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Associated Students


A.S. Government Resources

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Associated Students | San Diego State University


(Revised 11/16/05, 11/19/08, 12/02/09, 1/30/13, 12/1/14, 4/25/16)

Section 1 – Authorization 
Section 2 – Awards Committee: Membership, Powers, and Duties
Section 3 – Award Categories
Section 4 – Ethical Considerations

 

Section 1 – Authorization

1.01

The policies and procedures regarding all AS Awards, excluding Athletics awards, which fall under the jurisdiction of the Athletics Authority, shall be outlined within this Code as authorized and limited by Sections 101-105, Awards (General) of the AS Bylaws.

Section 2 – Awards Committee: Membership, Powers, and Duties

2.01

There shall be an Awards Committee established to administer the provisions of this Code.

2.02

The Awards Committee shall consist of unlimited voting members as deemed appropriate by the Executive Vice President, and to be approved by AS Judicial Affairs Council. The membership shall include the AS Executive Vice President, one (1) AS Board of Directors member, the AS Chief Justice, the A.S. President and A.S. Vice Presidents, except for the Executive Vice President or designees, and two (2) additional ex-officio, non-voting members of the Committee consisting of the SDSU Senate Representative to the AS University Council and the Vice President of Student Affairs, or designated representative. The Executive Vice President shall serve as the non-voting chairperson.

2.03

The Awards Committee shall be appointed no later than the fifth week of the Spring Semester.

2.04

The Awards Committee shall send a letter of notification to student organizations with information on where to learn more about the awards categories and a nomination form(s) for those individuals or organizations to place nominations, unless otherwise stipulated in the Code. Copies of the above notification shall also be available in the AS Government Affairs Office, on the AS web site and at any other appropriate offices on campus for the accessibility of those individual students who wishes to place their nominations. This notification shall also be published on the AS web site and advertised, as appropriate, in the Daily Aztec. (Revised 11/29/95)

2.05

The Awards Committee shall take all nominations into consideration and shall make all final decisions regarding awards unless otherwise stipulated in this Code or AS Bylaws. The name of all nominees and nominators shall remain anonymous throughout the selection process.

2.06

Awards shall be commemorated by either plaques or certificates unless otherwise stipulated within this Code.

2.07

Presentation of the awards shall be made at an appropriate AS sponsored event and the recipients subsequently listed on the AS web site.

2.08

Associated Students Executive Officers are not eligible for awards, unless otherwise stipulated in this Code. (Adopted 11/29/95)

Section 3 – Award Categories

3.01 – Daniel B. Nowak Outstanding Student Service Award (Revised 12/03/03)

Shall be awarded each year to no more than one (1) student who has contributed outstanding effort, time and achievement toward furthering the interests of the student body and San Diego State University over at least a one year period.

3.02 – Daniel P. Goodrich Award

Shall be awarded to a graduating senior who has served San Diego State and the student body in a varied manner (i.e., student government, clubs, community service, etc.) throughout his/her San Diego State career.

3.03 – Outstanding Graduate Student Service Award

Shall be awarded to a graduate student who has contributed outstanding effort, time, and achievement toward furthering the interest of the student body and San Diego State University beyond the scope of his/her graduate program.

3.04 – Shuford C. Swift First Year Student Award (Added 12/03/03)

Shall be awarded to a first-year student at San Diego State University who has made significant contributions to the University and demonstrated a commitment to carrying out the mission, vision, values and goals of Associated Students.

3.05 – Dean Herbert Peiffer and Dean Margery Warmer Award

Shall be made to awarded to two students who have completed ninety (90) or more units and has exhibited outstanding leadership and motivation at San Diego State, particularly in the last year, and are most likely to bring outstanding honor to San Diego State University..

3.06 – Executive Awards

Shall be awarded to the AS Executive Officers that will serve during the upcoming year and shall consist of a mounted gavel with appropriate inscription for the AS President, the AS Executive Vice President, AS Vice President of External Relations, AS Vice President of Financial Affairs and AS Vice President for University Affairs. (Revised 4/17/02)

3.07 – Life Passes

A Life Pass for all privileges extended to regularly enrolled SDSU students sponsored by the Corporation as well as privileges extended to regularly enrolled SDSU students by the Athletics Department (if any), and shall be granted to each retiring AS President, AS Executive Vice President, AS Vice President of External Relations, AS Vice President of Financial Affairs and AS Vice President for University Affairs upon his/her graduation from San Diego State and may also be granted by the Awards Committee to any person found qualified with regard to service, cooperation and effort toward furthering the interest of San Diego State University. No more than seven (7) passes, including those awarded to the AS President, AS Executive Vice President, AS Vice President of External Relations, AS Vice President of Financial Affairs and AS Vice President for University Affairs shall be awarded during any one year. (Revised 4/17/02)

3.08 – Harvey Goodfriend Award

Shall be awarded to an outstanding University or SDSU auxiliary organization staff member who has made outstanding contributions to the betterment and welfare of the Associated Students. The person must have been employed by an SDSU auxiliary organization or the University for a period of not less than two years and has not received a Life Pass. The award shall consist of a Life Pass for privileges as outlined in Subsection 3.09 of this Code.

3.09 – Malcolm A. Love Award

Shall be awarded to a member of the SDSU faculty who has made outstanding contributions to the Associated Students over a two-year period.

3.10 – Outstanding Alumni Award

Shall be awarded to an Alumnus who has made outstanding contributions to the University by virtue of his/her involvement in society.

3.11 – Council, Commission, Board or Committee and College Council Awards
  1. Outstanding AS Council, Commission, Board or Committee Award
    Shall be awarded to the AS council, commission, board or committee whose members have not only exhibited outstanding achievements within their area but also possess leadership qualities that other comparable organizations could follow.
  2. Outstanding College Council Award
    Shall be awarded to the college council whose members have not only exhibited outstanding achievements within their area but also possess leadership qualities that other councils could follow.
  3. Commission, Board or Committee Member of the Year Award
    Shall be awarded to one AS commission, board, or committee member nominated by the organization on which the nominee serves. The nominee must be a student and may not be the chairperson of the commission, board, or committee or serve on it as an "AS Representative." (Adopted 11/29/95, Revised 12/03/03)
3.12 – Outstanding Student Organization

Shall be awarded to an SDSU recognized student organization which has demonstrated excellence in programming, community service, service to SDSU, student leadership training, field or interest, or has been recognized nationally/regionally by their parent organization, if applicable.

3.13 – Dan R. Cornthwaite Luminary Award for Outstanding Advising

Shall be awarded to one (1) SDSU recognized student organization, or AS council, commission, board or committee advisor who has contributed outstanding time, effort and guidance to help further the interests and goals of his/her respective student organization, AS council (including college councils), commission, board or committee.

3.14 – Stephen L. and Susan K. Weber Lamp of Leadership Award (Added 4/17/02, Revised 12/03/03, 11/21/2007, 12/01/10)

Shall be awarded to graduating students who have served a minimum of two (2) years (four (4) semesters) as current or former members of the AS Board of Directors, AS Campus Life Council, AS University Council or AS Judicial Affairs Council, as well as all current or former AS Executive Officers graduating from San Diego State University. The award shall consist of an appropriately inscribed medallion to be worn during commencement ceremonies. Former members of the AS Board of Directors, AS Campus Life Council, AS University Council, AS Judicial Affairs Council or former AS Executive Officers must fill out a nomination form and turn it in to the AS Government Affairs Office by the deadline set by the Awards Committee.

3.15 – Dean Carole Robasciotti Outstanding Community Service-Learning Award (Revised 4/25/01)

Shall be awarded to an SDSU faculty or staff member, SDSU auxiliary organization staff member, student, community member or community organization who enhances student learning and civic responsibility through active scholarly and practical involvement in service learning for a minimum of at least one (1) year.

3.16 – Aztec Pride Award (Added 11/19/08)

Shall be awarded to an SDSU student who has contributed to establishing pride and tradition on the SDSU campus through any number of forms including but not limited to academics, athletics, student organizations, community service, etc.

Section 4 – Ethical Considerations

4.01

All awards should be made with the utmost objectivity and fairness regardless of political beliefs race, religion, color, sex, age, disability, marital status, sexual orientation, gender identity and expression, national origin, pregnancy, medical condition, and covered veteran status, or any other subjective influence.

4.02

In no case shall any person receive more than one of the above awards in a given year, with the exception of the Executive Awards, noted in Subsection 3.08 and the Life Passes noted in Subsection 3.09.

(Revised 05/13/98, 11/18/98, 02/24/99, 03/03/99, 04/28/99, 4/21/04, 11/30/05, 4/12/06, 11/19/08, 12/02/09, 11/30/2011, 11/28/12, 12/2/13, 12/1/14, 11/09/15)

Section 1 – Elections Committee Membership 
Section 2 – Elections Committee: Powers and Duties
Section 3 – Election Procedures
Section 4 – Campaigning
Section 5 – Campaign Finances
Section 6 – Violations of the Elections Code
Section 7 – Election Procedures
Section 8 – Campaigning
Section 9 – Campaign Endorsement Policy
Section 10 – Violations of the Student Initiative Referendum Elections Code
Section 11 – Campus Fee and Student Body Organization Fee Referenda

 

Section 1 – Elections Committee Membership (Revised 11/18/98)

1.01

Pursuant to the requirements of the Bylaws of the Associated Students of San Diego State University, there shall be an Elections Committee established to handle all elections of the Associated Students, its subordinates, or affiliates.

