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Washington and Lee University

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STUDENT BODY CONSTITUTION

Passed March 1, 2004, by a 957 to 142 vote of the Student Body
Amended March 28, 2013, by a 883 to 368 vote of the Student Body.

PREAMBLE

This Constitution is the expression of a self-governing Student Body and is the foundation of its government by providing the overarching framework for its maintenance. Every student body member shall adhere to these provisions and applicable University policies.

It is the intent of the framers of this Constitution to present an instrument devoid of complexity, which shall represent a means of settlement of all affairs that concern the Student Body or any part thereof and shall be interpreted and administered by the Executive Committee of the Student Body to the advancement of the best interests of Washington and Lee University students.

I. MEMBERSHIP

All regularly matriculated students at Washington and Lee University, as determined by the Registrar, shall be members of the Student Body.

II. STUDENT RIGHTS

A. All members of the Student Body, as defined in Article I, shall be guaranteed these explicit student rights:

1. The right to due process pursuant to the guidelines and rules set forth by the University, this Constitution, and the White Book, if accused of misconduct that falls under the jurisdiction of the Student-Faculty Hearing Board, Student Judicial Council, or Executive Committee.

2. The right to at least one honor advocate if accused of misconduct that falls under the jurisdiction of the Student-Faculty Hearing Board, Student Judicial Council, or Executive Committee.

3. The right to appeal any legislative action of the Executive Committee or any guilty verdict from an Executive Committee honor hearing to the Student Body and to appeal a Student Judicial Council or Student-Faculty Hearing Board decision to the University Board of Appeals.

4. The right to vote in Student Body elections and all matters voted on by the Student Body, even if studying abroad.

5. The right to appear before student governing bodies with any matter of interest or concern.

III. STRUCTURE OF GOVERNANCE

A. Student Body government includes both the Legislative Branch, comprised of the Executive Committee, and the Judicial Branch, containing the Student-Faculty Hearing Board, the Student Judicial Council, the Executive Committee, the University Board of Appeals, and other conduct review bodies established by the Executive Committee or the University.

B. The officers of the Student Body shall be a President, a Vice-President, and a Secretary to be chosen by and from the members of the Student Body.

IV. DUTIES OF OFFICERS

A. The President

1. Shall preside at all meetings of the Student Body and of the Executive Committee;

2. Shall call a meeting of the Student Body or Executive Committee when necessary, or upon request of two-thirds of the Executive Committee then in office, or upon petition in writing signed by one hundred members of the Student Body;

3. Shall appoint all special committees and oversee their progress, subject to the approval of a majority of the members of the Executive Committee;

4. Shall report directly to the Board of Trustees regarding the state of the Honor System and other issues concerning the Student Body;

5. Shall have the power, subject to the approval of two-thirds of the members of the Executive Committee, to do anything necessary to promote the interests of the Student Body; and

6. Shall perform all additional duties prescribed by The Honor System White Book.

B. The Vice-President

1. Shall fulfill the duties of the President in the absence of the latter, or in case of illness, death, or withdrawal from the University;

2. Shall manage disbursement of the Student Body funds.

3. Shall oversee the official recognition of student organizations, subject to the approval of a majority of the members of the Executive Committee;

4. Shall monitor the expenditures and acts of officially recognized organizations; and

5. Shall perform all additional duties prescribed by The Honor System White Book.

C. The Secretary

1. Shall keep an accurate record of the proceedings of the meetings of the Student Body and Executive Committee, to include general reasons for entering into Executive Session, and shall publicly post these minutes upon completion of the next business meeting.

2. Shall communicate with the Student Body officers to create a tentative agenda for Executive Committee meetings, and shall publicly post this agenda at least 24 hours before each meeting.

3. Shall take charge of all available records, documents, and other papers of the Student Body;

4. Shall take charge of all clerical duties to be performed for the Student Body or the Executive Committee;

5. Shall post, at a minimum on the EC website, any notices called for by the Constitution as well as any other that the Executive Committee may advise; and

6. Shall perform all additional duties prescribed by The Honor System White Book.

D. Succession of Officers

1. In the event that the President of the Student Body leaves during the year, the Vice-President shall take his place and the Secretary shall move to fill the Vice-President's spot. The Executive Committee will vote on one member of the Committee to become the Secretary. Two-thirds of all members of the Executive Committee must approve this appointment.

