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Article I
Student Governments on Campus
A. Source of Power. All power under this
Constitution is derived directly from the students.
B. Governments. There shall be one central
student government for all students of the Ann Arbor Campus of The University
of Michigan, and such additional governments for each school or college;
for the Horace H. Rackham Graduate School; for University owned and operated
housing (and for each individual house and building therein), fraternities,
sororities, and cooperatives; and for such additional jurisdictions as
the smallest government containing the jurisdiction shall certify. The
creation, structure, and functions of each government shall be determined
by a vote of the government's student constituents.
C. Democratically Constituted Governments. Each
student government or organization, each housing unit, and each federation
of student governments, organizations, or housing units shall have a constitution
approved by the students within the jurisdiction of the government, organization,
housing unit, or federation providing for the democratic selection of
its leadership and representative and democratic policy making within
the government, organization, housing unit, or federation. Each such democratically
constituted government shall be the governmental representative, legislative,
and coordinating organization of the students of that jurisdiction, shall,
upon a majority vote of its student constituents levy dues, and provide
for their collection equally from each of the student constituents of
the government; shall appropriate its own dues money and such other income
as it shall receive; shall make appointments of student representatives
to all student seats on committees whose purview is coextensive with the
jurisdiction containing that committee; and shall conduct its elections
so as to insure that its constituents are given ample opportunity to cast
their ballots, that the election is free from fraud and that open campaigning
can take place.
D. Michigan Student Assembly. The Michigan
Student Assembly (hereinafter referred to as "MSA" or "the government")
shall consist of the Assembly, the Steering Committee and the Central
Student Judiciary (hereinafter generally referred to as "CSJ" or "the
judiciary"). MSA shall be the one central student government, and the
representative and coordinating organization of the students of the Ann
Arbor Campus of The University of Michigan.
Article II
Assembly Powers and Functions
Consistent with the limitations imposed in other
sections of this Constitution, the governmental, representative, legislative,
and coordinating powers and functions of the Assembly shall be as follows:
A. Rules. To make and sanction rules governing
students.
B. Dues. To levy dues and provide for their
collection equally among all the students of the Ann Arbor Campus. The
Michigan Student Assembly fee shall be considered to be dues. The Assembly
shall not raise the level of the fee above a maximum limit approved by
a vote of the student body. The fee at the time of the adoption of this
section shall be the initial limit. All fees collected in excess of the
fee limit shall be placed in a University account created for the sole
purpose of holding such funds. These funds shall be appropriated upon
a referenda that empowers MSA to utilize such funds.
C. Appropriations. To appropriate monies
collected under Article II, Section B, and all other sources of income.
D. Lobbying. To lobby for the interests
of students.
E. Judicial Appointments. To appoint members
of the Central Student Judiciary as provided in Article X of this Constitution.
F. Projects. To originate student projects
and activities.
G. Recognition, Coordination, and Calendaring.
To provide a system for the automatic registration of all groups meeting
the definition of a student organization, to coordinate the activities
of such organizations, to calendar or provide for the calendaring of student
sponsored events, and to revoke recognition to groups not meeting those
requirements. A student organization shall be defined as any group which
has at least five students as members, has students or University Family
Housing lessees as a majority of members, and which has University of
Michigan students, Family Housing lessees, faculty, alumni, or staff comprising
two-thirds of the groupÕs membership. Individual members of the
group shall not benefit financially as a result of the groupÕs
activities, for the group to be defined as a student organization. All
groups meeting the definition of a student organization shall have the
right to be registered, and shall be considered recognized upon registration.
H. Elections. To conduct its own election
and referenda among the student body, to provide for the manner of nominating
candidates in its elections and to enact campus-wide regulations governing
the conduct of its elections, campaigns, and related activity.
I. Applying Bill of Rights. To apply the
Bill of Rights contained in Article IX of this Constitution to all student
bodies, all University bodies, and all its own operations.
J. Appointments. To serve as the appointing
body for selection of members of student committees, student representatives
to outside bodies, except insofar as the Assembly may delegate this function,
and to remove such appointees. The foregoing shall include, but not be
limited to such all-campus bodies as the Board of Directors of the Michigan
Union, the Office of Student Services Policy Board, the University Judicial
system, the University Council, the Board in Control of Intercollegiate
Athletics, the University Cellar Board of Directors, the committees of
Senate Assembly, and all regental and presidential committees.
K. Compiled Code. To establish a Compiled
Code of legislation in order to exercise the powers and carry out the
functions described herein.
L. Summer Operations. To provide procedures
for representation of student interests during the spring-summer terms.
Article III
Internal Structure of M.S.A.
A. Powers and Functions of the Officers
1. President. The President shall be
the chief executive officer of the Michigan Student Assembly, President
of the Student Body, and shall preside at meetings of the Assembly
with the power to vote. The President shall call special meetings
of the Assembly or the Steering Committee, collect and disseminate
information to the Assembly regarding the activities of the University,
and shall coordinate MSA activities.