1.02

The Elections Committee shall consist of an Elections Coordinator, two members of A.S. Judicial Affairs Council appointed by the A.S. Board of Directors (ASBOD), and seven student-at-large seats appointed in accordance with Article IV of the A.S. Standing Committee Code, all of whom shall be voting members and shall serve for a period of one academic year, and shall be eligible for reappointment. There shall also be the following designated, non-voting members: the SDSU Vice President of Student Affairs or a designee, and the A.S. Executive Director or a designee. A quorum of the committee shall be fifty percent plus one of the filled voting seats. (Revised 11/18/98, 11/17/2004)

1.03

The Elections Coordinator shall be chosen in the following manner: Applications shall be open for ten (10) school days and announced on two separate days in the Daily Aztec. Applicants shall be interviewed by the Ad-Hoc Vacancy Committee Appointment and Review Committee, including two members of the Judicial Affairs Council. The Ad-Hoc Vacancy ppointment and Review Committee shall then forward a final recommendation to the ASJAC for ratification by a majority vote of those ASJAC members present and voting. The Elections Coordinator shall serve for a period of one academic year, and may reapply for an additional term. (Revised 11/18/98)

1.04

The Elections Coordinator may be removed by a two-thirds (2/3) vote of the ASJAC and the approval of the ASBOD. This action can be taken only after the following steps have been taken:

  1. A written request for review of Elections Coordinator activities detailing cause or reason for removal of the Coordinator has been submitted to the ASJAC. (This document may include, but is not limited to, improper conduct or incompetence.)
  2. ASJAC has held a meeting to review the request and obtain information pertaining directly to the allegations within the request from both the authors of the request as well as the Elections Coordinator, both of whom shall be invited to attend the meeting.ASJAC has forwarded a recommendation of removal of the Elections Coordinator to the ASBOD.
  3. If the Elections Coordinator is removed, another Elections Coordinator may be appointed by the method outlined in Section 1.03. If time does not permit this process to occur, an interim Elections Coordinator may be appointed by the Chief Justice with the approval of the ASBOD by simple majority. (Revised 11/18/98)
1.05

All members of the Elections Committee shall be members of the organization at the time of their appointment and during the term of their office. No member of the Elections Committee may be a candidate in any election within the jurisdiction of the Committee during the term of his/her appointment. Preference for Elections Committee membership shall be given those members of the organization that are students-at-large and are not already officers of the organization (with the exception of the two (2) ASJAC members and the University VP of Student Affairs or designee outlined in Subsection 1.02.) Student-at-large seats shall be restricted to students-at-large. (Revised 11/18/98)

Section 2 – Elections Committee: Powers and Duties (Revised 11/18/98)

2.01

The Elections Committee shall apportion representatives as stated in the Bylaws, to the various schools and colleges prior to the opening of nominations. The Elections Committee shall apportion said representatives, including undeclared/unclassified, based on the most recent enrollment figures available prior to that election based on information provided by the University. (Revised 11/18/98)

2.02

It shall be the duty of the Elections Committee to interpret and enforce the Elections Code. (Revised 11/18/98)

2.03

Penalties are determined by the Elections Committee without the additional approval of ASJAC or ASBOD. Any appeals to a decision of the Elections Committee shall be forwarded for timely resolution to the Appeals Panel.

2.04

The Appeals Panel shall consist of the University Vice President of Student Affairs or a designee, the University Vice President of Business and Financial Affairs or a designee, and the Chair of the University Senate or a designee. The Elections Coordinator and the AS Executive Director or designee shall serve as designated non-voting members. In the event of an appeal, the panel may choose to hear the case based on its merits.

2.05

AS General and Special elections polling times and ballot position shall be subject to the approval of the ASJAC.

2.06

The duties and responsibilities of the Elections Coordinator shall be as follows:

  1. Administer all types of elections in accordance with this Code.
  2. To carry out the policy actions of the Elections Committee not in conflict with this Code.
  3. To see that dates of the nomination-filing period, election dates, and other notices relevant to the election are publicized.
  4. To make regular reports to the ASJAC regarding the election.
  5. To maintain public neutrality concerning any candidate or issue in any election within his/her jurisdiction.
  6. To Chair the Elections Committee.
  7. To verify petition or nomination with standards brought forth in Subsection 3.03 and 3.04.
  8. To verify spending infractions committed by the candidate and/or person(s) associated with the candidate.
  9. To verify that expenditure reports conform to the $800 per candidate imposed spending limit.
  10. To make recommendations to the Elections Committee regarding any financial infraction by the candidate and/or person(s) associated with the candidate.
  11. To review the Elections Code with the Elections Committee by the first meeting of the semester.
  12. Ensure preparation of the candidate Nomination Packet and approved election schedule.
  13. Ensure all required advertisements are placed in the Daily Aztec publicizing all available positions as well as the dates and access information for voting.
  14. Place work orders for hanging of election promotional banners.
  15. Ensure input of approved ballot language and candidate order into election software.
  16. Serve as a designated non-voting member of the Appeals Panel.
2.07

The Elections Committee and the Elections Coordinator shall perform any other duties pertaining directly to AS elections as may be required by ASJAC, the Elections Code or by contract with the organization. (Revised 11/18/98)

2.08

Elections Committee may make recommendations to amend this Code to the ASJAC which shall then forward their recommendations based on the Elections Committee recommendations to the ASBOD. (Revised 04/28/99)

Section 3 – Election Procedures (Revised 11/18/98)

3.01

A.S. general elections and any special elections called by the AS BOD shall be conducted utilizing an approved web-based format and accessible to all regularly enrolled SDSU students (organization regular members) anywhere in the world via the Internet during the approved voting period. The filing period shall be at least fifteen (15) school days in length and shall be announced at least five (5) days during this period in campus media. (Revised 11/17/04)

3.02

ASBOD, A.S. University Council (ASUC), A.S. Campus Life Council (ASCLC) or the ASJAC, as governing bodies, shall not endorse any candidates for any office. The Elections Committee shall not facilitate the process of offering prospective voters incentives, and/or merits of any kind in exchange for voting. Violations of this section shall necessitate that the election is invalidated and it shall be necessary to hold another election. (Revised 11/18/98)

3.03

The student shall be considered an official candidate at the time he/she files application in person. The application shall be time-stamped in the AS Government Affairs Office (GAO) no later than 4:00 p.m. on the last day of the filing period. A student may not be a candidate for more than one elected office simultaneously. At the time the application is filed, the candidate shall also file a signed statement that he/she has read and fully understands all provisions of the Elections Code issued with the application form, and confirm his/her intentions to run. (Revised 11/18/98)

3.04

The candidates shall appear in person to obtain nomination materials at the GAO.

3.05 – Candidate Policy (Revised 05/13/98) (Revised 11/18/98)
  1. All candidates shall be in good academic and disciplinary standing (not on academic or disciplinary probation) with the institution as stated in Section 12 of the AS Bylaws, at the time of the submission of the candidate’s application.
  2. Candidates for college seats shall be officially recognized by the University as a declared major or pre-major in the school or college for whom they are a candidate at the time of the submission of the candidate application. (Revised 05/13/98, 7/17/02)
  3. At the time of application submission, all prospective candidates for the AS Campus Life Council (ASCLC) shall declare the position for which they are seeking. (Revised 11/28/12)
  4. Disqualified candidates are ineligible to run as write-in candidates for the position from which they were disqualified as outlined in Section 6 of the Elections Code. (Revised 11/18/98)
  5. All candidates shall be listed on the ballot under the name specified in the candidate application packet. Changes to the name of a candidate on the elections ballot shall be made only upon approval of the Elections Committee. (Revised 4/26/00)
  6. If a candidate statement is submitted (125 words maximum), all words such as "a," "an," "the," "AS" etc. would be considered one word each. "100" would be considered one word while "one hundred" would be considered two words. Words separated by a backslash will be considered two words i.e. campus/university. (Revised 05/13/98)
3.06

General Elections are to be held no earlier than six (6) weeks from the beginning or later than five (5) weeks prior to the end of the spring semester. (Revised 04/28/99)

3.07

Dates for General elections shall be selected by the Elections Committee with the approval of the ASJAC. Selection of times and balloting shall be established by the Elections Committee with the approval of ASJAC.

3.08

Voting instructions as approved by the Elections Committee shall be listed on the ballot.

3.09

The following procedures shall be utilized during balloting:

  1. In order to vote a student will need to access his/her student web portal and enter his/her student identification number and password.
  2. Each student will be allowed to vote once. If for any reason a student is unable to vote, he/she will be instructed by a message on screen to contact the A.S. office.
  3. Each student will be able to vote for the following offices:
    1. Executive Officer positions - AS President, AS Executive Vice President, AS Vice President of External Relations, AS Vice President of University Affairs and AS Vice President of Financial Affairs.
    2. Seven (7) ASCLC student at-large Commissioners, and two (2) ASCLC student at-large Campus Representatives, as described in Section 3.05c, above.
    3. Only graduate students can vote for the Graduate Student Association President.
    4. Students may only vote for the ASUC college representatives that run for their particular college. A dual-major student may only vote in one college, which will be pre-determined by the Elections Committee prior to the elections. (Revised 11/17/2004) (Revised 4/18/07)
  4. Any visually and/or physically challenged voter who requires assistance in voting may have a person of their own choosing assist them with the voting process.
3.10

The AS President, Executive Vice President, Vice President of External Relations, Vice President of Financial Affairs, Vice President of University Affairs, ASCLC Commissioner, ASCLC Campus Representative, Graduate Student Association President and ASUC college representatives and undeclared/unclassified representatives shall be elected by a plurality vote. A student may not hold more than one elected office simultaneously. (Revised 4/17/02) (Revised 4/18/07)

3.11

In the event of a tie vote for two or more candidates for the same elected office, the Election Committee shall determine and publish a date for a run-off election in all available media. The first date shall be within twenty-one (21) calendar days of the first day of the first election. The Committee shall, specify further allowable campaigning at the time of announcing the run-off date, as may be necessary for any run-off election. (Revised 5/17/95) (Revised 11/18/98)

3.12

Write-in candidates shall be entitled to a seat upon winning an election and meeting the other qualification(s) pursuant to applicable provisions within Sections 3, 4, and 5 of the Elections Code. The Elections Committee in accordance with Section 6 of the Elections Code shall disqualify those not meeting the qualifications. (Revised 11/18/98)

3.13

In the event that a candidate withdraws from the election after the WebPortal ballot has been finalized and programmed for voting, the Elections Coordinator should make every effort to notify potential voters as soon as possible. Any votes the candidate who withdrew received shall be counted and made public when the elections results are given.

3.14 – Write-In Candidate Policy (Revised 05/13/98) (Revised 11/18/98)
  1. If a SDSU student wishes to run as a write-in candidate during an AS election, candidacy shall be officially declared by filing a completed candidate application at the GAO. (Revised 11/18/98, 4/17/02)
  2. Write-in candidates shall file a candidate application in person by 12:00 p.m. on the Friday before voting begins. (Revised 05/13/98) (Revised 11/18/98)
  3. Write-in candidates shall meet with an Elections Committee member to discuss proper rules of running before filing a candidate application.
  4. Write-in candidates will not be a part of the candidate statement page, which will be accessible to voters while voting.
  5. If a voter chooses to vote for a write-in candidate, he/she will type-in the candidate’s name in the designated ballot location for the office in question.
3.15 – Counting Write-in Votes (Revised 11/18/98)
  1. Any name typed upon a ballot, including a reasonable facsimile of the spelling of such a name, shall be counted, unless prohibited by Subsection 3.14(b) for the office under which it is written, if it is written in the blank space provided for write-in candidates for said office, and that the bubble is filled in next to the name written; otherwise it shall be disregarded. (Revised 11/18/98)
  2. No name typed upon a ballot in any AS Election shall be counted for an office unless the person named has fulfilled the write-in candidate policy as stated in Section 3.14. (Revised 11/18/98)
3.16

The Elections Committee shall maintain complete records of all elections, copies of any written challenges or complaints or other documents giving rise to Committee hearings, requests for and results of recounts and any other information or documents appropriate to all elections for three (3) months after the election, or until any dispute arising from the election, is resolved. Election records shall be accessible to interested students, AS officers, and officers of the University upon written request to the Committee. At least one copy of the election results shall be maintained in the AS files.

