then the following shall happen:

A) The Senate President pro tempore shall become Senate President and all powers, duties, etc. shall belong to the Senate Pro tempore;

B) The Senate Pro tempore, upon taking an oath of office, shall appoint a new Senate Pro tempore from the Senate body.

Section 15) If a dispute arises about an incapacitation, should one exist, of the Senate President, then the following action shall take place:

A) The Senate shall convene and vote to determine if the Senate President is incapacitated;

1) The Judicial Administrator shall preside over the meeting as an ex-officio member during both debate and voting to determine if the Senate President is incapacitated.

B) If two-thirds of the Senate vote in agreement that the Senate President is incapacitated and unable to carry out his or her duties, then Section 13 shall be binding and conclusive.

Section 16) No Senate member shall miss two or more consecutive meetings, except in cases of a sabbatical.

Section 17) If any seat in a constituency becomes vacant or is vacant, the constituency with the vacant seat will appoint a replacement for the unexpired balance of the term, subject to a simple majority approval of the Senate and subsequently, fifty signatures from students in said constituency. Senate may provide for the filling of other vacancies as necessary.

Section 1) The executive power of the Associated Students of Western Oregon University shall be vested in a President of the Associated Students of Western Oregon University.

A) The President is elected at large.

B) The President shall assume office upon formal administration of an oath of office by the Judicial Administrator.

C) If a dispute arises about an incapacitation, should one exist, of the President then the following action shall take place:

1) The Senate and Judicial Board shall convene as separate bodies and vote to determine if the President is incapacitated.

2) If a two third majority of the Senate and then a simple majority of the Judicial Board vote in agreement that the President is incapacitated and unable to carry out his or her duties then the successor will immediately assume the powers and duties of the President.

D) If the President is incapacitated, then the following shall be the line of succession:

1) Vice President

a) An emergency election of ASWOU to select a new Vice President shall follow if the Vice President chooses to fulfill the role of the ASWOU President.

i) The Judicial Board (JB) shall set the guidelines for this election.

b) An emergency election of ASWOU to select a new President shall take place should the Vice President choose not to fulfill the role of the ASWOU President.

i) The emergency election will take place within 15 working days.

ii) The JB shall set the guidelines for this election.

Section 2) The ASWOU Executive branch shall have the powers necessary and proper to fulfill their duties and the mandates of the ASWOU Senate. The President of ASWOU will act as chief executive officer of the ASWOU, spokesperson for the student body, and fulfill the requirements of that office as required by the University.

A) The President shall have the full power to:

1) Support and uphold this Constitution

2)execute the legislation of the Senate

3) Uphold the decisions of the Judicial Board

4) Appoint student representatives to boards, councils, and committees of the University, both standing and special, established by any element of the University administration to perform functions of governance over the affairs of Western Oregon University;

5) Appoint all committees, councils, commissions, boards, agencies and other offices of the ASWOU with the advice and consent of the ASWOU Senate.

6) Make any and all other appointments with the advice and consent of the Senate.

7) Create other executive departments and may dissolve any department previously created, excluding those specifically mandated by this Constitution.

Section 3) The ASWOU President may call the ASWOU Senate into emergency session when necessary, provided that a 24 hour notice be given. The President may also investigate specified matters as current situations demand and act in other such areas not provided herein that the Senate may establish.

Section 4) Executive department directors, the President and the Vice President comprise the ASWOU Executive cabinet. The Executive Cabinet shall act to advise and assist the President in all matters that may be necessary and appropriate in the fulfillment of the President's duties and of this Constitution, and shall act in any such matter that the President may so delegate.

Section 5) The President may appoint officers to serve as directors of executive departments, liaisons to other organizations, or as assistants to the President. Any and all appointments are subject to a simple majority approval of the Senate, which must be approved during Spring Term. All confirmation votes must be on individual appointees, not an all or none vote. The Senate may provide for the establishment of other executive offices and the subsequent appointment by the President of other executive officers. All appointments will only be valid for the term of office of the President making the appointment.

A) The ASWOU President, or designee, shall present the chosen Executive cabinet to the ASWOU Senate for confirmation. The Senate shall then deliberate and hold a confirmation vote at the next Senate meeting.

B) If the Senate confirms the ASWOU Executive cabinet nominee, a representative from the Judicial Board shall swear the Executive cabinet member into office.

