PREAMBLE
We, the students of the University of Nebraska, with the consent of the Board of Regents, do hereby ordain and establish this constitution for the administration of student government.
ARTICLE I. NAME
The name of this association shall be the Association of Students of the University of Nebraska at Lincoln, herein after referred to as ASUN.
ARTICLE II. PURPOSES
The purposes of ASUN shall be to act as the supreme student governing body in the regulation and coordination of all phases of student self government and to serve as an agency through which relationship between the administration, faculty, and students and between the general public and students may be maintained.
ARTICLE III. MEMBERSHIP
All regularly enrolled students in the University of Nebraska at Lincoln will be members of ASUN and shall be entitled to take part in all activities of ASUN as hereinafter outlined.
ARTICLE IV. POWERS
ASUN, acting through its appropriate branches, shall have the following powers, in so far as these powers do not conflict with general University regulations established by the Board of Regents.
Section l. Powers Relating to Organizations.
A. To recognize all proposed new student organizations and to approve their constitutions, without which recognition and approval an organization shall not be permitted to function as a recognized student organization.
B. To establish, by majority vote of the Student Senate, new and uniform conditions for the continued approval of existing student organizations to demand compliance with said new conditions within a reasonable and stated length of time, and to revoke, by ruling in Student Court, the constitution and rights function of organizations failing to comply.
C. To assist in and/or conduct all student elections of general University interest, not excluding those for contests sponsored by subordinate organizations.
D. To review for approval actions taken by student groups when such actions are of concern to the student body. These groups shall include but not be limited to student organizations, advising boards, and all branches of ASUN.
Section 2. Powers Relating to Ad Hoc Assemblies.
A. To approve and/or regulate all student rallies and migrations.
B. To approve and/or regulate all ad hoc assemblies sponsored by student organizations.
Section 3. Powers Relating to Removal or Disqualification.
A. To suspend or dismiss from office, by conviction in Student Court, any student executive of the government of ASUN who shall refuse to carry its legislation into effect.
B. To disqualify, suspend, or dismiss from ASUN office, for a stated length of time, by conviction of the Student Court, any student who shall violate duly-enacted ordinances, regulations, or other legislation of ASUN.
C. Articles of Impeachment may be brought against any Senator, the President, the First or Second Vice Presidents or any Justice of the Student Court.
Section 4. Powers Relating to Liaison.
To serve as liaison between students and faculty, between students and the Board of Regents and/or their representatives, between students and the state legislature, and between students and the general public at such time as the general welfare of the students and/or the University shall require such service.
Section 5. Powers Relating to General Welfare.
To exercise any other powers necessary for the general welfare of the students.
Section 6. Powers of Implementation.
To enact such legislation as may be necessary for the execution of the powers granted in this Article.
Section 7. Powers of Petition.
A. Initiative. By a petition signed by at least three (3) percent of the regularly enrolled full-time students, to introduce a measure in the Senate. If after fifteen (l5) days, the Senate shall not have passed the measure in its original form, another petition in its favor, signed by no fewer than five (5) percent of the regularly enrolled full-time students, shall require the Electoral Commission to schedule and conduct a referendum on it within ten (l0) class days. Approval by such a referendum shall require the President of ASUN to enact it by decree.
B. Referendum. By petition signed by at least five (5) percent of the regularly enrolled full-time students, to suspend the enactment of any measure other than the budget passed by the Senate, and to require the Electoral Commission to schedule and conduct a referendum on it within ten (l0) class days. Rejection of the measure in such a referendum shall require the President of ASUN to declare it null and void.
C. Recall.
1. By a petition signed by thirty-three (33) percent of all the regular full-time students enrolled in a college to require the Electoral Commission to schedule and conduct within fifteen (l5) class days a special election for a Senate seat in that college by the final apportionment at the Spring General Election.
2. By a petition signed by thirty-three (33) percent of all the regularly enrolled full-time students of the entire University, to require the Electoral Commission to schedule and conduct within fifteen (l5) class days a special election for the Presidency, Internal or External Vice-Presidency of ASUN.