3.17

An approved appointment process may be used to fill vacant seats on the ASBOD, as specified in the A.S. bylaws. (Revised 11/18/98)

3.18 – Counting Ballots
  1. When the polls close on the final day of elections, the Elections Committee shall meet in a designated location that has the voting tabulation software available. No less than a quorum of the Elections Committee shall be present at the beginning of the voting tabulation process.
  2. All results and documentation shall be retained in the AS office until ASJAC accepts the election results.
  3. Election results shall be printed and signed by the Elections Coordinator and posted in the AS office upon completion of the count.
3.19 – Ballot Security
  1. Ballots shall be given sequence numbers so that ballots can be accounted for.
  2. Only the AS Executive Director or designee will have access to update the ballot content and to view updates. All such updates shall be reported to the Elections Committee. (Revised 11/17/2004)

Section 4 – Campaigning (Revised 3/4/98, 05/13/98, 11/18/98, 02/24/99, 03/03/99, 11/19/08, 11/19/08, 11/30/11)

4.01 

All candidates shall be responsible to ensure that all aspects of their campaign, including materials and activities, conform to the Elections Code.

4.02

All candidates shall be required to be present at the scheduled election orientation meeting of the Elections Committee. The meeting shall consist of an explanation of the Elections Code with a question and answer period. Excused absences will be granted for only very compelling reasons as determined by the Elections Committee. (Note: Re-read Subsection 3.03.) (Revised 11/18/98) (Revised 03/03/99)

4.03

All candidates, including write-ins, shall conduct their campaign in accordance with the provisions of the Elections Code and any university, city, local, state, and federal policies, laws, ordinances or regulations. (Revised 4/26/00)

4.04

Harassment is prohibited. This includes verbal, written (printed or electronic) and/or physical abuse by any candidate or person involved in a campaign. (Revised 4/26/95) (Revised 11/18/98, 4/19/06)

4.05

Advertising or campaigning, which is misleading or harmful to a candidate’s opponent is prohibited. (Revised 03/03/99)

4.06

Campaigning includes any verbal or non-verbal action that promotes the election of an official or write-in candidate. This includes any material(s) that promotes the election of a candidate. (Revised 05/13/98) (Revised 03/03/99)

  1. Verbal campaigning shall be defined as persuasive speaking to prospective voters that promotes the election of a candidate. (Revised 05/13/98) (Revised 11/18/98) (Revised 02/24/99)
  2. Active campaigning shall be defined as distribution of any materials, which promotes the election of a candidate. (Revised 05/13/98) (Revised 11/18/98)
  3. Campaign material shall be defined as any material that promotes the election of a candidate. This includes, but is not limited to, signs, badges, posters, tee shirts, flyers, balloons, and electronic communication. (Revised 05/13/98)
4.07 – Campaign Signs
  1. The placement of campaign materials and campaigning of any kind may begin at 4:30 p.m. on the date established by the Elections Committee, providing the candidate has met the requirements set forth in Subsections 3.03 and 3.04. Campaign period shall be specified as a period of 14 consecutive days. (Revised 11/18/98) (Revised 03/03/99) (Revised 4/26/00)
  2. The physical construction of a frame on campus, which ultimately becomes a part of a sign, shall be considered campaigning. Any visible activity related to the reservation of space or preparation to campaign is subject to a maximum of 12 hours in advance of open campaigning. All individuals affiliated with a campaign shall complete and submit a signed waiver of liability provided by the Elections Committee via the GAO in advance of engaging in campaign activities. All campaign activities shall conform to the SDSU Building and Grounds Policy, which can be found at http://studentaffairs.sdsu.edu/sll/studentorgs/documents/BuildingsandGroundsRegulationsUPDATEDMarch2014.pdf.
4.08

Regulations and classifications of publicity for campus elections shall be found within this Subsection of the Elections Code. (Revised 03/03/99)

  1. The area within which these regulations shall apply and be enforceable by the Elections Committee, includes a one-mile radius of the SDSU campus proper. Candidates are not responsible for the delivery sites of the Daily Aztec outside this one-mile radius. There shall be no campaigning outside the one-mile radius of the SDSU campus proper. All campaigning shall be in adherence to governing policies. (Revised 11/18/98, 02/24/99)
  2. Candidates shall refrain from placing flyers on motor vehicles. (Revised 02/24/99)
  3. Advertising or campaigning that endangers persons on campus or within the one-mile radius of the campus proper (as outlined in Section 4.08(a) of the Elections Code) is prohibited. (Revised 11/18/98, 02/24/99, 03/03/99)
  4. Persons shall refrain from posting campaign material over another candidate’s material. (Revised 02/24/99)
  5. Candidates shall refrain from saturating any  one area with their own publicity. Saturation is defined as having more than one sign in one viewpoint. Campanile Walkway shall be separated into two viewpoints because of its length. The two viewpoints at Campanile Walkway shall be divided at the Open Air Theatre. A viewpoint shall be defined as items within peripheral vision from a fixed point. (Revised 05/13/98, 11/18/98, 02/24/99)
  6. No active or verbal campaigning or intimidation of any type shall occur that interferes with or unduly influences in any way a student while at the web site while attempting to cast a vote (Revised 5/17/95, 5/13/98, 11/18/98, 02/24/99, 11/17/04).
  7. No active or verbal campaigning shall occur in any University public-access facility that houses public-access computers with access to the World Wide Web. (Revised 11/17/04)
  8. Any person having anything to do with the running of the election, counting of ballots, or working in an election area shall not wear or distribute any material promoting any candidate and shall not publicly campaign in an active or verbal manner on behalf of any candidate. There shall be no advertising or campaigning that interferes with classroom instruction without the consent of the professor or instructor. (Revised 4/26/95, 11/18/98, 02/24/99, 4/19/06)
  9. There shall be no campaigning or advertising in the Love Library. (Revised 02/24/99)
  10. Campaign signs shall be placed only on grass-covered areas on campus, unless otherwise stated in the Elections Code and shall be constructed in such a way that they are easily and reasonably movable by no more than two persons. SDSU Facilities Services and its employees shall not be responsible for damage caused to campaign materials in the process of moving them to perform their assigned tasks (including but not limited to mowing of grass areas). (Revised 11/18/98, 02/24/99, 4/19/06)
  11. An original of the printed and electronic campaign material shall be submitted to the Elections Committee before distribution to determine the ownership of printed campaign materials and accountability of candidates for said materials. (Revised 05/13/98, 11/18/98, 02/24/99, 03/03/99)
  12. Each candidate shall be allowed any combination of posted signs or banners to total not more than forty (40). Four (4) of these campaign materials shall be no greater than eight (8) feet in height, eleven (11) feet in length and eight (8) feet in width. All other posted signs and banners shall be no greater than three (3) feet in height, two (2) feet in length and two (2) feet in width. (Revised 05/13/98, 11/18/98, 02/24/99, 4/26/00, 11/19/08)
    1. A sign shall be defined as including any type of attached support posts. A double-sided A-frame sign constitutes one sign. (Note: Badges, tee shirts, flyers, balloons, sandwich boards, etc. that are posted are thus reclassified as signs. Wearing of these items does not constitute posting.) (Revised 04/26/95, 05/13/98, 11/18/98)
    2. Height shall be measured from the top of the sign to the ground. Length shall be measured from the left of the sign to the right. Width shall be measured from the front of the sign to the back. Anything touching the sign or supporting the sign shall be included in the measurement. (Revised 05/13/98, 11/18/98)
    3. Each candidate must turn in a printed map and/or list of the locations of where the candidate has placed his/her stand-alone signs before the signs are made public. If stand-alone signs are added at a later date, an updated map and/or list must be submitted before the signs are made public.
  13. A $100 deposit shall be collected from each candidate at the time he/she files application for the purpose of insuring that campaign signs will be removed from campus. (Revised 4/26/95, 11/18/98, 02/24/99)
  14. Any form of publicity defacing University property is prohibited. Examples of defacing property include but are not limited to the use of nails and thumbtacks in trees or injuring finished walls and buildings and the use of staked signs on University property. These examples are not intended to limit the application of the Elections Code to these certain areas. No campaign material shall be placed on any campus trees nor shall they be placed in tree wells or flowerbeds. No publicity shall be allowed on the Daily Aztec distribution boxes, light poles, or trash cans. No advertising shall come in contact with the walls of any building, including the writing on chalkboards in classrooms, except areas that are currently approved as general posting areas (i.e. the wall below the iron railing on the west side of the Dining Commons, and the walls surrounding the periphery of Aztec Student Union). There shall be no written endorsements or campaigning of any kind on the chalkboards in classrooms or campus thereof. (Revised 11/18/98, 02/24/99)
  15. All campaign posters, signs, and banners shall be removed by 8:30 p.m. on the day after the election. Campaign materials still up after this time shall be removed and disposed of by AS staff. If campaign material is not removed from campus by this time, the $100 candidate deposit shall be forfeited. (Revised 11/18/98, 02/24/99)
  16. Use of telecommunications for campaigning shall be limited. Telecommunication may be used if it does not impede the educational process as outlined by San Diego State University and/or the California Educational Code or violate another subsection of this Elections Code. Telecommunication material shall be submitted to the Elections Committee before distribution to determine the ownership of electronically distributed campaign materials and accountability of candidates for said materials. Use of said materials does not constitute a violation of subsection 4.06c of this Elections Code (1-mile radius restriction). There shall be no use of telephone calls or SMS/Text messaging for the purposes of soliciting votes. (Revised 11/19/08)
    1. The use of email is permitted, with the following stipulations: emails can only be sent to persons the candidate knows. E-mails cannot be sent to students who you do not know. Excessive e-mailing will not be permitted. Excessive emailing will be determined to be a form of spamming, which is a disruptive message sent to email accounts of persons the sender does not know. All emails sent shall include an opt-out method for recipients to inform the sender not to send future email messaged, and all opt-out requests shall be honored by the sender. (Revised 11/19/08)
    2. Social networking websites (including, but not limited to MySpace, Facebook, Twitter, etc.) shall be allowed for use in campaigning pursuant to the following conditions:
      1. The following definitions shall be used in consideration of these rules:
        1. Content shall be defined as any material (including, but not limited to text, pictures, audio, and video) which exists on any given page and is under any reasonable amount of control by the candidate/site profile owner. Candidates are thus not responsible for advertisements automatically inserted into the site by the host or site structural elements that are determined by the host or host policy.
        2. ’Host’ shall be defined as the company which operates the root domain (including, but not limited to myspace.com, facebook.com, etc.) and/or with which the profile holder has entered into a use agreement.
      2. Campaigning shall not be allowed on sites that forbid campaigning.
      3. Such campaigning shall not be abusive, libelous/slanderous, or in any way deleterious to competitors, competitors campaign members, or any other person or organization. Candidates are reminded that websites are considered to be public documents.
      4. Because candidates have the ability to delete offending content from their profile pages, candidates shall be considered to be responsible for any text, images, audio, or media of any kind posted by themselves or by others on their profile pages. The acceptable time frame to remove offensive content from pages shall be determined by the Elections Committee.
      5. The creation of artificial profile pages for the purpose of misleading potential voters or for discrediting opponents shall result in immediate disqualification, subject to action by the Elections Committee.
      6. Any copyrighted media content shall be used with authorization from the copyright holder and in accordance with any applicable laws. All content on candidate’s pages is subject to the agreements appropriate to each site. The Associated Students makes no claim to supersede or override such agreements.
      7. All major site content relating in any way to the campaign (profile text, ’About Me’ section, etc.) shall be submitted prior to posting to the Elections Committee. Comments need not be submitted to the Committee beforehand and are thus a forum for free exchange of ideas and statements, subject to the rules provided in this Elections Code.
        1. Comments shall not be abusive in nature, number, content, or volume.
        2. While not prohibiting such action, the Committee would like to strongly urge candidates and supporters to refrain from posting on the sites of opponents.
        3. Photos posted during the campaign need not be on file with the Committee provided the content of the photos is in accordance with these Bylaws.
        4. Any photos depicting campaign materials, which are not on file with the Committee, shall not be allowed.
      8. The creation of groups within the social networking sites shall be allowed, pursuant to the restrictions and provisions provided in this Elections Code.
      9. Messaging and posting on social networking sites shall be permitted. Messages on social networking sites are not considered e-mails. (Revised 11/19/08)
      10. User names on social networking sites shall be appropriate and in accordance with these Rules.
      11. Candidates may post a direct link to their social network profile on their campaign materials. (Revised 11/19/08)
      12. The use of Blackboard for campaigning is not permitted.
  17. Candidates may post a link to the student web portal from their campaign sites. The URL for the WebPortal may be included on campaign material. (Added 11/17/2004, 4/19/06)
  18. There shall be no verbal or written campaigning (use of flyers, buttons, stickers, signs, etc.) during ASBOD, ASUC, ASCLC or ASJAC meetings or meetings of any council, commission, board, sub-board or committee under the jurisdiction of the AS. (Revised 4/26/00)
  19. Campaign materials (as defined in this Elections Code) will be allowed within the campus Residence Halls only in accordance with the Solicitation Policy of the Residential Education Office. In all cases, the Solicitation Policy of the Residence Halls shall dictate policy where the provisions of this section are in conflict with the Solicitation Policy. (Added 4/21/04, 4/19/06)
  20. There is to be no campaigning within 100 feet of an official or unofficial pollsite.
  21. If there is any doubt with regards to the Elections Code, the candidate(s) should consult the Elections Committee.