C) If the ASWOU Senate does not approve of the ASWOU Executive cabinet nominee, the Senate must present the ASWOU President with written reasoning, suggestions, and/or comments within 72 hours of the denial of confirmation. The Senate President is responsible for passing on these written materials.

D) The ASWOU President has the right to appeal the initial Senate decision at the next Senate meeting. If the Senate alters its original vote to confirm the appointee, then Section 5 Clause B takes effect. However, if the Senate does not alter its previous position, then the ASWOU President must nominate another candidate.

E) No Executive cabinet appointee shall attain any office within the Executive cabinet without the consent of the Senate.

F) The ASWOU President may, at any time, terminate an appointed position if the President determines the appointed individual exhibits a disregard for his or her responsibilities. A termination constitutes a vacancy within the Executive cabinet.

G) If a vacancy of an appointed Executive cabinet member arises at any point during the year, the ASWOU President must nominate a replacement and the ASWOU Senate must confirm this appointee as well.

Section 6) Secondary, Executive power, including the power and duty to appropriate and allocate funds, is vested in the Vice President, in the absence of the ASWOU President, or permitted by this Constitution.

A) The Vice President shall be elected at large.

B) The Vice President ballot shall be separate from the President ballot during elections.

C) If a dispute arises about an incapacitation, should one exist, of the Vice President then the following action shall take place:

1) The Senate and Judicial Board shall convene as separate bodies and vote to determine if the Vice President is incapacitated.

2) If a two third majority of the Senate and then a simple majority of the Judicial Board vote in agreement that the Vice President is incapacitated and unable to carry out his or her duties then the line of succession explicated in Section 6 Clause D shall be in full force and effect.

D) If the Vice President's duties cannot be fulfilled by the Vice President then the following shall happen:

1) An emergency election of the ASWOU to select a new Vice President within 10 working days.

Section 7) Notwithstanding anything to the contrary in this Constitution or any Senate law, the President shall be an ex officio member of any such Executive department created or existing under the Constitution.

Section 8) There is created a Student Activities Board (SAB), which resides within the Executive Branch of the ASWOU.

A) The Director of the SAB shall be elected at large.

B) Members of the SAB are students at large.

C) The Director of SAB shall appoint an Assistant Director within the first three meetings of the Student Activities Board in fall term of that academic year

1) The ASWOU SAB Director, or designee, shall present the chosen SAB Assistant Director to the ASWOU Senate for confirmation. The Senate shall then deliberate and hold a confirmation vote at the next Senate meeting.

2) If the Senate confirms the SAB Assistant Director nominee, a representative from the Judicial Board shall swear the SAB Assistant Director into office.

3) If the ASWOU Senate does not approve of the SAB Assistant Director nominee, the Senate must present the SAB Director with written reasoning, suggestions, and/or comments within 72 hours of the denial of confirmation. The Senate President is responsible for passing on these written materials.

4) The SAB Director has the right to appeal the initial Senate decision at the next Senate meeting. If the Senate alters its original vote to confirm the appointee, then Section 8, Subsection C, Clause 2 takes effect. However, if the Senate does not alter its previous position, then the SAB Director must nominate another candidate.

D) If a dispute arises about an incapacitation, should one exist, of the SAB Director then the following action shall take place:

1) The Senate and Judicial Board shall convene as separate bodies and vote to determine if the SAB Director is incapacitated.

2) If a two third majority of the Senate and then a simple majority of the Judicial Board vote in agreement that the SAB Director is incapacitated and unable to carry out his or her duties then the successor will immediately assume the powers and duties of the SAB Director.

E) If the Student Activities Board Director is incapacitated then the following shall be the line of succession:

1) Student Activities Board Assistant Director

a) The SAB Assistant Director shall become the SAB Director and all powers, duties, etc. shall belong to the SAB Assistant Director;

F) The new SAB Director, upon taking oath of office, shall appoint a new assistant director.

1) Should the SAB Assistant Director choose not to fulfill the duties of the SAB Director then the following shall take place:

2) An emergency election of ASWOU to select a new SAB Director.

a) An emergency election of the ASWOU to select a new SAB Director will occur within 15 working days of the appointment.

Section 1) There is created a Judicial Board.

Section 2) The interpretive power of all policies, laws, and executive orders created by the ASWOU government shall be vested in the Judicial Board.

A) The Chair of the JB shall be referred to as the Judicial Administrator.

B) The Judicial Administrator shall be elected at large.

C) The JB shall be comprised of 5 members in addition to the Judicial Administrator.