3. Recall Procedure. In all cases of recall, the official recalled shall continue in the powers of their office until the special election and may be a candidate at that election. The special election shall be conducted under the rules promulgated by the Electoral Commission and resembling as closely as possible those prescribed in the Constitution for the general election. Candidates elected at the special election shall serve only for the unexpired term of the recalled official.
D. Procedure. In all petitions submitted to the Electoral Commission under the provisions of the Article, signatures shall be accompanied by university identification card numbers and shall be validated by the Electoral Commission.
ARTICLE V. BRANCHES
The legislative, executive, and judicial branches of ASUN shall be as follows:
Section l. The ASUN Legislative Branch.
- The Student Senate, hereinafter referred to as the Senate.
1. Composition. The Senate shall consist of forty-one (41) elected members with voting privileges, and the President, Internal Vice President, and External Vice President, who shall serve without voting privileges except as hereinafter noted. No Senate member is eligible for an executive or judicial position except as hereinafter noted.
a. Elected members. The elected members shall be chosen by direct apportionment from the colleges of the University of Nebraska in accordance with Article VI below.
b. Replacements for elected members. In case of a vacancy in elected representatives, a replacement to fill out the unexpired term shall be elected by the Senate from those who have submitted written applications for the position. The replacement shall meet all the regular requirements of the office.
i. At-large replacements. The vacant Senate positions for any college may be filled by at-large members, provided the position
has gone unfilled for more than 30 days after the vacancy’s occurrence.
c. Additional senator(s) will be added once a threshold of an average of 650 students per senator is exceeded, due to growth of the student body based on the most current enrollment numbers; once a senator position is added to the allocation number, it cannot be removed.
2. Eligibility.
a. Elected members. To be eligible for election to the Senate, a candidate must:
i. Be a regularly enrolled member of the college they propose to represent and agree in
writing to resign if they should terminate their enrollment in that college during the term of office for which they seek election.
1. Exploratory & Pre-Professional senators are allowed to declare a college and
maintain their senate seat for the duration of the term.
ii. Be regularly enrolled as a full-time student, either as an undergraduate or as a graduate
student.
iii. Meet university regulations for participation in extra-curricular activities.
3. Terms of Office.
a. Elected members. Elected members shall assume office at the regularly scheduled meeting of Senate, or within ten (l0) class days after the Spring General Election. In the event of a run off election, the elected representatives shall take office at the first regularly scheduled meeting of Senate or within ten (l0) class days after the run off election. Members shall serve for one (l) year.
4. Powers. The Senate shall have the following powers:
a. To determine its own rules of procedure, provided that such rules do not infringe upon powers granted by this Constitution to other branches of ASUN.
b. To elect its own officers, among them a Speaker of the Senate to act in the absence of the External Vice President.
c. To enact regulations, ordinances, statements of policy, and other legislation of ASUN by simple majority, provided that at least two-thirds (2/3) majority of the entire voting membership of the Senate is present. The entire voting membership of the Senate shall be defined as the number of members presently holding a Senate seat.
d. To enact Bylaws of ASUN, i.e., acts concerned with functions of ASUN as noted elsewhere in this Constitution, by a two-thirds (2/3) majority of the entire voting membership of the Senate.
e. To adopt, in the name of ASUN, resolutions on public issues.
f. To adopt recommendations concerning affairs that affect the University at large by simple majority, provided that at least two-thirds (2/3) of the entire voting membership of the Senate is present at the meeting and to present these recommendations to the University official concerned.
g. To authorize expenditures by the Treasurer of ASUN according to the procedures of Article VIII below, and to initiate ASUN assessments.
h. To call itself into special session on twenty-four (24) hours notice by a petition signed by at least one-third (l/3) of the voting membership of the Senate and deposited with the Internal Vice President, or by vote to this effect by one-third (l/3) of the Senate membership, or by receipt of a petition signed by five (5) percent of the voting members of ASUN and deposited with the Internal Vice President.
i. To ratify by a majority secret ballot of the Senate articles of impeachment against any Senator for good cause and appoint prosecutors. The matter shall then be referred to the Student Court for the trial of impeachment.