Section 5 – Campaign Finances (Revised 5/17/95, 3/4/98, 5/13/98, 11/18/98, 02/24/99, 11/19/08, 11/28/12)

5.01

Each candidate shall be required to turn into the Elections Committee at the AS office a campaign finance statement listing all their campaign totals by 12 pm on the first Monday following the regular and run-off elections. This statement shall be time stamped to be considered turned in. Failure to comply will result in loss of campaign deposit. (Revised 05/13/98) (Revised 11/18/98, 11/30/11)

5.02

The total amount an individual candidate is permitted to spend on his/her campaign, including cash donations and estimated value of donated materials as set by the elections committee, shall not exceed $800. (Added 11/28/12)

5.03 – Candidate Endorsement Policy (Revised 3/4/98) (Revised 5/13/98) (Revised 11/18/98) (Revised 03/03/99)

Candidate endorsement activities shall be subject to this Elections Code, except for internal communication with student organizations’ own members.

Section 6 – Violations of the Elections Code (Revised 3/4/98) (Revised 5/13/98) (Revised 11/18/98) (Revised 02/24/99)

6.01

Complaints of violations of the Elections Code shall be presented, in writing, to the Elections Committee via the AS office. The Elections Committee has the authority to find a candidate in violation and to decide a penalty. Except for violations of the Student Initiative Referendum (SIR) as set forth below, the Election Committee’s decision is subject only to review by the Appeals Panel. (Revised 11/18/98)

6.02

All complaints shall be submitted by 4:30 pm on the second business day after becoming aware of the alleged violation. All complaints shall be submitted at least two business days before the ASJAC is scheduled to approve the General Elections results (i.e. For a Wednesday meeting, submittals need to be turned in by the close of business on Monday). (Revised 11/18/98)

6.03

If the Elections Committee is aware of a violation of the Elections Code, they may call a special hearing to review the possible violation. This hearing will be treated the same as a complaint hearing.

6.04

The Elections Committee shall make a ruling upon a complaint within two (2) business days of the submission of that complaint. For a complaint to be addressed six (6) voting members of the Elections Committee shall be present. A two-thirds (2/3) vote of the Elections Committee (members present and voting) shall be required for a complaint of a violation and penalty to be upheld. (Revised 11/18/98)

6.05

When a complaint is filed, the candidate and the author will be notified of when the complaint hearing is and where it will be located. Both parties will be given copies of the complaint. Both parties shall be afforded the opportunity to speak on the complaint, provide evidence and invite witnesses at the hearing. (Revised 11/18/98)

Violations and penalties are decided by the Elections Committee solely, without the approval of ASJAC. Any appeals to a decision of the Elections Committee regarding a violation and/or penalty must be filed within 48 business hours of the conclusion of the meeting where the decision that is being appealed was made. The Appeals Panel will address the appeal within two business days.

The Appeals Panel shall consist of the Vice President of Student Affairs or designee, the Vice President of Business and Financial Affairs or designee, and the Chair of the University Senate or designee. The Elections Coordinator and the Associated Students Executive Director or designees shall serve as ex-officio non-voting members. In the event of an appeal, the panel shall choose to hear the case based on rationale, and constitutes the final approval in the case of upholding or reversing a decision.

In the event of an appeals hearing, both parties will be notified the time and location of the hearing. Only the filer of the complaint and the candidate will be given an allotted time to speak on their own individual behalf at the appeals hearing. The duty of the Appeals Panel is to review the record of the hearing being appealed and decide whether to support remand or modify the decision of the Elections Committee. The decision of the Appeals Panel shall be final.

6.06 – Penalties for Violations of the Elections Code (Revised 3/4/98) (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99) (Revised 04/28/99) (Revised 5/08/02)

Violations of the Elections Code may result in a reprimand(s) with possible conditions, multiple (three or more) reprimands and/or the possibility of disqualification. By this, the committee can recommend either reprimand(s) or disqualification for violations of this Code. (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99) (Revised 5/08/02, 11/17/04)

6.07

Any candidate who accumulates three or more reprimands or does not comply with conditions in any of the reprimands is subject to disqualification from the election, subject to appeal to the Appeals Panel. Candidates shall be required to submit written evidence to the Elections Committee that they have made a “good faith” effort to meet the conditions of the reprimand within two days of the decision by the Elections Committee. (Revised 11/18/98)

6.08

The ASJAC subject to approval of the ASBOD, with a two-thirds (2/3) vote of those members present and voting may invalidate any elections within its jurisdiction when a meeting of the Elections Committee has shown that sufficient evidence exists that violations of the Elections Code may have significantly affected the results of that election. Such evidence shall be submitted to and reviewed by the ASJAC prior to holding the vote to invalidate said election. (Revised 11/18/98)

6.09

The Elections Committee shall announce, with the approval of the ASJAC, the conditions and dates of alternate elections at the time that the election is invalidated, and shall specify provisions that may be added or removed from the specific ballot and the conditions under which they may be added or removed.

 

 

STUDENT INITIATIVE REFERENDUM

Section 7 – Election Procedures (Revised 11/18/98)

7.01

As stated in Section 91 of these AS bylaws, a student initiative referendum proposal from the regular membership at large may be submitted to the AS Judicial Affairs Council in the form of a petition signed by five (5) percent of the total membership. Language on the petition first must be approved by the ASBOD in consultation with legal counsel of the AS and once so approved, will be the language that will be on the ballot for said student initiative referendum, if the number of required signatures is met; therefore, before the gathering of signatures begins, organizers must submit the petition language to the AS Judicial Affairs Council for approval, with final approval from the AS Board of Directors. Prior to circulation to the members of the AS of a petition for an initiative referendum, the language must be determined to be in compliance with applicable campus and trustee policy and local, state, and federal laws by the ASBOD in consultation with legal counsel of the AS. Such determination shall be made within ten days of the date of submission of the petition. If the ASBOD determines the petition not to be in compliance with any such policy or law, it shall provide a written statement setting forth the manner in which such petition is determined not to be in compliance. If the petition is revised and resubmitted, the ASBOD again shall determine compliance with such polices and laws in consultation with legal counsel within ten days of its re-submission.

Once the ballot/petition language is approved, organizers may begin collecting signatures. All petitions must be submitted to the AS office by the final day of classes of the fall semester in order to be placed on the ballot of the next general election of the AS. Signatures on the petition will be verified over the winter break and will be acted upon at the first meeting of the Judicial Affairs Council in the spring semester. If the petition met the verified signature of five (5) percent of total membership, then the student initiative ballot language will be included on the ballot of the AS General Elections, and will run the same amount of days and hours as the AS General Elections.

7.02

Student initiated referenda shall be conducted utilizing an approved web-based format and accessible to all regularly enrolled SDSU students (organization regular members) anywhere in the world via the Internet during the approved voting period.

7.03

ASBOD, A.S. University Council (ASUC), A.S. Campus Life Council (ASCLC) and the ASJAC, as governing bodies, shall not endorse any position of any student initiative referendum. The Elections Committee shall not facilitate the process of offering prospective voters incentives, and/or merits of any kind in exchange for voting. Violations of this section shall necessitate that the election is invalidated and it shall be necessary to hold another election. (Revised 11/18/98)

7.04

As outlined in Section 91 of the Bylaws, Two thirds (2/3) of the votes cast shall be necessary to pass the initiative, provided that at least ten percent (10%) of the organization’s regular members eligible to cast votes have cast votes in the initiative referendum. Should the 10% threshold not be met, the referendum vote shall be invalid.