2. Executive Vice President. The Executive
Vice President shall coordinate administrative functions of MSA and
shall serve as the presiding officer of the Steering Committee. The
Executive Vice President shall prepare the agenda for each Steering
Committee meeting and each Assembly meeting, including all motions
presented by Assembly members and constituents for consideration.
3. Treasurer. The Treasurer shall be
the chief financial officer of the Assembly, and along with all other
officers authorized by the Assembly to disburse funds, must be bonded.
The Treasurer shall disburse funds appropriated by the Assembly as
provided for in this Constitution and in the Compiled Code. The Treasurer
shall assist the Budget Priorities Committee in drafting a proposed
annual budget. All financial records of the Assembly shall be open
to public inspection. There shall be an annual audit of the finances
of the Assembly by a firm of certified public accountants, which shall
be made promptly available for complete public inspection.
4. Student General Counsel. The Student
General Counsel shall represent MSA in all legal matters in student
judiciaries except where the Assembly shall designate another representative.
S/he shall advise the Assembly and the Steering Committee on the interpretation
of the Constitution and the Compiled Code. S/he shall be the Parliamentarian
of the Assembly.
5. Other Officers. The powers and functions
of the chair of each internal committee and the chair of each commission
shall be provided for in the Compiled Code.
B. Steering Committee
1. Composition. The Steering Committee
shall consist of the President, the Executive Vice President, the
Treasurer, the Student General Counsel, the chairperson of each internal
committee, and the chairperson of each commission. Each member of
the Steering Committee shall receive one vote.
2. Powers and Functions of the Steering Committee.
a. Committee Coordination. The
Steering Committee shall be responsible for coordinating the activities
of MSA committees. Each internal committee, each commission, and
each select committee shall report to the Steering Committee.
b. Long Range Planning. The Steering
Committee shall develop long range plans for the Assembly.
c. Emergency Action. The Steering
Committee shall be empowered to take action, until the Assembly
is able to meet, in the event of an emergency.
3. Regulations Governing the Steering Committee.
a. Quorum. A quorum for the Steering
Committee shall be two thirds of the committee members.
b. Voting Requirements. All votes
of the Steering Committee require a two thirds majority to pass.
c. Open Meetings. Steering Committee
meetings shall be open, and the Committee shall provide adequate
means of participation for constituents. The meeting may only
be closed by a two thirds vote.
d. Notice. Notice of the time and
place of each Steering Committee shall be announced and the minutes
shall be compiled and made available for public inspection.
e. Roll Call. A roll call on any
issue shall be taken at the request of one fifth of the committee
members.
f. Veto. All actions of the Steering
Committee are subject to the veto of the Assembly.
g. Reserve Clause. All powers and
functions not expressly delegated to the Steering Committee in
this Constitution are reserved for the Assembly. In addition,
he Assembly may perform any of the functions delegated to the
Steering Committee in this Constitution.
C. Committees
1. Internal Committees. The internal
committees are: the Budget Priorities Committee, the Campus Governance
Committee, the Rules and Elections Committee, the Communications Committee,
and the External Relations Committee. The powers, functions, and composition
of these committees shall be provided for in the Compiled Code, except
that the membership of each committee shall be fixed, and at least
one half of these positions shall be reserved for Assembly members.
2. Commissions. The commissions are
Lesbian Gay Bisexual & Transgender Issues, North Campus Affairs,
Minority Affairs, Women's Issues, Academic Affairs, Peace and Justice,
Student Rights, Environmental Issues, International Student Affairs,
Health Issues Campus Safety, and Community Service. The powers, functions,
and composition of these committees shall be defined in the Compiled
Code.
3. Select Committees. Committees may
be created on a temporary basis for special projects. The rules for
creating such committees shall be provided for in the Compiled Code,
but each committee may be created without any change in the Compiled
Code.
Article IV
Assembly Composition
The Assembly shall consist of currently enrolled
students or students who were enrolled in the previous term as follows:
A. Representation for the Assembly shall
be divided among schools and colleges at the Ann Arbor Campus of The University
of Michigan. There shall be one representative for each 850 students or
major fraction thereof enrolled in each of the schools and colleges. A
major fraction thereof shall mean that the remainder is greater than 425
students after the number of students in the school or college is divided
by 850. Each student or college shall receive at least one representative.
B. The basis for deciding the school or
college's current enrollment for purposes of the General Election and
determining the number of seats available to that school or college will
be decided by the Election Board as outlined in Article V, Section E,
Paragraph 3 of this constitution.
C. A President, who shall be President of
the Student Body of The University of Michigan, chief executive officer
of student government of The University of Michigan, and presiding officer
of the Assembly, with one full vote on the Assembly.
D. An Executive Vice President, who shall
have one full vote on the Assembly.
E. A student group with over 400 members
shall be able to apply to the Rules and Elections Committee to have a
non-voting representative of their organization on the Assembly. No student
group shall be able to apply for an ex-officio member if their organization
belongs to a larger student organization. No college or school government
shall be eligible to apply for an ex-officio member. Ex-officio members
shall not count towards quorum.