j. To ratify by a ⅔ majority secret ballot of the Senate articles of revocation against any officer of the Senate, including but not limited to the Speaker of the Senate and the Appointments Secretary.
k. To ratify articles of impeachment by a two-thirds (2/3) majority of the entire voting membership against the President or Internal or External Vice Presidents of ASUN, or a Justice of the Student Court for malfeasance of office, and to appoint prosecutors. The matter shall then be referred to Student Court for the trial of impeachment. In the event that the person or persons being impeached is a member of the Student Court, the matter shall then be referred to the University Judicial Board for the trial of impeachment.
l. To establish by bylaw procedures for the recognition of new student organizations and the approval of their constitutions.
m. To enact, alter, or amend regulations pertaining to all student organizations in the interests of the University as a whole.
n. To sponsor, authorize, or regulate rallies, assemblies, and convocations of students and student migrations, subject to the restrictions of the bylaws of the Board of Regents.
o. To establish such permanent or ad-hoc legislative committees as it sees fit, providing that permanent committees be established by bylaw.
p. To express student opinions and attitudes, through its separate members, on all issues and aspects of student life as those opinions and attitudes exist in the college community.
- Standing Committees. The Legislative Branch shall have standing committees whose composition shall be determined by the Speaker of the Senate. Standing committees shall have the authority to draft and propose legislation for consideration by the Senate.
Section 2. The ASUN Executive Branch.
A. The President.
1. Election. The President of ASUN shall be elected by a majority vote of the students voting in the election or be elected by a margin over thenext higher candidate of at least ten (l0) percent of the total vote cast at the general election under the provisions of Article VI.
2. Eligibility. To be eligible for election to the Presidency of ASUN, a candidate must:
a. Meet all university regulations for participation in extra-curricular activities.
b. Have completed twenty-four (24) semester hours of credit on that campus during the two years immediately preceding the academic term in which the office is sought, and have
completed the previous semester in residence.
c. Be continuously enrolled in at least six (6) class credit hours on that campus (excluding
thesis, correspondence and independent study courses, and summer sessions credits); upon
written verification by the Dean for Graduate Studies that a graduate student is devoting
full-time effort to thesis-related research and is considered to be a full-time student, a
graduate student may register for fewer than six class credits and still maintain eligibility for office.
3. Term of Office. The term of office of the President shall be the same as that of an elected member of the Senate.
4. Replacement. In case the President of ASUN shall become unable to fulfill their duties by reason of disqualification, disability, death, or impeachment and conviction, the Internal Vice President of ASUN shall assume the powers and duties of the office and serve for the remainder of the original term.
5. Powers. The President of ASUN shall have the following powers:
a. To introduce in the Student Senate measures designated as "Government Bills".
b. To set the agenda, by notice given in writing to the Internal Vice President at least twenty-four (24) hours prior to each regular Student Senate Meeting, which agenda may be altered by a two-thirds (2/3) majority of those voting, and subject to Article IX, Section l.
c. To order the Electoral Commission to schedule and conduct within eight (8) days a referendum on:
a. Any Government Bill not passed in its original form within eight (8) days after its
introduction.
b. Any non-Government Bill passed by the Senate.
d. To enact, by decree, any Government Bill approved at a referendum or to declare null and void any bill rejected at a referendum.
e. To call special sessions of the Senate on twenty-four (24) hours notice by means of a request to that effect deposited with the Internal Vice President.
f. To prosecute student organizations or individual students before the Student Court for violation of duly-enacted legislation of ASUN.
g. To be responsible for the execution of all provisions of the Constitution and Bylaws, to carry out duly enacted legislation of the Senate, and to report all such executive action to the Senate.
h. To submit to the Committee for Fee Allocation an annual budget in accordance with Article VIII of this Constitution.
i. To represent ASUN in a ceremonial capacity and to state student opinion before public and official assemblies, and in correspondence.
j. To approve, by affixing their signature within eight (8) class days, all legislation enacted by the Senate, or to veto it within eight (8) class days and to submit a statement of their objections the Senate at
their next regular meeting after the veto, at which time the veto may be subject to reversal by two thirds (2/3) majority of the entire voting membership of the Senate.
k. To present an annual written report summarizing the past year's activities of ASUN at the first meeting following the general election or at the first meeting following a run off election.
l. To preside over meetings of student assemblies sponsored by ASUN.
m. To preside over meetings of the Executive Committee.
n. To appoint and administer the Primary Advisor and all other staff as the President sees fit. This staff shall include, but not be limited to: Student Legal Services, personnel, secretaries, and the Government Liaison Committee Chair with the GLC chair needing Senate approval.
o. To appoint the Treasurer.
p. To appoint the ASUN advisor.