  1. The Elections Committee shall issue a voter pamphlet, which may provide its summary of the proposed issue and statements solicited for and against the proposed issue. The voter pamphlet shall be printed and have the ability to be accessed on the student’s web portal when voting.
  2. Copies of the voter pamphlet and ballot information regarding dates, times and polling locations shall be available to students and published in the Daily Aztec and at the Associated Students web site at least twenty-one (21) consecutive days prior to the beginning of voting on the student initiative referendum. Distribution of the voter pamphlet prior to the election shall be in locations determined by the Elections Committee. It shall also be posted on the student’s web portal during voting. (Revised 4/26/00)
    Any summary of the issue included in the voter pamphlet should be brief and limited in scope to clarification of the meaning and intent of the referendum language. Pro and con statements may be no longer than five hundred (500) words. All statements should be submitted containing only upper/lower case, numbers and standard punctuation. Use of bold face and underline is allowed. However, Italics, graphics, stars, bullets and other symbols are prohibited. All words such as “a,” “an,” “the,” “A.S.” etc. would be considered one word each. “100” would be considered one word while “one hundred” would be considered two words. Words separated by a backslash will be considered two words i.e. campus/university. (Revised 05/13/98)
  3. The formatting of the text is at the discretion of the Elections Committee, with all statements being set in the same typeface and font. Once submitted, a statement can only be changed for spelling, grammar and factual accuracy, and only with the approval of the submitter. (Revised 4/26/00)
  4. In addition to the summary of the issue, the pamphlet shall include only one statement for and one statement against the issue and a rebuttal to each. These shall be selected by the Election Committee from those submitted and shall be the statements and rebuttals which, in the opinion of the Election Committee must fairly and accurately address the pro and con positions for the referendum. Rebuttal statements shall be no longer than two hundred-fifty (250) words and are subject to the same conditions as the pro/con statements outlined in Section 7.04(c). Notices shall be placed in the Daily Aztec soliciting statements for and statements against the issue. Those submitting statements for and statements against the issue shall be invited to attend the meeting and participate in the discussion where the one statement for and the one statement against the issue are selected. The Election Committee shall be responsible for selecting the statement for and the statement against the issue from those duly submitted, giving careful consideration to the advice from those present who submitted statements for and statements against the issue. Once a statement or rebuttal, for or against the issue has been submitted to and received by the Elections Committee, its contents shall not be edited or changed. Notwithstanding the foregoing, the Election Committee reserves the right in its sole and absolute discretion to reject completely any statement or rebuttal which in its opinion unfairly or inaccurately states a pro or con position. (Revised 4/26/00)
  5. The ASJAC, upon recommendation of the Elections Committee and subject to the approval of the ASBOD, with a two-thirds (2/3) vote of those members present and voting, may remove any Student Initiative Referendum from the ballot at any point in the process.
7.05

Voting instructions as approved by the Elections Committee shall be listed on the ballot.

7.06

The following procedures shall be utilized during balloting:

  1. In order to vote a student will need to access his/her student web portal and enter his/her student identification number and password.
  2. Each student will be allowed to vote once. If for any reason a student is unable to vote, he/she will be instructed by a message on screen to contact the A.S. office.
  3. Any visually and/or physically challenged voter who requires assistance in voting may have a person of their own choosing assist them with the voting process.
7.07 - Counting Ballots
  1. When the polls close on the final day of voting, the Elections Committee shall meet in a designated location that has the voting tabulation software available. No less than a quorum of the Elections Committee shall be present at the beginning of the voting tabulation process.
  2. All results and documentation shall be retained in the AS office until ASJAC accepts the results.
  3. Results shall be printed and signed by the Elections Coordinator and posted in the AS office upon completion of the count.
7.08 - Ballot Security
  1. Ballots shall be given sequence numbers so that ballots can be accounted for.
  2. Only the A.S. Executive Director or designee will have access to update the ballot content and to view updates. All such updates shall be reported to the Elections Committee. (Revised 11/17/2004)

SECTION 8 Campaigning (Revised 3/4/98, 05/13/98, 11/18/98, 02/24/99, 03/03/99, 11/19/08, 11/19/08, 11/30/11)

8.01

All campaigners in the student initiative referendum shall be responsible to ensure that all aspects of their campaign, including materials and activities, conform to the Elections Code.

8.02

All campaign leaders shall be required to meet with the Elections Coordinator. The meeting shall consist of an explanation of the Elections Code with a question and answer period. (Revised 11/18/98) (Revised 03/03/99)

Campaigning is to occur for two weeks. One week prior to campaigning starting, open forums are to be held in order to educate the student body.

8.03

All campaigns shall be conducted in accordance with the provisions of the Elections Code and any university, city, local, state, and federal policies, laws, ordinances or regulations. (Revised 4/26/00)

8.04

Harassment is prohibited. This includes verbal, written (printed or electronic) and/or physical abuse by any member of a campaign. (Revised 4/26/95) (Revised 11/18/98, 4/19/06)

8.05

Campaigning includes any verbal or non-verbal action that promotes a position on the issue. This includes any material(s) that promotes a position on the issue. (Revised 05/13/98) (Revised 03/03/99)

  1. Verbal campaigning shall be defined as persuasive speaking to prospective voters that promotes a position on the issue. (Revised 05/13/98) (Revised 11/18/98) (Revised 02/24/99)
  2. Active campaigning shall be defined as distribution of any materials, which promotes a position on the issue. (Revised 05/13/98) (Revised 11/18/98)
  3. Campaign material shall be defined as any material that promotes the an aspect of the question on the ballot. This includes, but is not limited to, signs, badges, posters, tee shirts, flyers, balloons, and electronic communication. (Revised 05/13/98)
8.06 - Campaign Signs
  1. The placement of campaign materials and campaigning of any kind may begin at 4:30 p.m. on the date established by the Elections Committee providing the campaign has met the requirements set forth in Subsections 8.02. Campaign period shall be specified as a period of 14 consecutive days. (Revised 11/18/98) (Revised 03/03/99) (Revised 4/26/00)
  2. The physical construction of a frame on campus, which ultimately becomes a part of a sign, shall be considered campaigning. Any visible activity related to the reservation of space or preparation to campaign is subject to a maximum of 12 hours in advance of open campaigning. All individuals affiliated with a campaign shall complete and submit a signed waiver of liability provided by the Elections Committee via the AS office in advance of engaging in campaign activities. All campaign activities shall conform to the SDSU Building and Grounds Policy, which can be found at http://studentaffairs.sdsu.edu/sll/studentorgs/documents/BuildingsandGroundsRegulationsUPDATEDMarch2014.pdf.
8.07

Regulations and classifications of publicity for campus elections shall be found within this Subsection of the Elections Code. (Revised 03/03/99)