2. The order of succession specified above shall apply for the position of Vice-President and Secretary of the Student Body.

3. In order to fill the vacated spot on the Executive Committee, a class election will be held for that member's class that has been voted on to move to an officer spot.

V. EXECUTIVE COMMITTEE

A. The name of this committee shall be: "THE EXECUTIVE COMMITTEE OF THE STUDENT BODY OF WASHINGTONAND LEE UNIVERSITY."

B. The Committee shall be composed of the following members:
• President of the Student Body
• Vice-President of the Student Body
• Secretary of the Student Body
• One Representative from the 3rd Year Law Class
• One Representative from the 2nd Year Law Class
• One Representative from the 1st Year Law Class
• Two Representatives from the undergraduate Senior Class
• Two Representatives from the undergraduate Junior Class
• Two Representatives from the undergraduate Sophomore Class
• One Representative from the undergraduate First-Year Class

C. Any members of the Student Body may seek these offices through student elections, except those studying abroad during any academic term coinciding with the tenure of the position offered for election. Students of the Legal Law Master (LLM) Program may seek office through the 1st Year Law Class.

D. Seven members of the Committee who possess votes shall constitute quorum for non-honor matters. Ten voting members shall constitute a quorum for all honor matters.

E. The President shall try to preside in accordance with Roberts Rules of Order unless the Committee votes by two-thirds majority to observe another procedure.

VI. THE LEGISLATIVE BRANCH

A. The Executive Committee shall have primary legislative power in all matters pertaining to the Student Body. It shall act as the representative of the Student Body in any situation in which such representation is needed.

B. It shall establish a Voting Regulations Board to superintend Student Body elections according to Article IX, Section E.

C. It shall pass upon all resignations and may require the resignation of any unsatisfactory officer upon two-thirds vote of members of the Executive Committee.

D. It shall have the power to fill vacancies occurring on the Executive Committee, Student Judicial Council, and all other Executive Committee appointed positions.

E. It shall remove any of its members for continual non-attendance, as defined by three unexcused absences from meetings per term in office, and see to the installation of a successor as provided for in Article IV, Section D.

F. The President shall temporarily appoint members of the Student Body to help meet any quorum requirements.

G. It shall take charge of the installation of new Executive Committee officers and members.

H. It shall allow any student who desires to appear before it in person, to present for consideration any question of interest or concern.

I. While in office, the President shall appoint standing and special committees and their Chairmen, subject to the approval of a majority of the members of the Executive Committee. To these committees shall be entrusted during the coming year the formulation and enforcement of regulations in accord with the nature of the Committee. Such committees and regulations are subject to the control and approval of a majority of the members of the Executive Committee.

J. By direction of the Board of Trustees of Washington and Lee University it shall be the duty of the Executive Committee to appoint each year the student members to all appropriate Faculty Committees, at the time designated by the Board of Trustees.

K. An Executive Session is defined as a session of the Executive Committee that is closed to the public. Individuals who are not presently serving on the Committee can be present only at the express invitation of the Committee.

L. The Executive Committee may, on a vote of two-thirds of a present quorum or the discretion of the president, decide to enter into Executive Session.

M. The Executive Committee shall establish guidelines for recognizing student organizations. The current policy shall be on the Executive Committee website. Amendments to these guidelines may be adopted by a two-thirds vote of the quorum present in two consecutive votes, provided that such votes are at least one week apart and at least 72 hours of notice has been given to the Student Body prior to the initial vote.

N. The Executive Committee shall establish guidelines for funding student organizations. The current budget policy shall be on the Executive Committee website. Amendments to these guidelines may be adopted by a two-thirds vote of the quorum present in two consecutive votes, provided that such votes are at least one week apart and at least 72 hours of notice has been given to the Student Body prior to the initial vote.

O. The Executive Committee shall amend the student activity fee as set forth in Article XII.

VII. THE JUDICIAL BRANCH

A. Jurisdiction

1. The Executive Committee shall have jurisdiction in every Honor System case, as provided for by the Board of Trustees. Each case shall be conducted in accordance with the Honor System procedure as stated in The Honor System White Book.

2. The Executive Committee shall see that the Honor System is carefully and thoroughly explained to the entire Student Body and faculty. It shall provide all students and faculty members with access to the Constitution and Honor System White Book.

3. The Executive Committee may delegate some of its judicial power to other judicial bodies if necessary, in which case these bodies may have jurisdiction over a specific non-honor related type of case, as stipulated by the Executive Committee.