Article V
Assembly Elections
A. Assembly Representatives. Two elections
shall be held each year. One shall be held during November, and the other
shall be held during March. Each seat shall be held for one year. The
seats for each school or college shall be divided as evenly as possible
between the fall and winter elections. For the purposes of this Constitution,
a school or college shall be defined as a constituent degree granting
unit.
1. Term. Each representative shall serve
a one year term.
2. Vacancies. If a representative's
seat is vacated, then the respective school or college student government
may appoint someone to fill that seat for the remainder of the term.
If there is not a school or college for the respective seat, then
the seat shall remain open until the next General Election. Any open
seats shall be filled at the next General Election.
3. Method of Voting. A student may only
vote for candidates in his/her school or college. A student enrolled
in more than one school or college may only vote for candidates in
one of these constituencies. Each voter may vote for n candidates
in his/her constituency, where n is the number of seats open in the
constituency. The voter shall rank the candidates from 1 to n on the
basis of preference.
4. Counting of Votes. A first place
vote shall count for n points, where n is the number of seats in the
constituency, a second place vote shall count for (n-1) points,...,and
an n-th place vote shall count for one point. The number of points
shall be summed for each candidate, and the n candidates with the
most points in each constituency shall be declared the winners. In
the event of a tie, the newly elected Assembly shall choose among
the tied candidates.
B. Executive Officers.
1. President and Vice President. The
President and Executive Vice President shall be elected together.
They shall be elected during the General Election in the winter term.
Each student shall be allowed to vote for one slate, and the slate
with the most votes shall be declared the winners. In the event of
a tie, the newly elected Assembly shall choose among the tied candidates.
2. Treasurer. The President shall nominate
a candidate for Treasurer. A majority vote of the Assembly is required
to confirm the President's nomination. The Treasurer shall serve a
term of one year. If the Treasurer is an MSA representative, then
s/he shall retain his/her seat on the Assembly.
3. Student General Counsel. The President
shall nominate a candidate for Student General Counsel. A majority
vote of the Assembly is required to confirm the President's nomination.
If the Student General Counsel is an MSA representative, then s/he
shall retain his/her seat on the Assembly.
4. Vacancies. The Executive Vice President
shall succeed to the office of President in the event that the President
resigns or is removed from office. In the event that the office of
Executive Vice President, Treasurer, or Student General Counsel becomes
vacant, then the President may nominate someone to fill the position.
A majority vote of the Assembly is required to confirm the President's
nomination.
C. Officers. The chairperson and vice chairperson
of each committee shall be elected within two weeks of the seating of
new representatives after each General Election or within two weeks of
the creation of a committee if the committee is new. A chairperson may
be removed by a two thirds vote of the Assembly. A vice chairperson is
also elected for each internal committee and for each commission. The
vice chairperson may be removed by a two thirds vote of the body which
elected that person.
1. Internal Committees. The chairperson
and the vice chairperson are elected by the Assembly and from the
Assembly.
2. Commissions. The chairperson of each
commission is elected by the Assembly with the exception of the chairpersons
of the Minority Affairs Commission and the International Student Affairs
Commission. The vice chairperson is elected by the commission.
a. The chairperson of the Minority Affairs
Commission and the International Student Affairs Commission shall
be elected by the organizations and individuals participating in each
respective commission. Individuals elected must be approved by the
general assembly at large. The vice chairperson shall be elected by
the commission.
3. Select Committees. The chairperson is
elected by the Assembly.
4. Vacancies. Vacancies created by the
resignation or removal of a chairperson or a vice chairperson shall
be filled within two weeks of the creation of the vacancy. The vacancy
shall be filled with the same procedure used to elect the chairperson
or vice chairperson.
D. Central Student Judiciary and Elections.
CSJ shall have appellate jurisdiction over the Assembly's General
Elections and any special Assembly Election called for the purpose of
presenting an initiative, referral, or recall of an Assembly representative.
1. Judicial Decision. CSJ shall act
as the appellate court for all complaints of violations concerning
these elections. The trial shall be in accordance with the Bill of
Rights and the Election Code. Judicial decisions may include fines
as penalties. In cases where election regularities are alleged, CSJ
shall require a showing of substantial preliminary cause before entertaining
such cases, and each such case shall be limited to the charges and
evidence originally raised.
E. Election Board. The Election Board shall
oversee the Assembly's General Elections and any special election called
for the purpose of presenting an initiative, referendum, or recall of
a representative.
1. Intent. It is the intention of this
Constitution that the administration of these elections not be hampered
by pre-election disputes, and that disputes which arise be settled
promptly.
2. Initiation at Election Board. All
questions of operation administration, all disputes, and all complaints
of violations of the regulations concerning these elections shall
be initiated at the Election Board.
3. Election Board. The Election Board
shall be responsible for informing the Assembly either upon request
or one week after the Assembly has set the following General Election
date, of what the official student enrollment is in each school or
college for the purposes of determining how many seats each school
or college is entitled to on the Assembly.