  1. The area within which these regulations shall apply and the jurisdiction of the Elections Committee includes a one-mile radius of the SDSU campus proper. Campaigns are not responsible for the delivery sites of the Daily Aztec outside this one-mile radius. There shall be no campaigning outside the one-mile radius of the SDSU campus proper. All campaigning shall be in adherence to governing policies. (Revised 11/18/98, 02/24/99)
  2. Campaigns shall be prohibited from placing flyers on motor vehicles. (Revised 02/24/99)
  3. Advertising or campaigning that endangers persons on campus or within the one-mile radius of the campus proper (as outlined in Section 8.08(H) of the Elections Code) is prohibited. (Revised 11/18/98, 02/24/99, 03/03/99)
  4. Campaigns shall be prohibited from posting campaign material over another campaign’s material. (Revised 02/24/99)
  5. Campaigns shall be prohibited from saturating any one area with their own publicity. Saturation is defined as having more than one sign in one viewpoint. Campanile Walkway shall be separated into two viewpoints because of its length. The two viewpoints at Campanile Walkway shall be divided at the Open Air Theatre. A viewpoint shall be defined as items within peripheral vision from a fixed point. (Revised 05/13/98, 11/18/98, 02/24/99)
  6. No active or verbal campaigning or intimidation of any type shall occur that interferes with or unduly influences in any way a student while at the web site while attempting to cast a vote (Revised 5/17/95, 5/13/98, 11/18/98, 02/24/99, 11/17/04).
  7. No active or verbal campaigning shall occur in any University public-access facility that houses public-access computers with access to the World Wide Web. (Revised 11/17/04)
  8. Any person having anything to do with the running of the election, counting of ballots, or working in an election area shall not wear or distribute any material promoting any one campaign and shall not publicly campaign in an active or verbal manner on behalf of any campaign. There shall be no advertising or campaigning that interferes with classroom instruction without the consent of the professor or instructor. (Revised 4/26/95, 11/18/98, 02/24/99, 4/19/06)
  9. There shall be no campaigning or advertising in the Love Library. (Revised 02/24/99)
  10. Campaign signs shall be placed only on grass-covered areas on campus, unless otherwise stated in the Elections Code and shall be constructed in such a way that they are easily and reasonably movable by no more than two persons. SDSU Facilities Services and its employees shall not be responsible for damage caused to campaign materials in the process of moving them to perform their assigned tasks (including but not limited to mowing of grass areas). (Revised 11/18/98, 02/24/99, 4/19/06)
  11. An original of the printed and electronic campaign material shall be submitted to the Elections Committee before distribution to determine the ownership of printed campaign materials and accountability of campaigns for said materials. (Revised 05/13/98, 11/18/98, 02/24/99, 03/03/99)
  12. Each campaign shall be allowed any combination of posted signs or banners to total not more than forty (40). Four (4) of these campaign materials shall be no greater than eight (8) feet in height, eleven (11) feet in length and eight (8) feet in width. All other posted signs and banners shall be no greater than three (3) feet in height, two (2) feet in length and two (2) feet in width. (Revised 05/13/98, 11/18/98, 02/24/99, 4/26/00, 11/19/08)
    1. A sign shall be defined as including any type of attached support posts. A double-sided A-frame sign constitutes one sign. (Note: Badges, tee shirts, flyers, balloons, sandwich boards, etc. that are posted are thus reclassified as signs. Wearing of these items does not constitute posting.) (Revised 04/26/95, 05/13/98, 11/18/98)  
    2. Height shall be measured from the top of the sign to the ground. Length shall be measured from the left of the sign to the right. Width shall be measured from the front of the sign to the back. Anything touching the sign or supporting the sign shall be included in the measurement. (Revised 05/13/98, 11/18/98)
    3. Each campaign must turn in a printed map and/or list of the locations of where the campaign has placed the stand-alone signs before the signs are made public. If stand-alone signs are added at a later date, an updated map and/or list must be submitted before the signs are made public.
  13. A $100 deposit shall be collected from each campaign at the time they meet with the Elections Coordinator for the purpose of insuring that campaign signs will be removed from campus by the established deadline. (Revised 4/26/95, 11/18/98, 02/24/99)
  14. Any form of publicity defacing University property is prohibited. Examples of defacing property include but are not limited to the use of nails and thumbtacks in trees or injuring finished walls and buildings and the use of staked signs on University property. These examples are not intended to limit the application of the Elections Code to these certain areas. No campaign material shall be placed on any campus trees nor shall they be placed in tree wells or flowerbeds. No publicity shall be allowed on the Daily Aztec distribution boxes, light poles, or trash cans. No advertising shall come in contact with the walls of any building, including the writing on chalkboards in classrooms, except areas that are currently approved as general posting areas (i.e. the wall below the iron railing on the west side of the Dining Commons, and the walls surrounding the periphery of Conrad Prebys Aztec Student Union). There shall be no written endorsements or campaigning of any kind on the chalkboards in classrooms or campus thereof. (Revised 11/18/98, 02/24/99)
  15. All campaign posters, signs, and banners shall be removed by 8:30 p.m. on the day after voting concludes. Campaign materials still up after this time shall be removed and disposed of by A.S. staff. If campaign material is not removed from campus by this time, the $100 candidate deposit shall be forfeited. (Revised 11/18/98, 02/24/99)
  16. Use of telecommunications for campaigning shall be limited. Telecommunication may be used if it does not impede the educational process as outlined by San Diego State University and/or the California Educational Code or violate another subsection of this Elections Code. Telecommunication material shall be submitted to the Elections Committee before distribution to determine the ownership of electronically distributed campaign materials and accountability of campaigns for said materials. Use of said materials does not constitute a violation of subsection 4.06c of this Elections Code (1-mile radius restriction). There shall be no use of telephone calls or SMS/Text messaging for the purposes of soliciting votes. (Revised 11/19/08)
    1. The use of email is permitted, with the following stipulations: emails can only be sent to persons the campaign knows. E-mails cannot be sent to students who you do not know. Excessive e-mailing will not be permitted. Excessive emailing will be determined to be a form of spamming, which is a disruptive message sent to email accounts of persons the sender does not know. All emails sent shall include an opt-out method for recipients to inform the sender not to send future email messaged, and all opt-out requests shall be honored by the sender. (Revised 11/19/08)
    2. Social networking websites (including, but not limited to Facebook, Twitter, etc.) shall be allowed for use in campaigning pursuant to the following conditions:
      1. The following definitions shall be used in consideration of these rules:
        1. Content shall be defined as any material (including, but not limited to text, pictures, audio, and video) which exists on any given page and is under any reasonable amount of control by the campaign. Campaigns are thus not responsible for advertisements automatically inserted into the site by the host or site structural elements that are determined by the host or host policy.
        2. ‘Host’ shall be defined as the company which operates the root domain (including, but not limited tofacebook.com, etc.) and/or with which the profile holder has entered into a use agreement.
      2. Campaigning shall not be allowed on sites that forbid campaigning.
      3. Such campaigning shall not be abusive, libelous/slanderous, or in any way deleterious to competitors, competitors campaign members, or any other person or organization. Campaignss are reminded that websites are considered to be public documents.
      4. Because campaigns have the ability to delete offending content from their profile pages, campaigns shall be considered to be responsible for any text, images, audio, or media of any kind posted by themselves or by others on their profile pages. The acceptable time frame to remove offensive content from pages shall be determined by the Elections Committee.
      5. The creation of artificial profile pages for the purpose of misleading potential voters or for discrediting opponents shall result in immediate disqualification, subject to action by the Elections Committee.
      6. Any copyrighted media content shall be used with authorization from the copyright holder and in accordance with any applicable laws. All content on a campaign’s pages is subject to the agreements appropriate to each site. The Associated Students makes no claim to supersede or override such agreements.
      7. All major site content relating in any way to the campaign shall be submitted prior to posting to the Elections Committee. Comments need not be submitted to the Committee beforehand and are thus a forum for free exchange of ideas and statements, subject to the rules provided in this Elections Code.
        1. Comments shall not be abusive in nature, number, content, or volume.
        2. While not prohibiting such action, the Committee would like to strongly urge campaigns and supporters to refrain from posting on the sites of opponents.
        3. Photos posted during the campaign need not be on file with the Committee provided the content of the photos is in accordance with these Bylaws.
        4. Any photos depicting campaign materials, which are not on file with the Committee, shall not be allowed.
      8. The creation of groups within the social networking sites shall be allowed, pursuant to the restrictions and provisions provided in this Elections Code.
      9. Messaging and posting on social networking sites shall be permitted. Messages on social networking sites are not considered e-mails. (Revised 11/19/08)
      10. User names on social networking sites shall be appropriate and in accordance with these Rules.
      11. Campaigns may post a direct link to their social network profile on their campaign materials. (Revised 11/19/08)
      12. The use of Blackboard for campaigning is not permitted.
  17. Campaigns may post a link to the student web portal from their campaign sites. The URL for the WebPortal may be included on campaign material. (Added 11/17/2004, 4/19/06)
  18. There shall be no verbal or written campaigning (use of flyers, buttons, stickers, signs, etc.) during ASBOD, ASUC, ASCLC or ASJAC meetings or meetings of any council, commission, board, sub-board or committee under the jurisdiction of the A.S. (Revised 4/26/00)
  19. Campaign materials (as defined in this Elections Code) will be allowed within the campus Residence Halls only in accordance with the Solicitation Policy of the Residential Education Office. In all cases, the Solicitation Policy of the Residence Halls shall dictate policy where the provisions of this section are in conflict with the Solicitation Policy. (Added 4/21/04, 4/19/06)
  20. There is to be no campaigning within 100 feet of an official or unofficial pollsite.
  21. If there is any doubt with regards to the Elections Code, the candidate(s) should consult the Elections Committee.

Section 9 - Campaign Endorsement Policy (Revised 3/4/98) (Revised 5/13/98) (Revised 11/18/98) (Revised 03/03/99)

9.01

Campaign endorsement activities shall be subject to this Elections Code, except for internal communication with student organizations’ own members.

Section 10 - Violations of the Student Initiative Referendum Elections Code (Revised 3/4/98) (Revised 5/13/98) (Revised 11/18/98) (Revised 02/24/99)

10.01

Complaints of violations of the Elections Code shall be presented, in writing, to the Elections Committee via the AS office. The Elections Committee has the authority to find a campaign in violation and to decide a penalty. The Election Committee’s decision is subject only to review by the Appeals Panel. (Revised 11/18/98)

10.02

All complaints shall be submitted by 4:30 pm on the second business day after becoming aware of the alleged violation. All complaints shall be submitted at least two business days before the ASJAC is scheduled to approve the Student Initiative Referendum results (i.e. For a Wednesday meeting, submittals need to be turned in by the close of business on Monday). (Revised 11/18/98)

10.03

If the Elections Committee is aware of a violation of the Elections Code, it may call a special hearing to review the possible violation. This hearing will be treated the same as a complaint hearing.

10.04

The Elections Committee shall make a ruling upon a complaint within two (2) business days of the submission of that complaint. For a complaint to be addressed six (6) voting members of the Elections Committee shall be present. A two-thirds (2/3) vote of the Elections Committee (members present and voting) shall be required for a complaint of a violation and penalty to be upheld. (Revised 11/18/98)

10.05

When a complaint is filed, the campaign leader and the author will be notified of when the complaint hearing is and where it will be located. Both parties will be given copies of the complaint. Both parties shall be afforded the opportunity to speak on the complaint, provide evidence and invite witnesses at the hearing. (Revised 11/18/98)

Violations and penalties are decided by the Elections Committee. Any appeals to a decision of the Elections Committee regarding a violation and/or penalty must be filed in the AS office within 48 business hours of the conclusion of the meeting where the decision that is being appealed was made. The Judicial Affairs Council will address the appeal within two business days.

The Elections Coordinator and the Associated Students Executive Director or designees shall serve as ex-officio non-voting members. In the event of an appeal, the Judicial Affairs Council shall choose to hear the case based on rationale.

In the event of an appeals hearing, both parties will be notified the time and location of the hearing. Only the filer of the complaint and the campaign leader will be given an allotted time to speak on behalf of their campaign at the appeals hearing. The duty of the Judicial Affairs Council in this instance is to review the record of the hearing being appealed and decide whether to support remand or modify the decision of the Elections Committee.

10.06 - Penalties for Violations of the Student Initiative Referendum Elections Code (Revised 3/4/98) (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99) (Revised 04/28/99) (Revised 5/08/02)

Violations of the Elections Code may result in a reprimand(s) with possible conditions, multiple (three or more) reprimands and/or the possibility of disqualification of the Student Initiative Referendum. By this, the committee can recommend either reprimand(s) or disqualification for violations of this Code. (Revised 11/18/98) (Revised 02/24/99) (Revised 03/03/99) (Revised 5/08/02, 11/17/04)

10.07

Any campaign that accumulates three or more reprimands or does not comply with conditions in the reprimand is subject to disqualification from the election, subject to appeal to the Judicial Affairs Council. Campaigns shall be required to submit written evidence to the Elections Committee that they have made a “good faith” effort to meet the conditions of the reprimand within two days of the decision by the Elections Committee. (Revised 11/18/98)

10.08

The ASJAC subject to approval of the ASBOD, with a two-thirds (2/3) vote of those members present and voting may invalidate any Student Initiative Referendum within its jurisdiction when a meeting of the Elections Committee has shown that sufficient evidence exists that violations of the Elections Code may have significantly affected the results of that election. Such evidence shall be submitted to and reviewed by the ASJAC prior to holding the vote to invalidate said election. (Revised 11/18/98)

10.09

The Elections Committee shall announce, with the approval of the ASJAC, if there will be an alternative Student Initiative Referendum, and if so, the conditions and dates of alternate Student Initiative Referendum, at the time that the election is invalidated, and shall specify provisions that may be added or removed from the specific ballot and the conditions under which they may be added or removed.

Section 11 – Campus Fee and Student Body Organization Fee Referenda (Adopted 04/28/99)

11.01 – Purpose

Campus fee referenda may be run by the campus or by written agreement with the Associated Students. This section of the Elections Code contains guidelines for the conduct of campus fee referenda when conducted by the Associated Students.

11.02 – Call for a Fee Referendum

The University President, with advice from the Campus Fee Advisory Committee, may call an advisory campus fee referendum. The call for a binding referendum for adjustment in the student body organization fee may be made by the ASBOD or upon presentation to the University President of a petition containing the names, signatures and student ID numbers of at least ten (10) percent of the regularly enrolled students. The Associated Students shall pay costs of a referendum for adjustment in the student body organization fee. Costs for all other advisory campus fee referenda called by the campus shall be paid by the campus.