1) A Vice Chair will be selected from within the serving members of the Judicial Board in Fall Term of that Academic Year. In cases of serious illness, the Vice Chair will fulfill the duties of the Judicial Board Administrator as assigned.

D) Two members shall be appointed by the ASWOU President

E) Three members shall be elected at large.

1) If, after the elections, these three positions are not filled then the Judicial Administrator may nominate individuals to these positions and upon confirmation of a simple majority of Senate and fifty signatures from members of the ASWOU, these individuals shall inherit all powers and responsibilities of JB members.

F) All members of the JB will serve for only one year unless they are reappointed and/or re-elected.

G) Each JB member shall assume office upon formal administration of an oath of office by the Judicial Administrator.

H) The members of the JB shall be ineligible to serve in any other elective on non-elective office of the ASWOU so long as they serve on the JB.

I) No member of the judiciary may hear a matter in which he or she has a personal interest or bias. If the Judicial Administrator determines that a member has a personal interest or bias in a particular case; the Judicial Administrator has the right to proscribe that member from voting and discussion of the case and must give that member notice accordingly. If the member feels the decision of Judicial Administrator is unwarranted, then he or she may appeal the decision to the Senate. A simple majority vote of the Senate shall be required to overturn the decision of the Judicial Administrator.

Section 3) The judicial authority of the ASWOU will include the power of judicial review, running elections, adjudicating election disputes, certifying election results, and fulfilling the requirements of the University judicial process.

A) The interpretive power of the JB shall extend to all cases upon appeal under the Constitution of the ASWOU, which require interpretation as it applies to this Student Association and all elements thereof.

B) The JB shall be in charge of running the ASWOU elections.

1) Elections shall take place only during the 1st or 2nd week of May, excluding emergency elections.

2) The JB is responsible for upholding any and all election policies

Section 4) All cases and petitions heard by the JB except elections appeals will be conducted according to the following due process procedures. University holidays and vacations will not be counted as part of any deadline or timeline outlined below. Violations of any part of these due process procedures will render the decision in the case null and void.

A) To obtain a hearing before the JB, a member of the ASWOU will complete the appropriate hearing request form and submit it to the Judicial Administrator.

B) The Judicial Administrator must notify the JB of the request within forty-eight hours of the request's submission.

C) A constitutionality challenge or a challenge to the bylaws will not be heard unless two-fifths of the JB grant a writ of certiorari within forty-eight hours of the justices' notification by the Judicial Administrator.

D) If writ of certiorari is granted, the Judicial Administrator will make the writ public immediately in addition to informing the Executive cabinet and members of the ASWOU Senate. Electronic mail communication is appropriate.

E) Members of the ASWOU will have five calendar days from the time the Judicial Administrator makes the request public to submit amicus curiae briefs to the JB.

F) The JB may not act without a quorum of its members present.

G) All petitioners and respondents, including members of ASWOU who have submitted amicus curiae briefs to the JB, will be notified of the Council's decision no later than twenty-four hours after the Council concludes its deliberations. The Judicial Administrator will make written statements and opinions on the final decision available to the public within three days after the JB concludes its deliberations.

Section 5) The Judicial Administrator's role is to be an impartial facilitator of all meetings and hearings.

A) The Judicial Administrator is responsible for adhering to enacted election policies.

B) The Judicial Administrator has no voting power within the JB except in the case of a tie. Presiding over meetings, hearings, etc. is the primary responsibility of the Judicial Administrator.

C) The Judicial Administrator has the following powers:

1) The establishment of meeting times and places, subject to JB simple majority approval;

2) To call extraordinary meetings of the JB, if necessary;

a) No meeting shall be called without prior notice of at least 24 hours.

3) To vote in the event of a tie.

D) If a dispute arises about an incapacitation, should one exist of the Judicial Administrator then the following action shall take place:

1) The Senate and Judicial Board shall convene as separate bodies and vote to determine if the Judicial Administrator is incapacitated.

a) The ASWOU President will preside over the Judicial Board meetings as an ex efficio chair.

2) If a two third majority of the Senate and then a simple majority of the Judicial Board vote in agreement that the Judicial Administrator is incapacitated and unable to carry out his or her duties then the successor will immediately assume the powers and duties of the Judicial Administrator.