4. Apportionment. For the purposes of
determining the student enrollment of a school or college, the final
source for all data on student enrollment is The University of Michigan
Statistical Services Office; however, the Election Board has the authority
in interpreting student enrollment data and determining the official
enrollment in each school or college for the purpose of apportionment
of seats on the Assembly. The enrollment chart which presents a division
between Rackham and non-Rackham graduate students will be the list
utilized in this determination.
5. Certification. The Election Board
will make the decision on certification of the results of these elections
after holding a certification hearing within five days of the last
day of voting in the election. The Assembly representatives shall
be officially removed from the Assembly upon final certification by
the Election Board of recall elections.
F. Multiple Constituencies. No representative
shall simultaneously serve as the MSA representative from more than one
school or college.
G. Write In Votes. Write in votes shall
be permitted in all elections.
Article VI
Assembly Procedures
A. Quorum. A quorum shall consist of a majority
of the total number of votes then in office.
B. Open Meetings. Assembly meetings shall
be open and the Assembly shall provide a means of participation by constituents.
C. Notice. Notices of the time and place
of Assembly meetings shall be published in advance of each meeting and
the actions of the Assembly compiled by the Administrative Assistant shall
be published promptly after each meeting.
D. Roll Call. A roll call on any issue shall
be taken on request of one fifth of the voting members present.
E. Rules of Order. Robert's Rules of Order
(Newly Revised) shall be the official rules of procedure for Assembly
meetings, except where the Assembly shall adopt other operating procedures,
and except that this Constitution shall supersede Robert's Rules and the
operating procedures in case of conflict.
F. Creation of Vacancies. The seat of members
of the Assembly shall be declared vacant upon the failure of the representative
to live up to his/her obligation (see Article XI), upon the graduation
of the representative, upon the resignation of the representative, by
a successful recall election, or upon the withdrawal by a school or college
student government of their appointment in the case of an appointed representative
(see Article V, Section B, Paragraph 2).
G. Salaries-Prohibited. No salary shall
be paid to any Assembly officer. However, actual expenses incurred on
Assembly business may be reimbursed as provided for in the Compiled Code.
This shall not apply to regular office and legal employees.
H. Allocations. No allocation to any outside
organization shall be made except by a major vote of the Assembly. All
disbursements shall require two signatures. No disbursement shall be made
without appropriation or authorization by the Assembly. All financial
records shall be open for public inspection. There shall be an annual
legal audit independent of the Assembly. The Treasurer shall make a monthly
detailed written report to the Assembly stating by item, each item of
income, each expense incurred during the month (but not billed or paid),
each expense billed (but not yet paid), and each item paid.
I. Attendance Roll Calls. There shall be
a roll call of members present at the beginning and the end of each Assembly
meeting.
Article VII
Initiative, Referral, Referendum,
and Recall
A. Initiative. Any action within the authority
of the Assembly may be taken directly by the student body through the
initiative.
1. Petition. An Initiative Petition
shall state the exact legislation desired, and shall be signed by
at least 1,000 current students.
2. MSA Action. Once the petition has
been filed with the Assembly, the Assembly shall either adopt the
legislation or submit it to the student body. The Assembly may in
addition submit alternate legislation to the student body as a separate
question.
3. Election Question. In the referendum,
the question shall be on the adoption of the initiated legislation
and a majority of those voting thereon shall be required for adoption.
4. Binding. Initiated legislation adopted
by the student body shall be binding on the Assembly, and the Assembly
shall not legislate contrary to valid vote of the student body until
the next General Election.
B. Referral. The Assembly may, by vote of
a majority present and voting, refer any action it may itself take to
the student body. In the case of legislation dealing with an explicitly
defined and concerned segment of the student body, the legislation may
be submitted to that segment by a vote of two-thirds of the Assembly present
and voting. Referred legislation adopted by the student body shall be
binding on the Assembly, and the Assembly shall not legislate contrary
to a valid vote of the student body until after the next General Election.
C. Referendum. Any action taken by the Assembly
may be brought before the student body for its decision in a referendum.
1. Petition. A referendum petition shall
state the exact legislation or part thereof which is to be voted upon,
and shall be signed by at least 1,000 current students.
2. Assembly Action. Once the petition
has been filed with the Assembly, the Assembly shall either repeal
the legislation cited, or submit the matter to the student body at
an election. The Assembly may in addition submit an amended form of
the contested legislation to the student body as a separate question.
3. Election Question. In the referendum,
the question shall be on sustaining the action of the Assembly in
adopting the legislation, and a majority of the voting thereon shall
be required for adoption.
4. Binding. This action shall be binding
on the Assembly and the Assembly shall not legislate contrary to a
valid vote of the student body until after the next general election.
5. Limitations. The referendum shall
not extend to Constitutional amendments, not to the part of any appropriation
that would normally have been expended by the time of the referendum,
nor to elections in the Assembly authorized in this Constitution.