4. The Student-Faculty Hearing Board shall have jurisdiction over all misconduct cases involving hazing, discrimination, harassment, or sexual misconduct. The Executive Committee may adjudicate cases that involve an alleged honor violation.

5. The Student Judicial Council shall have jurisdiction over all misconduct cases that are not under the jurisdiction of the Executive Committee or the Student-Faculty Hearing Board. The Student Judicial Council may refer cases to the Executive Committee. The Executive Committee may adjudicate cases that involve an alleged honor violation.

6. The University Board of Appeals shall have jurisdiction over all appealed cases that are not honor-related.

B. Composition

1. The Executive Committee members shall be elected according to the procedures in Article IX.

2. The Student Handbook outlines the composition of the Student-Faculty Hearing Board, the Student Judicial Council, and the University Board of Appeals.

C. Procedures

1. The judicial procedures of the Executive Committee are outlined in the White Book.

2. The procedures of the Student Judicial Council, Student-Faculty Hearing Board, and University Board of Appeals are outlined in the Student Handbook.

D. Appeals

1. All cases under the jurisdiction of the Student-Faculty Hearing Board and Student Judicial Council may be appealed to the University Board of Appeals.

2. All guilty verdicts from Executive Committee honor hearings may be appealed to an open student body hearing, as stipulated by the White Book.

VIII. OTHER STUDENT OFFICES

A. With the exception of the Law School representatives to the Executive Committee, who shall be elected in accordance with this Constitution, other elective offices in the Law School shall be defined by the Constitution of the Student Bar Association.

IX. ELECTIONS

A. Student Body Officers

1. A petition with the signatures of one hundred and fifty students shall be required from every candidate for President, Vice-President and Secretary of the Student Body and for Chairman and Secretary of the Student Judicial Council. The election dates and the date the petitions are due shall be scheduled by The Executive Committee. The election will be carried out by the Voting Regulations Board.

2. The Executive Committee may call a voluntary assembly of the Student Body after the petitions are filed and in no event less than two days before the election. The purpose of the assembly shall be to provide the candidates for the position of President, Vice-President, and Secretary of the Student Body and for the position of Chairman and Secretary of the Student Judicial Council an opportunity to briefly relate their views and to provide the Student Body a sound basis for casting their ballot. The President of the Student Body shall preside as speaker of the assembly.

B. Class Representative Positions

1. A petition with the signatures of fifty students from the student's respective class shall be required from every candidate for Executive Committee, Student Judicial Council. The election dates and the date the petitions are due shall be scheduled by The Executive Committee. The election will be carried out by the Voting Regulations Board.

2. The election for First-Year Executive Committee Representative and the election for the 1st Year Law Executive Committee Representative shall be held by the sixth Monday that the respective school is in session.

C. Other elections-The Executive Committee shall provide for other elections as necessary.

D. General Provisions for this Article

1. Due notice of all elections shall be given, as provided in Article IV, Section C, 5.

2. All officers and Executive Committee members elected in the Winter shall enter upon their duties the last day of undergraduate Winter Term examinations. All Executive Committee members elected in the Fall shall enter upon their duties upon installation.

E. Voting Regulations Board

1. The Voting Regulations Board shall be the sole administrator and arbitrator of Student Body elections and shall adhere to the election time(s) designated by the Executive Committee.

2. The Voting Regulations Board shall be comprised of one or more members of the Student Body, who shall administer Student Body elections.

3. The elections may be conducted electronically or manually.

4. The Voting Regulations Board may call on the advice and support of (a) faculty and/or staff member(s) in creating, administering, and regulating the polls.

5. The Voting Regulations Board shall:

A. Inform the Student Body of open elective positions in a timely manner;

B. Answer any questions of candidates regarding the elections;

C. Review and publish the rules, regulations, and procedures governing campaigns and elections. If necessary, it may make amendments to the regulations in consultation with the Student Body President;

D. Administer the elections by secret ballot with one vote per student;

E. Ensure that the elections are fairly administered and that the results are accurate;

F. Count all ballots and decide if ballots set aside for review, due to an ambiguous marking or controversy, shall be counted;

G. Publish the results to the Student Body the day after each election;

H. Provide each candidate with the results, including percentage of votes awarded to each candidate, the day after the election;

I. Administer runoff elections or special elections as needed;

J. Sanction any candidate who is in violation of any expressly stipulated campaign or election rule. These sanctions may be appealed to the Executive Committee.