B. The Internal Vice President.
1. Election, Eligibility, and Term of Office. The election, eligibility, and term of office of the Internal Vice President of ASUN shall be identical with those of the President of ASUN.
2. Replacement. In case the Internal Vice President of ASUN shall become unable to fulfill their duties by reason of disqualification, disability, death, or impeachment and conviction, or in the event of succession of the Vice-President to the President, the External Vice President of the Senate shall assume the power, duties, and responsibilities of the office of the Vice-Presidency, including the succession to the Presidency in the event of the vacating of that office, for the remainder of the original term.
3. Powers. The Internal Vice President of ASUN shall have the following powers:
a. To succeed the President in the event of the vacation of that office.
b. To exercise the powers of the President in the absence of that officer.
c. To preside over meetings of the Student Senate.
d. To assume such duties as shall be assigned in writing by the President of ASUN.
e. To remove, by decree, any member of the Senate upon three (3) unexcused absences. These three absences may be accumulated in the form of missed regular meetings, special meetings, or orientation and training sessions.
f. To remove, by decree, any member of the Senate for consistent absences from committee meetings, when such absences are to the detriment of ASUN.
C. The External Vice President.
1. Election, Eligibility, and Term of Office. The election, eligibility, and term of office of the External Vice President of ASUN shall be identical with those of the President of ASUN.
2. Replacement. In case the External Vice President of ASUN shall become unable to fulfill their duties by reason of disqualification, disability, death, or impeachment and conviction, or succession of the External Vice President to the Internal Vice President, the Speaker of the Senate shall assume duties, and including the succession to the Internal Vice-Presidency in the event of the vacating of that office, for the remainder of the term.
3. Powers. The External Vice President of ASUN shall have the following powers:
a. To maintain relationships between registered student organizations and ASUN and to assume such duties within the Executive Branch as shall be assigned by the President of ASUN.
b. To succeed the Internal Vice President in the event of the vacation of the office.
D. The Chief of Staff.
1. Term of Office. The Chief of Staff shall be appointed by the President and serve as the President of ASUN directs.
E. The Executive Committee.
1. Composition. Senate committee chairs shall serve with the President, the Internal and External Vice-President, and the Speaker of the Senate as an Executive Committee.
2. Powers. The Executive Committee shall serve as a coordinating body between the Legislative and Executive Branches of ASUN.
F. The Primary Advisor.
1. Eligibility. The advisor shall be a member of the administrative staff and shall be appointed by the President and approved by the Senate.
2. Term of Office. The advisor shall serve for the time period established by the President of ASUN.
3. Powers. The Primary Advisor shall be responsible to the President for the maintenance of all minutes, legislation, decrees, and correspondence and all such duties as shall be assigned by the President. The Primary Advisor shall act in an advisory capacity.
Section 3. The Judicial Branch.
A. Composition. The Student Court shall consist of one (l) Chief Justice, and six (6) Associate Justices, appointed by the President of ASUN. These appointments shall be approved by at least two-thirds (2/3) of the membership of the Senate thirty (30) class days prior to the general election. The Chief Justice shall be a student enrolled in the College of Law.
B. Eligibility. To be eligible for appointment to the Student Court, a student nominee must meet all university regulations for participation in extra-curricular activities.
1. Students actively serving as senators shall not be eligible to serve concurrently as justices on the Student Court.
C. Terms of Office. The term of office of all Justices shall be the same as that of an elected member of the Senate.
D. Vacancies. Vacancies on the Student Court shall be filled within fifteen (l5) class days according to the procedures as outlined for selection of original members.