D. Recall. The Recall of any Assembly representative
may be initiated by a vote of two-thirds of the fixed membership of the
Assembly or by a recall petition signed by 1,000 students or by one-tenth
of the school's or college's enrolled students (whichever is less). The
only valid signatures on a recall petition shall be those of the students
of the school or college constituency of the representative. The student
petition to recall shall be submitted to the Assembly's Administrative
Assistant. Only the school or college students who are the constituency
of the representative shall be entitled to vote on the recall election
question. The recall election question shall be put on the ballot by petition
and decided upon at the following General Election.
1. Reasons. The Assembly resolution
or recall petition shall precisely state the reason for desiring a
recall.
2. Election Question. Removal from office
shall be accompanied by a vote of the representative's constituency
at an election. In the referendum, the ballot shall state the cause
of recall and ask "Shall _____ (the member named in the petition)
be recalled for these reasons?" (Reproduced exactly as stated in the
petition calling for the recall.) Three-fifths of those voting thereon
shall be required for removal. The sufficiency of the reasons for
recall shall be an entirely political and not judicial question to
be decided by the voters in the referendum.
3. Certification. CSJ shall oversee
any recall election question of an Assembly representative, either
elected or appointed. In the event that an Assembly representative
is recalled in any recall election question CSJ shall certify the
results of the election.
4. Limitations. No person, once recalled,
shall be appointed to fill any vacancy of a voting seat on the Assembly.
E. Procedure. No petition, or matter initiated
by a Constitutional Convention, may be noted on at any election unless
it shall have been filed with the Assembly's Administrative Assistant
at least five weeks before such election. However, if any petition is
filed on this last filing day, filing shall be reopened for three additional
days.
1. Deadline for action by the Assembly.
Any Assembly action on a petition, or on referral of propositions
by the Assembly, shall be completed at least 17 days before the election
involved, and the failure to act by then shall be deemed a refusal
to act.
2. Deadlines. All petitions that may
require a vote of the student body, or matter initiated by a Constitutional
Convention, shall be voted on at an election coming no later than
the first general elections at least five weeks after filing. Any
petition may include the names of one or more persons or organizations
as sponsoring manager; and if a petition contains such, the power
to withdraw the petition, up to 17 days before the scheduled referendum,
shall then reside with that sponsoring manager.
3. Withdrawing. In all cases, however,
any individual signer of a petition may withdraw his/her name from
the petition; and if such individual withdrawals shall, up to 17 days
before the scheduled referendum or election, make said petition too
small, the referendum or recall election shall be canceled.
4. Effective Date. Any legislation adopted
in referendum, except for constitutional amendments which have separate
provision, shall take effect immediately after certification of the
election, unless otherwise provided for as part of the referenda question.
F. Conflict. In the event that, at any one
election, there be adopted conflicting legislation or conflicting constitutional
matter, the conflict shall be resolved in favor of the parts contained
in the proposition receiving the highest number of affirmative votes.
G. Fee Limit Proposals. The maximum limit
of the Michigan Student Assembly fee may be raised or lowered by a majority
vote of the Assembly and a vote of a majority of students voting in a
general election, or by a petition signed by 500 students currently enrolled
at the Ann Arbor Campus of the University of Michigan and a majority of
students voting in a general election. The limit shall not be voted on
during the Spring or Summer terms, or during a special election. A limit
of zero dollars shall be a valid limit option.
1. Multiple Proposals. If more than
one proposal for a change in the maximum limit of the Michigan Student
Assembly fee is on the ballot in a general election, each fee proposal
shall be considered as a separate question. The Assembly shall initiate
no more than two proposals for a change in the fee limit. The Assembly
proposals shall differ from each other in value by at least five percent
of the value of the current limit.
2. Limit Conflicts. In the event that
more than one fee proposal receives a majority of votes cast on a
particular proposal, the fee limit proposal with the highest number
of affirmative votes shall be the new maximum limit to the Michigan
Student Assembly fee. If the number of affirmative votes is tied,
the proposal representing the smallest percent change from the current
level of the maximum limit shall be the new maximum limit.
Article VIII
Amendments
This Constitution may be amended by any of the
following procedures:
A. Amendments by the Assembly. The Assembly
may, by a vote of two-thirds of its members present and voting, initiate
an amendment to this Constitution and refer it to the student body at
a referendum. If three-fifths of those voting on the initiated amendment
in the referendum approve, the amendment shall be adopted.
B. Amendment by Petition. An amendment to
this Constitution may be initiated by a petition signed by at least 1,000
current students, and filled in the same manner as the petition to initiate
legislation. If three-fifths of those voting on the initiated amendment
approve it, then the amendment shall be adopted.
C. Amendments by Constitutional Convention.
Amendments to this Constitution may also be initiated by a vote of
two-thirds present and voting of a duly called and elected Constitutional
Convention. The manner of calling, electing, filling vacancies, and submitting
and dividing questions, and the operating procedures for such convention,
shall be specified in the Assembly's Operating Procedures. Any amendments
initiated by such a convention shall be referred to the student body at
an election. If three-fifths of those voting on an amendment approve it,
the amendment shall be adopted.