11.03 – Notice and Requirement for Voter Pamphlet
  1. The Campus Fee Advisory Committee shall issue a voter pamphlet providing objective analysis of the proposed fee action and statements solicited for and against the proposed fee action. The voter pamphlet shall be printed and have the ability to be accessed on the student’s web portal.
  2. Copies of the voter pamphlet and ballot information regarding dates, times and polling locations shall be available to students and published in the Daily Aztec and at the University web site at least thirty (30) days prior to the referendum. Distribution of the voter pamphlet prior to the election shall be in locations determined by the Campus Fee Advisory Committee in consultation with Associated Students. It shall also be posted on the student’s web portal. (Revised 4/26/00)
  3. Any summary of the proposed fee action included in the voter pamphlet should be brief and limited in scope to clarification of the meaning and intent of the referendum language. The objective analysis of the fee referendum shall include the benefits and liabilities of both passage and defeat of the fee referendum. Pro and con statements may be no longer than five hundred (500) words. All statements should be submitted containing only upper/lower case, numbers and standard punctuation. Use of bold face and underline is allowed. However, Italics, graphics, stars, bullets and other symbols are prohibited. The formatting of the text is at the discretion of the Campus Fee Advisory Committee, with all statements being set in the same typeface and font. Once submitted, a statement can only be changed for spelling, grammar and factual accuracy, and only with the approval of the submitter. (Revised 4/26/00)
  4. In addition to the objective analysis and the summary of the proposed fee action, the pamphlet shall include only one statement for and one statement against the fee action and a rebuttal to each. Rebuttal statements shall be no longer than two hundred-fifty (250) words and are subject to the same conditions as the pro/con statements outlined in Section 7.03(c). Notices shall be placed in the Daily Aztec soliciting statements for and statements against the proposed fee action. Those submitting statements for and statements against the proposed fee action shall be invited to attend the meeting and participate in the discussion where the one statement for and the one statement against the proposed fee action are selected. The Campus Fee Advisory Committee shall be responsible for selecting the statement for and the statement against the proposed fee action from those duly submitted, giving careful consideration to the advice from those present who submitted statements for and statements against the proposed fee action. Once a statement for or against the proposed fee action has been submitted to and received by the Campus Fee Advisory Committee, its contents shall not be edited or changed. (Revised 4/26/00)
11.04 – Conduct

The referenda shall be web-based and conducted on the SDSU campus on dates and at times and locations approved by the Campus Fee Advisory Committee. The referenda and shall be held on at least two consecutive days during the regular academic year while the campus is in session except Friday, Saturday or Sunday. (Revised 11/17/2004)

11.05 – Results
  1. The results of an advisory referendum are subject to final approval by the University President.
  2. An adjustment to the student body organization fee shall be approved by a majority of students voting in a referendum. An approved adjustment in the student body organization fee shall take effect with the beginning of the academic year following that in which the referendum was held.
  3. The results of the referendum shall be posted publicly at the AS Government Affairs Office on the SDSU campus and published in the Daily Aztec, along with the referendum appeal process described in Section 7.14 of this Code. The publication of the unofficial voting results, as approved by ASBOD, along with the appeal process described in Section 7.14 of this Code shall occur prior to any action by the Campus Fee Advisory Committee including but not limited to forwarding their recommendation and results to the University President. Once this has occurred, the results shall also be forwarded to the University President with a recommendation from the Campus Fee Advisory Committee in conformity with Section 3.17 of the Elections Code, in its entirety. (Revised 11/17/2004)
11.06 – Electioneering
  1. The approved voter pamphlet described in Section 7.03 of this Code shall be available electronically when a student is voting. With the exception of the approved voter pamphlet, no verbal electioneering or placement of signs or distribution of materials or otherwise, for or against the fee action shall be accessible on the web portal.
  2. Persons found to be in violations of Section 7.06a shall be subject to appropriate disciplinary action, including applicable personnel policies, if any, as determined by the University.
11.07 – Advocacy
  1. University faculty, administration, staff and students may advocate a position on a proposed campus fee or student body organization fee action through any legal means including publication and distribution of written materials, organized debates and/or public forums. Any printed materials or advertising advocating a position on a proposed campus fee or student body organization fee action should include the names of the person(s) or group(s) sponsoring the advocacy material and their status as a student or non-student. The AS Elections Committee and the Campus Fee Advisory Committee shall make every reasonable effort to inform student and campus organizations of these requirements. (Revised 11/17/2004)
  2. No employee of the Associated Students, with the exception of the five executive officers, shall engage in any advocacy for or against a proposed fee action during their regular work shift without the approval of the ASBOD. None of the resources of the Associated Students, including but not limited to the AS web site, shall be utilized to advocate a position for or against a proposed fee action without the approval of the ASBOD. The AS Executive Director shall provide a written report to the ASBOD of all proposed uses of AS staff and/or other resources prior to implementation. (Revised 11/17/2004)
  3. Recognized student organizations, campus organizations and/or campus departments expending funds in support of or opposition to a campus fee referenda shall submit a written statement to the Campus Fee Advisory Committee containing full disclosure of all expenditures and all sources of funds used to support or oppose the proposed fee action. Written statements shall be submitted in accordance with this subsection within three (3) business days of the last day of voting.
11.08 – Election Personnel (Revised 4/16/08)

Campus fee referenda conducted by the Associated Students shall be overseen and administered by the Elections Coordinator and the Elections Committee. The Elections Coordinator shall maintain public neutrality on the fee action presented in the referenda and shall conform to the provisions of Section 4.06h of the Elections Code.

11.09 – Voter Eligibility

The electorate shall consist of all regularly enrolled students at the SDSU (main) campus. Both undergraduate and graduate students shall be eligible to vote.

11.10 – Ballots

The Campus Fee Advisory Committee shall determine and approve the wording of the referendum ballot. The Elections Coordinator shall arrange for downloading and security of electronic ballots in conformity with the provisions of Section 3.18 of the Elections Code, in its entirety.

11.11 – Voting Procedures

Voting procedures shall be identical to those used in AS General Elections, as outlined in Section 3.09 of the Elections Code, in its entirety. Apart from the materials necessary to execute the referenda process, only the voter pamphlet shall be present on the student web portal and made available to the individual voter.

11.12 – Ballot Counting

The Elections Coordinator shall arrange for ballot counting in conformity with the provisions of Sections 3.17a, b and c of the Elections Code. Accommodations shall be arranged for authorized individuals (in consultation with the Campus Fee Advisory Committee) to be present, while maintaining security of the results themselves. (Revised 4/26/00)

11.13 – Maintenance of Records

The Elections Coordinator shall maintain complete records of the referendum, and any other information or documents appropriate for the referendum for at least three (3) months after the referendum, or the resolution of any election-related disputes or appeals, whichever is later.

11.14 – Referenda Appeal Process

Any student, faculty member, administrator or staff member may make written appeal to the Elections Committee for review of conduct of a referendum within three (3) business days after the results of the referendum have been announced as specified in Section 7.05 (b) of the Elections Code. The Elections Committee shall call and conduct an appeal hearing within two (2) business days of receipt of a written appeal submitted in conformity with this section of the Elections Code. Within three (3) business days of the hearing, the Elections Coordinator shall submit a written report of the findings of the Elections Committee with regard to the appeal, to the Campus Fee Advisory Committee. The Campus Fee Advisory Committee shall determine the validity of the referendum after considering the findings of the Elections Committee.

11.15 – Changes to Section 11 of the Elections Code

Any changes to this section (Section 11) of the Elections Code will be sent to the Campus Fee Advisory Committee for their information. (Revised 4/26/00)

(Revised 5/17/95, 11/21/07, 12/2/13, 12/1/14)

Section 1

1.01 – Appointments

A. All appointments made to the AS Board of Directors (ASBOD), AS University Council (ASUC), AS Campus Life Council (ASCLC), AS Judicial Affairs Council (ASJAC), AS boards, sub-boards, commissions and committees, University boards and committees, Senate committees, the Campus Fee Advisory Committee and nominations to the Aztec Shops Board of Directors shall be made with regard to the AS Non-discrimination Statement as set forth in Section 1.08a of this Code. In addition, before appointments are approved by the ASJAC for the various student leadership opportunities, the nominees must be confirmed to meet or exceed eligibility requirements for the individual positions as outlined in the AS Bylaws.

B. ASJAC Appointments and Review Committee

1. The Chief Justice shall serve as Chair of the Appointments and Review Committee, non-voting except in the event of a tie.

2. The ASJAC shall form an Appointments and Review Committee whose purpose is to announce, interview and nominate qualified SDSU students in the spring semester for the initial appointment of ASBOD Students-at-large positions and ASJAC Justices. various student leadership positions as specified in the A.S. Bylaws.

3. The regular membership of the Appointments and Review Committee shall include:

a. Three (3) members appointed by each of the ASCLC and ASUC.

b. The AS Executive Vice President and Vice President of University Affairs, in their roles as chairpersons of the ASCLC and ASUC, respectively.

c. The chairperson of the respective board, sub-board, commission, council or committee, and only for the purpose of filling their vacant seats.

d.  The AS Chief of Staff, non-voting.

e. The AS Executive Director or designee, as a non-voting member.

4. The nominations, recommendations, and other actions by the Appointments and Review Committee shall be submitted to the ASJAC for approval.

C. ASJAC Appointments and Review Committee

1. The ASJAC shall form an Ad-Hoc Vacancy Committee whose purpose is to announce, interview and nominate qualified SDSU students during the year in the event of a vacancy for an ASBOD Student-at-larger, ASCLC Representative, or ASJAC Justice position. The Ad-Hoc Vacancy Committee will also announce, interview and nominate the AS Elections Coordinator.

2. The ASJAC shall form an Appointments and Review Committee whose purpose is to announce, interview and nominate qualified SDSU students in the spring semester for the initial appointment of ASBOD Students-at-large positions and ASJAC Justices. various student leadership positions as specified in the A.S. Bylaws.

3. The regular membership of the Ad-Hoc Vacancy Committee shall include:

a. One (1) member appointed each by ASBOD, ASCLC, ASUC and ASJAC.

b. The A.S. Executive Vice President and Vice President of University Affairs, in their roles as chairpersons of the ASCLC and ASUC, respectively.

c. The chairperson of the respective board, sub-board, commission, council or committee, and only for the purpose of filling their vacant seats.

d. The A.S. Chief of Staff, non-voting

e. The A.S. Executive Director or designee, as a non-voting member.