E) If the Judicial Administrator is incapacitated then the following shall be the line of succession:

1) Judicial Board Vice Chair

a) The Judicial Board Vice Chair shall become Judicial Administrator and all powers, duties, etc. shall belong to the Judicial Board Vice Chair;

F) The new Judicial Administrator, upon taking an oath of office, shall appoint a new Vice Chair within the first three meetings of the Judicial Board.

a) Should the Judicial Board Vice Chair choose not to fulfill the duties of the Judicial Administrator then the following shall take place:

b) An emergency election of ASWOU to select a new Judicial Administrator.

i) An emergency election of the ASWOU to select a new Judicial Administrator will occur within 15 working days of the appointment.

Section 1) An election shall require at least 10% of the ASWOU membership casting valid votes by secret ballot. Elections shall include, but are not limited to, general elections, special elections, recalls, and referendums.

A) All members of ASWOU are eligible to vote in elections.

B) Every ASWOU member who meets the following qualifications is eligible to be elected to, or appointed to, office, except as otherwise restricted in this Constitution.

1) Is a member of the constituency from which the elected or appointed candidate is to be chosen.

2) Is registered for six or more credit hours at the time of, and through out, the election or appointment.

C) Every elective or appointive office under this Constitution, or under any Senate law providing for an elective or appointive office, shall be for a term not to exceed one school year, ending directly after Inauguration or one month preceding the yearly election, whichever comes first.

D) There shall be one general election (covering all elective positions created by this Constitution or any Senate law) each school year.

E) The JB shall be in charge of planning an Inauguration, of the purposes of swearing in the newly elected ASWOU officers, to be held no more than three weeks after the yearly general election.

F) A member of the JB must swear in newly elected or appointed ASWOU officers to transfer powers and duties from the outgoing administration.

Section 1) The ASWOU President, the ASWOU Vice President, members of the ASWOU Senate, and members of the JB may be removed from office for failure to execute their duties of office or gross violation of the ASWOU and/or University policies and/or regulations.

A) Any member of Senate may present formal charges against an ASWOU officer through legislation.

1) Upon formal presentation of the charges; they shall be referred to a specially convened Senate Impeachment Committee for investigation.

2) The Impeachment Committee shall make a complete report and a recommendation to Senate within two weeks.

3) If the Senate proceeds with impeachment, the Judicial Administrator, or the Senate President in case of the impeachment of the Judicial Administrator, shall preside at a special meeting in which it will be presented to and voted by the senate.

4) Conviction and removal from office shall be three-fourths vote of Senate members present.

B) Any member(s) of the ASWOU may circulate a petition requesting a recall election. Such petition must state the name of the officer to be recalled, the office held, and the reason for the recall.

1) In order to initiate a recall election such petition must have valid signatures from 10% of the ASWOU membership.

a) The JB must validate said petition within 5 working days upon receipt as described in the following:

2) The JB must hold an election within two weeks after receiving a valid petition.

3) The officer shall be removed from office if a majority of the valid votes cast are affirmative of the recall.

4) A recall election must adhere to current ASWOU election policies.

C) Any members of the ASWOU may circulate a petition requesting a referendum or initiative. Such petition must state the referendum or initiative and the reasons for requesting such. A referendum enables ASWOU members to vote down, or change, a law or policy created by the legislature. An initiative enables ASWOU members to create a new law.

1) In order to initiate a vote, such petition must have valid signatures from 10% of the ASWOU membership.

a) The JB must validate said petition within 5 working days upon receipt.

2) The JB must hold an election within two weeks after receiving a valid petition.

3) The referendum or initiative shall become law if a majority of the votes cast as affirmative.

D) This process will proceed according to Election Policies.

Section 1) This Constitution shall be adopted upon the affirmative two-thirds vote of the ASWOU in the general election and shall enter into full force and effect on May 7th, 2010, superseding any and all governing documents and instruments existing prior to that date.

Section 2) This Constitution, and all enactments of the ASWOU which shall be made in pursuance thereof, shall be the supreme authority of the ASWOU, and any and all other documents and actions of the ASWOU shall be inferior to it.

Section 3) This Constitution may be amended by a two-thirds vote of the Senate and concurrence by two-thirds of the valid votes cast in an election.

A) For the aforementioned purposes, a valid election requires 10% of the ASWOU membership.

Section 4) This Constitution may be amended or repealed by initiative of the ASWOU membership.

A) An initiative petition shall require the valid signatures, as described in Article VI, Section One, of a minimum of 10% of the ASWOU membership.

B) The JB must hold an election within 14 calendar days, after receiving a valid initiative petition.