D. Student Process. The adoption of an amendment,
or of this Constitution itself, shall be an entirely student process as
provided above and in Article IX, Section C, and shall not be reviewed
by any non-student body.
E. Effective Date. An amendment to this
Constitution shall not take effect until 45 days after certification of
the election in which it was adopted unless otherwise provided for as
part of the amendment question
Article IX
Bill of Rights
It is the intent of this Constitution to assure
equal and effective participation in student government to all members
of the student body. Therefore, the following shall be considered unchallengeable
rights of each individual student and shall be upheld and integrated into
all present and future policies and actions taken by the Assembly or any
part thereof.
A. Enumerated Rights. To help foster and
preserve an enlightened, free, just, and democratic academic community,
the Assembly shall recognize and undertake to guarantee these rights as
rights of students:
1. Freedom of Speech. The right to express
their views on any subject without penalty except where the form of
that expression endangers life, property, or the equal rights of others.
2. Freedom to Publish. The right to
publish and disseminate their views on and off campus free from censorship.
3. Freedom from Censorship. The right
to establish and issue publications free from censorship or other
official action aimed at controlling editorial policy, with the selection
and removal of editorial staffs reserved to the organization sponsoring
the publication.
4. Demonstration. The right to organize
and participate in orderly, non-violent demonstrations on and off
campus.
5. Forming Organizations. The right
to form, join, and participate in any group or organization for intellectual,
religious, social, economic, or cultural purposes, subject to reasonable
regulation by the Michigan Student Assembly.
6. Hearing Speakers. The right to invite
and hear speakers of their choice on subjects of their choice.
7. Use of Facilities. The right to use
campus facilities for meetings and other activities subject only to
payment of normal expenses where necessary, and to such uniform regulations
as may be required for scheduling time and place and assuring the
use of facilities for purposes to which they are suited.
8. Soliciting Money. The right, subject
to reasonable regulations, of recognized student organizations to
solicit money on campus.
9. Petitioning. The right to petition
the appropriate authority for changes in faculty, administration,
curriculum, and University policy, without fear of reprisal.
10. Dissenting Opinions. The right to
take reasoned exception to the data or views offered as part of academic
instruction without fear of penalty, to be graded solely on academic
performance, and to be protected through responsive and well-defined
procedures against prejudice or capricious evaluation.
11. Uniform Regulations. The right to
be subject only to such uniform rules and regulations as have been
fully and clearly formulated, published, and generally made known
to everyone concerned.
12. Joint Concerns. The right to be
exempt from any rule or regulation the subject of which is not legitimately
a joint concern or common interest of the group, organization, or
constituency governed by it, but is rather a matter concerning the
individual members considered severally, that is, an individual's
health, safety, morals, or personal behavior.
13. Non-academic Rules. The right to
be governed only by such non-academic rules as can be changed by a
democratic constituency to which those governed belong.
14. Parietal Regulations. The right
of those residents in University owned, affiliated, or associated
housing to establish democratically, subject to their own periodic
review, all parietal regulations governing their dress, conduct, and
activities within their residence.
15. Democratic Government. The right
to form and maintain a democratic student government with the power
to administer and regulate those affairs primarily concerning students,
to levy and collect assessments on students, and to be represented
in the formulation of all University policy.
16. Fair Judiciaries. The right to an
independent, fair, and impartial judiciary with jurisdiction in all
cases the outcome of which cannot be expulsion, suspension, fine,
or other University disciplinary action.
17. Democratically Drawn Judiciary. The
right in all non-academic areas to be originally judged by a judiciary
drawn from and responsible to a democratic constituency to which they
belong.
18. Suspension and Expulsion. The right
to be exempt from suspension or expulsion from the University except
for academic failure, failure to pay a University debt, or a violation
of a University regulation when continued presence on campus endangers
other members of the academic community.
19. Due Process. The right to judicial
due process, including a speedy trial, confrontation of plaintiff
and his witnesses, counsel, presumption of innocence, protection against
cruel and unusual punishment, and appeal.
20. Double Jeopardy. The right not to be
twice put in jeopardy for the same offense.
21. Suits. The right, if aggrieved,
to bring suit within the regular judiciary system for any punitive
violation of rights.
22. Search and Seizure. The right to
be secure in their persons, possessions, and residence against unreasonable
invasion, search, and seizure.
23. Privacy of Records. The right to
privacy of their academic, non-academic, and disciplinary records
with the right of personal examination of such records.
24. Non-University Obligations. The
right not to have non-University financial obligations placed on the
student's University account.
25. Information. The right to inquire
into, and be honestly and fully informed of, the reasons for any University
policy affecting them, the process by which it was adopted, and the
means by which it might be changed.
26. Discrimination. The right to enjoy
all these rights, all other rights, and all benefits extended to all
students by the University, without regard to race, color, sex, sexual
orientation, social class, political views, national origin, religious
creed, or any other arbitrary or unreasonable consideration.
B. Unenumerated Rights. The enumeration
of these rights shall not be construed as in any way nullifying or otherwise
limiting any other rights possessed by students severally or together.