E. Powers. Nothing herein is to be construed as limiting or supplanting any of the rights, privileges, immunities, or obligations of each student under the rules and regulations of the University of Nebraska Board of Regents, the ordinances of the City of Lincoln, Nebraska,
and the laws and constitutions of the State of Nebraska and the United States of America, but the provisions herein are to be a process in addition to those rights, privileges, immunities, and obligations. The judicial power of the Student Court shall extend to the following controversies:
1. Matters of the Trial of Impeachment.
2. Matters of interpretation of this constitution.
3. Matters of contested elections.
4. Matters concerning organizations when referred to the Court by the University of Nebraska administration, the Student Senate, or an individual student.
5. Other matters arising under the bylaws, or ordinances of the Student Senate, or the exercise of the powers of the President of Internal First and External Vice Presidents of ASUN of Students of the University of Nebraska.
C. Rules. The Student Court shall operate under and be governed by such rules and regulations as the Student Senate shall adopt by ordinance or bylaw except that such rules and regulations shall not infringe upon any of the powers herein granted to the Student Court.
D. Disposition of Matters. Parties involved in a decision of the Student Court shall have an appeal to the University Appeals Board where that body grants such an appeal. The decisions of the Student Court, where not altered by the University Appeals Board on appeal, shall be complied with and enforced by the legislative and executive branches created in the Constitution. The Student Court may also recommend to the appropriate branch penalties or sanctions in any controversy.
E. Rights of Students and Student Organizations. In addition to the rights, privileges, immunities, and obligations which each member of the Association of Students of the University of Nebraska holds under the rules and regulations of the University of Nebraska Board of Regents, the ordinances of the City of Lincoln, Nebraska, and the laws and constitutions of the State of Nebraska and the United States of America it is herein recognized that:
1. The right of each student and each student organization to local, speedy, and just determination of controversies wholly confined within the community of the University of Nebraska.
2. The right of any student against whom disciplinary action is contemplated by the University of Nebraska to be informed of and receive a hearing concerning the alleged conduct on which such contemplation is based.
3. The right of each student through representatives to participate in a process by which disciplinary action against any other student is or is not recommended to the University administration, and a process by which controversies arising within student government and organizations are settled.
ARTICLE VI. ELECTIONS
Section l. The Electoral Commission.
A. Composition. The Electoral Commission shall consist of six (6) commissioners, two of whom shall be faculty or staff representatives appointed by the President and approved by the Senate, two students appointed at large and approved by a majority vote of the Senate, one of whom shall be a member of the executive committee, one of whom shall be appointed by the President and serve as Director.
B. Eligibility. To be eligible for appointment to a student seat on the Electoral Commission, a nominee must be a regularly enrolled full-time student, and meet university regulations for participation in extra-curricular activities.
C. Term of Office. Student members of the Commission shall be nominated before the third full week of classes of each semester of each regular academic year and shall serve for the remainder of that semester.
D. Duties. The duties of the Electoral Commission shall be:
1. To announce filings and schedule election dates for all elections conducted by ASUN.
2. To publicize the dates and procedures for filings and elections, and to issue at the request of candidates advisory opinions as to the legality of proposed methods in election campaigns.
3. To utilize web-based online voting as the primary method for casting votes.
a. To establish a system of protocol outlining web-based online voting procedures.
b.To select a vendor as a vehicle for implementing said system. The vendor for the voting system must be specified in the Electoral Commission Rules.
c. To validate results with at least three Commissioners being present and at least one being a faculty representative.
d.To ensure that a record of votes is preserved and accessible for at least thirty (30) days following an election.
4. To announce the complete results of the election to the press, including the number of votes cast for each candidate and to be prepared, upon request, to issue a break-down of total votes cast for President, amendments, referenda, senators, and advisory boards by college.
E. Powers. The Electoral Commission shall have power to:
1. Issue decisions on alleged infractions of electoral laws or rules and to impose sanctions against those individuals or groups violating electoral laws and rules and to enforce such sanctions. All appeals to the decision of the Electoral Commission shall be referred to the Student Court.