K. Review results of vote individually with a candidate who appeals the results to the Voting Regulations Board or the Executive Committee.

X. INSTALLATION

All student government officers and representatives shall be given the oath of office by the outgoing leader of their respective organization within one week after election. Officers and representatives added throughout the year shall be given the oath of office by the current leader of their respective body. The following oath shall be taken:
"I (giving full name) realize the high trust and confidence placed in me by the Student Body of Washington and Lee University, and being fully aware of the remorse of conscience that would attend my failure to perform my duties, do solemnly swear to support the Student Body, to uphold the Student Body Constitution, and to perform the duties of office to the best of my ability."

XI. STUDENT BODY MEETINGS, POWER, ETC.

A. A meeting of the Student Body shall be called by the President when necessary, or upon request of two-thirds of the Executive Committee then in office, or upon petition in writing signed by one hundred members of the Student Body.

B. One-half the membership of the Student Body shall constitute a quorum.

C. A two-thirds vote of a quorum by the Student Body, at a meeting which has been duly advertised for three days, as provided for in Article IV, Section C, 5, may require the resignation of any unsatisfactory officer named or appointed under this Constitution.

D. A two-thirds vote of a quorum by the Student Body, at a meeting which has been duly advertised for three days, as provided for in Article IV, Section C, 5, may rescind any non-honor matter of the Executive Committee.

XII. STUDENT ACTIVITY FEE

A. With the approval of the Board of Trustees, an activity fee, which shall be set by the Executive Committee by a two-thirds vote of those present, shall be payable at the time of registration and will cover the current school year.

B. If the Executive Committee proposes to change the Student Activity Fee, it shall notify the Student Body of the proposal and provide justification at least 72 hours prior to voting on the change.

C. Central Student Body Fund

1. Student Activities Fees, together with all other money accrued to the Student Body, shall go into the Central Student Body Fund.

2. Each Activities Fee shall be disbursed as determined by the Executive Committee. Prior to September, the Executive Committee shall prepare a budget for the coming school year. All officially recognized student organizations shall be entitled to request money from the Central Student Body Fund.

3. The Committee shall pass the budget allocations by a two-thirds vote of the members. Following adoption of the budget any change in allocations shall require a two-thirds vote of the Executive Committee.

4. Executive Committee Accounts:

a. The Executive Committee Reserve account shall provide for all general expenses of the Executive Committee.

b. The Executive Committee Honor Reserve account shall provide funds in the case of a Student Body Hearing.

c. The Student Body Working Reserve account shall cover organizations that spend more than allocated. This account can also be used to allocate funds throughout the year when organizations request additional funding (i.e. Winter Term).

5. The Committee will place money into an interest bearing account on an annual basis for Mock Convention. This will not affect their ability to request additional funding if needed.

6. At the end of the academic year all residuals from organizations funded by the Student Activities Fee shall revert to the Central Student Body Fund.

D. The University Treasurer

1. Shall assist the Executive Committee in overseeing receipts, disbursements, and transactions to student organizations.

2. Shall keep separate book accounts of each organization.

3. Shall provide the Vice-President of the Executive Committee with financial account statements.

XIII. AMENDMENTS

A. Any amendments to the Constitution shall be proposed:

1. By a two-thirds vote of the Executive Committee; or

2. By being presented by a petition signed by one hundred members of the Student Body.

B. Any proposed amendment shall be public information for at least one week prior to being voted on, as provided in Article IV, Section C, 5.

C. A proposed amendment shall be voted on by secret ballot by the Student Body, of which at least one week's notice has been given.

D. For adoption, a proposed amendment must receive two-thirds of the ballots cast; provided, however, that at least one-half of the Student Body casts ballots. Balloting on the proposed amendment may extend no longer than three consecutive days.

E. This Constitution is to be reviewed every four years, starting in the 2008-2009 academic year, and continuing 2012-2013, 2016-2017, etc. academic years. A committee, consisting of eight members and one chair, will be appointed by The Executive Committee. This Constitution Review Committee shall gather information and promote awareness of the Constitution through discussions with the Student Body and propose amendments to the Constitution, as provided in this Article.

F. The Constitution Review Committee shall maintain a detailed report of its recommendations, proposals, and justifications for such as a resource for the next review committee. These records shall be kept and maintained by the Executive Committee.