C. Limitation of Governments, Judiciaries, and
Amendments. No action by any student government of The University
of Michigan, nor by its judiciary, nor any amendment to this Constitution
adopted while this clause is in effect, shall deny to any student of the
University equal protection of the laws or equality of the weight of his
or her vote. "Equality of the weight of vote" means that the vote of each
student of The University of Michigan is as nearly equal as possible to
the vote of each other student with regard to the election of voting representatives
on student governments and all other types of decision-making. The existence
of equal representation or equal decision-making power among constituencies
of significantly different populations indicates a denial of inequality
of the weight of vote. Likewise, the existence of unequal decision-making
power among constituencies of similar sizes indicates a denial of equality
of the weight of the vote. Determinations of compliance with this section
are entirely judicial matters.
Article X
Central Student Judiciary
A. CSJ Composition. The Central Student
Judiciary (hereinafter generally referred to as "the judiciary") shall
consist of ten members, full-time students of the University at the time
of their appointment, of whom not more than six shall be from any one
school. At least one of the members must be from the Law School.
1. Term. Each member of the judiciary
shall serve for a term of one year, five appointed at the beginning
of the fall term and five appointed at the beginning of the winter
term. No one shall serve more than three terms in succession.
2. Recall by CSJ. Any judiciary member
failing to accept the responsibilities of his office may, by a two-thirds
vote of the full membership of the Judiciary, be removed from office.
3. Recall by the Assembly. The Assembly
may, upon a second reading, and by three-fourth vote of the full membership,
remove from office one or more members of the Judiciary. The Assembly
shall, by majority vote, fill the vacancy or vacancies so made, voting
on each appointment separately.
B. Selection Process. Except for vacancies
created by a vote of the Assembly, vacancies in the Judiciary shall be
filled by appointment from applicants. An Interviewing Board shall be
composed of the Chairman of the Judiciary, one Judiciary member appointed
from among those not leaving office, and three students appointed by the
Assembly, at least one of whom shall not be a member of the Assembly,
and at least one of whom shall be a member of the Assembly.
1. Chairperson. The Chairperson of the
Judiciary shall preside at meetings of the Interviewing Board.
2. Submission to the Assembly. The Interviewing
Board shall submit to MSA a list of nominees certified by all interviewers
as qualified to be members of the Judiciary. The number of nominees
shall not exceed the number of vacancies. If any of the vacancies
to be filled is for an unexpired term, the Interviewing Board shall
indicate which of its nominees is to be appointed to fill the unexpired
term. Nominees shall take office unless MSA, within two weeks after
it has been presented the list of nominees at a regular business meeting,
rejects the list. Incumbent members of the Judiciary shall continue
until the Interviewing Board presents a list of nominees satisfactory
to the Assembly.
3. Diversity. The Interviewing Board
shall, as far as consistent with high competence among those nominated,
nominate applicants from as many schools as possible.
C. Inferior Judiciaries. The Assembly may
establish such inferior judicial bodies as the Assembly may from time
to time deem appropriate. However, the Judiciary shall have appellate
jurisdiction over any case brought against a student, group of students,
student organization, and heard anywhere in the University; shall have
original jurisdiction over any case in which either there is no other
judicial body with jurisdiction or the Judiciary, upon request of the
defendant, determines that it should exercise original jurisdiction.
D. Manual of Procedure. The Judiciary shall
write and publish a Manual of Procedure for Appeal and Original Jurisdiction
consistent with the provisions of the Constitution. The Manual, and subsequent
amendments to it, shall not be deemed in force until approved by the Assembly
or if subsequently disapproved by the Assembly. The Manual shall include
provisions for informing a student of his rights, for assuring the impartiality
of the panel hearing the case, and for jury trial whenever suspension
or expulsion from the University is possible.
E. Penalty. When a regulation under which
a student is charged does not establish a maximum penalty, the Judiciary
acting as the body of original jurisdiction may only warn a student or
fine him no more than $50. When a regulation under which a student organization
is charged does not establish a maximum policy, the Judiciary, acting
as the body of original jurisdiction, may only warn the student organization,
curtail its activities for some specified length of time not to exceed
four months, or fine it not more than $250.
F. Limitations. The Judiciary shall enforce
no regulation, the content or origin of which is inconsistent with this
Constitution.
Article XI
Member Obligations
A. Responsibilities of Assembly Members. Assembly
members shall be responsible for each of the following tasks:
1. MSA Meetings. Members shall be responsible
for attending weekly MSA meetings. Members shall be responsible for
checking their MSA mailbox regularly so that they are knowledgeable
about the issues which will be discussed at meetings.
2. Committees. Each representative must
be a member of and participate in at least one of the following committees.
a. MSA Internal Committees.
b. MSA Commissions.
c. MSA Select Committees.
d. Other Committees. The requirement to
serve on an MSA committee may be waived by the Steering Committee
if the Assembly serves on a University Committee, such as Student
Legal Services Board, a Regental Committee, or a SACUA Committee,
and the Steering Committee determines that membership on said
committee takes a substantial amount of time.