2. Annul, by two-thirds (2/3) majority of all its members, any election for good cause and to reschedule it within ten (l0) class days.
3. Reapportionment. The Electoral Commission shall reapportion by direct apportionment the representation of the Student Senate among the several colleges of the university according to the
enrollment of the first semester. The apportionment shall be completed and the results publicized by the first day of November.
4. Establish at the beginning of each semester regulations with the consent of the Senate.
F. The Commission shall be responsible to the President of ASUN.
Section 2. Election of the President, Internal Vice President, and External Vice President.
A. Election. The President the Internal Vice President, and the External Vice President shall be elected as a slate.
ARTICLE VII. BUDGET
The President of ASUN shall prepare an itemized budget of proposed expenditures of ASUN for the coming fiscal year. This budget shall be submitted for approval to the Committee for Fee Allocation for review.
Included within this budget shall be the requested semesterly assessment for ASUN services which shall be levied on each member of ASUN.
After approval, the budget shall be introduced in the Senate as an Appropriations Bill. All monies will be handled by the Student Life Business Services regardless of source.
ARTICLE VIII. MEETING
Section l. The Senate.
Regular meetings of the Student Senate shall be held once each week during the regular academic year on a day to be decided by legislative act of ASUN. All meetings of the Senate shall be open. Provision shall be made in the agenda of every meeting for students to present proposals or grievances to the Student Senate. The procedures outlined in Robert's Rules of Order, latest edition, shall be followed at all meetings, unless otherwise stated in the bylaws.
Section 2. The Executive Committee.
The Executive Committee shall meet at the call of the President.
ARTICLE IX. AMENDMENT
Section 1. Proposals.
Proposals for amendments to this Constitution may be originated by:
A. A two-thirds (2/3) majority of the entire voting members of the Senate.
B. A petition submitted to the Senate, signed by not less than five (5) percent of the regularly enrolled students of the University. Signatures must be validated by the Electoral Commission.
Section 2. Ratification.
A. If the proposal originates in the Senate, the proposal shall be included on the ballot at the Spring General Election.
B. If the proposal originates by petition, the proposal shall be voted on by the students at the special referendum to be held by the Electoral Commission on the date specified in the petition. The date must occur on a class day during the Fall or Spring Semester, at least ten (l0) class days before the end of the Fall or Spring Semester, and no more than fifteen (l5) class days after the submission of the proposal.
Section 3. Publication
Proposals for amendment must be submitted for publication in full by the Electoral Commission in the student paper recognized by University of Nebraska Board of Regents at least three (3) times prior to the election.
Section 4. Vote required.
The amendment shall be ratified by a two-thirds (2/3) majority vote of voting students.
Section 5. Constitutional Convention.
A. A call for a Constitutional Convention may be originated by:
1. A majority vote of three-fourths (3/4) of all elected members of Senate.
2. A petition submitted to the Senate, signed by not less than thirty-three (33) percent of the regularly enrolled students of the University of Nebraska. Signatures must be submitted with university identification numbers and shall be validated by the Electoral Commission.
B. The composition of the convention shall be determined by a bylaw of the Senate.
C. The new Constitution resulting from the convention shall be ratified by a two-thirds (2/3) majority vote of the eligible students voting in the spring election.
ARTICLE X. TRANSFER OF FUNCTIONS
Section 1. General Provision.
A. Elected Officials. The officials elected to offices of ASUN at the general or special elections shall assume their responsibilities and take the oath of affirmation of office at the first meeting of Senate or within ten (l0) class days after a special or run off election.
Members of the Senate shall be sworn in by the outgoing Internal Vice President while the President and Internal and External Vice Presidents of ASUN shall be sworn in by their predecessors.
B. Appointed Officials. Officials appointed at any time after this Constitution shall have taken effect shall assume the responsibilities of their offices and take the oath of affirmation within twenty-four (24) hours after the approval of their nomination by Senate.
C. Form of the Oath. Officials shall swear or affirm upon assuming their responsibilities to uphold the processes prescribed by the Constitution, to use the powers of their office to the best of their wisdom, and to fulfill conscientiously the responsibilities of their offices.