3. Elections. Members must work for
at least four hours at a polling site during any MSA Election in which
they are not candidates.
4. Constituent Contact. Members must
contact constituents on a regular basis. Constituent contact is meant
to include things such as a mailing to constituents, an open discussion
with constituents, liaison with one's school or college government,
or any similar communication. An informal discussion with friends
is not a form of constituent contact.
5. MSA Office. Each member shall be
in the office at least one hour each week at times other than when
the member is attending an MSA meeting.
B. Penalties. A member will be removed from
office when s/he accumulates twelve absences. An absence will be excused
by the President if and only if: the member is seriously ill, if the member
had an exam at the same time as the member obligation, or if there was
a death in the member's immediate family within one week of the member
obligation. Exceptions to this may be granted only by a unanimous vote
of the Assembly. Each of the following shall constitute one absence:
1. Attendance Roll Calls. For each roll
call which the member misses at the beginning or the end of an Assembly
meeting.
2. Committee Meetings. For each committee
meeting which the member misses. Each member shall have one committee
for which s/he is responsible (See Article XI, Section A, Paragraph
2).
3. Elections. For each hour, less than
four, in which the member has not worked at a polling site.
C. Additional Obligations. Additional obligations
for Executive Officers and for committee chairpersons may be defined in
the Compiled Code.
Article XII
Student Organizations - Bill
of Rights
The following shall be considered unchallengeable
rights of each student organization and shall be upheld and integrated
into all present and future policies and actions taken by the Assembly
or any part thereof. No group may be denied recognition on the basis of
these rights.
A. Enumerated Rights. To help foster and
preserve an enlightened, free, just, and democratic academic community,
the Assembly shall recognize and undertake to guarantee these rights a
rights of all student organizations of the University of Michigan.
1. Freedom of Speech. The right to express
their views on any subject without penalty except where the form of
that expression endangers life, property, or the equal rights of others.
2. Freedom to Publish. The right to
publish and disseminate the organizations views on and off campus
free from censorship.
3. Freedom from Censorship. The right
of a student organization to establish and issue publications free
from censorship or other official action aimed at controlling editorial
policy, with the selection and removal of editorial staffs reserved
to the student organization sponsoring the publication.
4. Demonstration. The right of a student
organization to participate in orderly, non-violent demonstrations
on and off campus.
5. Hearing Speakers. The right of a
student organization to invite and hear speakers of their choice on
subjects of their choice.
6. Use of Facilities. The right of a
student organization to use campus facilities for meetings and other
activities subject only to payment of normal expenses where necessary,
and to such uniform regulations as may be required for scheduling
time and place and assuring the use of facilities for the purpose
to which they are suited.
7. Soliciting Money. The right of a
student organization, subject to reasonable regulations, to solicit
money on campus.
8. Petitioning. The right of a student
organization to petition the appropriate authority for changes in
faculty, administration, curriculum, and University policy, without
fear of reprisal.
9. Dissenting Opinions. The right of
a student organization to take reasoned exception to the data or views
offered as part of academic instruction without fear of penalty.
10. Joint Concerns. The right of a student
organization to be exempt from any rule or regulation for which the
subject is not legitimately a joint concern or common interest of
the group, student organization, or constituency governed by it, but
is rather a matter concerning the individual members considered severally,
that is, and individual's health, safety, morals, or personal behavior.
11. Freedom of Self-Definition. The
right of religious and political organizations to maintain autonomy
in ordering their internal affairs, so that they may be free to select
their own leaders, define their own doctrines, resolve their own disputes,
and determine their own institution
Determining that the above activities are in
furtherance of an organization's religious or political mission, and
that only those committed to that mission should conduct them, is
thus a means by which religious and political organizations define
themselves.
12. Fair Judiciaries. The right of the
student organization to an independent, fair, and impartial judiciary.
13. Due Process. The right of a student
organization to due process, including a speedy trial, confrontation
of plaintiff and their witnesses, counsel, presumption of innocence,
protection against cruel and unusual punishment, and appeal.
14. Double Jeopardy. The right of a
student organization not to be twice put in jeopardy for the same
offense.
15. Search and Seizure. The right of
a student organization to be secure in their persons, possessions,
and residence against unreasonable invasion, search, and seizure.
16. Information. The right of a student
organization to inquire into, and be honestly and fully informed of,
the reasons for any University policy affecting them, the process
by which it was adopted, and the means by which it might be changed.
17. Discrimination. The right of a
student organization to enjoy all these rights, all other rights,
and all benefits extended to student organizations by the University,
without regard to a particular race, color, sex, sexual orientation,
social class, political views, national origin, or religious creed
of the group or its individual members.
B. Unenumerated Rights. The enumeration
of these rights shall not be construed as in any way nullifying or otherwise
limiting any other rights possessed by students severally or together.
C. Limitation of Government, Judiciaries, and
Amendments. No action by any student government of the University
of Michigan, nor by its judiciary, nor any amendment to this Compiled
Code adopted while this clause is in effect, may deny to any student organization
of the University equal protection of the laws.
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