1.02 – A S  Board of Directors and Councils
1.02.1 – Executive Officers

If it becomes necessary to fill a vacant Executive Officer position during a term, the vacancy shall be filled in accordance with the guidelines set forth in Section 27 of the AS Bylaws.

1.02.2 – ASBOD Student at-Large Member
  1. Applicants for one or more vacancies for the six (6) student-at-large ASBOD member positions shall be interviewed and nominated by the ASJAC Appointment & Review Committee and approved by the ASJAC. Each ASBOD Student at-Large member shall serve for a minimum of one (1) year, up to a maximum of three (3) years.
  2. Applications for the six (6) ASBOD Student at-Large member positions shall be open concurrently with the time nominations are open for AS General Elections. The deadline for applications for the six appointed ASBOD Student at-Large members shall be set for one (1) week following the announcement of the final AS General Election results.
  3. Two BOD students-at-large shall have the opportunity to sit as voting members of the interview panel to fill vacant positions of the BOD, as granted by the election of the Board of Directors.
1.02.3 – ASUC College Representatives
  1. If it becomes necessary to fill a vacant ASUC college representative seat during a term, the AS Vice President of University Affairs or an AS staff member designated by the Vice President of University Affairs, will notify the president of the affected college council of the vacancy. The college council president is responsible for informing members of the College that a seat on ASUC is available.
  2. Nominees to fill vacant college representative seats on ASUC must be approved by the college council provided that they meet or exceed eligibility requirements outlined in Sections 12 through 15 of the AS Bylaws. The name of the nominated representative(s) shall be forwarded to the Chief Justice and receive approval by the ASJAC.
  3. If the college council fails to fill a vacant college representative seat on the ASUC within 21 calendar days of the vacancy notice described above, then the ASJAC Appointments & Review Committee shall take applications and fill the vacant seat in accordance with their standard process for filling vacancies.
1.02.4 – ASCLC Commissioners and Campus Representatives
  1. Commission Chairpersons
    The ASCLC Commission Chair shall be appointed by each respective ASCLC Commission utilizing a process outlined in the charter or governing documents for that Commission.
  2. Elected Student at-Large Representatives
    If it becomes necessary to fill a vacancy in one or more of the seven (7) ASCLC representatives elected by the regular membership, in the middle of a term, the Executive Vice President will notify the Chairperson of the affected ASCLC Commission and the Chief Justice of the vacancy. The Chief Justice, through the ASJAC Appointments and Review Committee is responsible for informing the regular membership of the vacancy and for filling the vacancy in accordance with the Committee’s appointment procedures. The Chair or designee of the affected ASCLC shall have the opportunity to sit as a member of the interview panel to fill vacant representative seats for their Commission. Nominees to fill a vacant representative seat on ASCLC must be approved by the ASJAC provided that they meet or exceed eligibility requirements outlined in Sections 12 through 15 of the AS Bylaws. The name of the nominated representative shall be forwarded to the Chief Justice and receive approval by the ASJAC.
  3. Elected Student-at-Large Campus Representatives
    If it becomes necessary to fill a vacancy in one or more of the two (2) ASCLC student-at-large campus representatives elected by the regular membership, in the middle of a term, the Executive Vice President will notify the Chief Justice of the vacancy. The Chief Justice, through the ASJAC Appointments and Review Committee is responsible for informing the regular membership of the vacancy and for filling the vacancy in accordance with the Committee’s appointment procedures. Nominees to fill a vacant student-at-large campus representative on ASCLC must be approved by the ASJAC and meet or exceed eligibility requirements outlined in Sections 12 through 15 of the AS Bylaws. The name of the nominated representative shall be forwarded to the Chief Justice and receive approval by the ASJAC.
  4. If the ASCLC fails to fill a vacancy on its council within 21 calendar days of the vacancy notice described above, then the ASJAC Appointments & Review Committee shall take applications and fill the vacant seat in accordance with their standard process for filling vacancies.
1.02.5 – A.S. Chief Justice or Justices
  1. Applicants for one or more vacancies for the Chief Justice or six (6) Justice positions shall be interviewed and nominated by the ASJAC Appointment & Review Committee and approved by the ASJAC.
  2. Applications for the Chief Justice and six (6) ASJAC Justice positions shall be open concurrently with the time nominations are open for AS General Elections. The deadline for applications for the shall be set for one (1) week following the announcement of the final AS General Election results.
  3. Two Justices shall have the opportunity to sit as voting members of the interview panel to fill vacant positions of the JAC, including the Chief Justice.
1.03 – University Senate Representation

Before the first meeting of a new sAS administration, and/or in the event it becomes necessary to fill a vacant student seat on the University Senate or on a University Senate committee during the middle of an academic year, the Vice President for University Affairs shall forward nominations to the Chief Justice for review and approval by the ASJAC. Nominees to fill vacant seats on the University Senate or any one of its committee shall meet or exceed eligibility requirements outlined in Sections 12 through 15 of the AS Bylaws.

1.04 – Representation on University Committees

The AS President shall serve or designate students to serve on his/her behalf on University committees. Once the President has determined the designees, he/she shall forward the nominees’ names to the Chief Justice, who will forward the nominees’ names to the ASJAC for approval.

1.05 – Aztec Shops Board of Directors Representation

The AS President shall serve and/or nominate students to serve on the Aztec Shops Board of Directors. Nominations of students to serve on the Aztec Shops Board of Directors shall be made in accordance with Section 20(I)2 of the AS Bylaws and meet or exceed eligibility requirements outlined in Sections 12 through 15 of the AS Bylaws. Nominees’ names shall be forwarded to the Chief Justice, who will forward the nominees’ names to the ASJAC for approval. Once the names are approved by the ASJAC, they are forwarded to the Aztec Shops Board of Directors for approval.

1.06 – Campus Fee Advisory Committee

The student seats on the Campus Fee Advisory Committee shall be composed of current members from the ASBOD. Their names shall be forwarded by the Chief Justice to the ASJAC for approval.

1.07 – AS Boards, Sub-Boards, Commissions and Committees
  1. Recruitment and Promotions
    The Chief Justice shall ensure that all AS vacancies are adequately publicized and recruited for. All ASBOD, ASCLC and/or ASUC members will be encouraged to announce the openings to their respective constituencies.
  2. Returning Members
    At the end of each academic year, but before the first meeting of new student administration, the Chief Justice will distribute student leadership applications to the board, sub-board, commission and committee advisors. The advisors will distribute the applications to current members on their respective boards who would like to continue to serve on the board, sub-board, commission or committee. The Chief Justice will forward these reappointments to the ASJAC for approval.
  3. New Members
    Any interested SDSU students can apply to be on an AS board, sub-board, commission or committee at any time during the year. After completing a student leadership application, the applicant will be interviewed by one of the following persons: an AS Executive Officer, an AS Board of Directors member or the chair of the board, sub-board, commission or committee the applicant is applying for. The interviewer will recommend placement for the applicant to the Chief Justice. The Chief Justice will then forward those recommendations to the ASJAC for final approval.
1.08 – Policy on Diversity for Appointments to Student Leadership Positions
  1. The Associated Students Board of Directors is committed to eliminating all discrimination against any applicant because of race, religion, color, sex, age, disability, marital status, sexual orientation, gender identity and expression, national origin, pregnancy, medical condition, and covered veteran status. (Revised 4/25/01)
  2. The ASBOD affirms its commitment to the principles of equal opportunity for all applicants and appointees. This commitment extends to all student leadership appointment proceedings including, but not necessarily limited to recruitment and selection processes. To ensure the effective application of this policy, the ASBOD has established a Policy on Diversity for Appointments to Student Leadership Positions. This policy is designed to search for qualified applicants in underrepresented groups, as identified by University enrollment statistics, and at the same time communicates to all applicants for student leadership positions that all appointments are based on equal opportunity through individual merit and position related criteria.
  3. The Policy on Diversity extends to all appointed student leadership positions. However, since the process of recruitment and selection are different for various appointments, the pool of appointees will be divided into two different categories:
    1. Board, sub-board, commission and committee appointments
    2. Executive Officer Designees and University Committee Appointments to include:
      1. All Senate Committees
      2. All University Committees
      3. Nominees to Aztec Shops Board of Directors
      4. Campus Fee Advisory Committee (CFAC)
  4. The ASBOD has a policy on the prohibition of sexual harassment. Complaints should be directed to the AS Human Resources Director. All reports and complaints will be investigated in accordance with University regulations and applicable laws.
  5. The AS Chief Justice shall serve as the Diversity Appointments Officer for both categories of appointees and shall contact underrepresented student organizations to recruit potential board members as necessary to meet diversity goals.
  6. The official affirmative goal of the ASBOD with regard to appointed leadership positions will be to make involvement in each of the two pools of appointees consistent with the thrust of Associated Students diversity goals, which calls for parity for all staff, employees and student leadership appointees.
1.09 – Appointment Appeal Procedure
  1. If an applicant for a student leadership position believes the selection process was discriminatory, he/she may appeal at the informal 1st level to the Chief Justice. All appeals must be filed within 10 days after the alleged incident. They must be filed on appeal forms available in the AS Government Affairs Office.
  2. If there is no resolution at the 1st level, the student may appeal to the AS President at the formal 2nd level, not later than 7 days after a decision at the 1st level. The formal complaint must include specific policies violated, description of incident, proposed remedy, name, telephone and signature of complainant.
  3. The 3rd and final formal level of appeal will be to the ASBOD. The complaint must be filed no later than 7 days after the 2nd level decision. The ASBOD’s decision is final.
  4. All complaints are strictly confidential. The decisions of ASBOD shall be binding and final.

(Revised 5/17/95) (Revised 11/18/98) (Revised 2/6/13, 12/2/1, 9/8/14, 12/07/15)

Section 1 – Legislative Procedures
Section 2 – Provisions for Public Comment
Section 3 – AS Judicial Affairs Council Procedures

 

Section 1 – Legislative Procedures

1.01 – Procedures

Any legislation to be approved by the A.S. Board of Directors or A.S. University Council shall be submitted to the A.S. Office by the sponsor of the legislation.

1.02

Any legislation must be submitted at least 4 business days in advance of the University Council meeting for which it is to be reviewed as information.

1.03

All legislation is reviewed and acted upon by the A.S. University Council.

1.04

All legislation shall first be reviewed by the A.S. University Council as an information item and voted upon as an action item at a later meeting. The A.S. University Council may assign the legislation to an A.S. commission, board or committee for review, research and recommendation.(Revised 11/20/02)

1.05

Legislation shall not be acted upon by the A.S. University Council until it has been reviewed by the appropriate, assigned commission, board or committee.

  1. Legislation that comes before the A.S. University Council shall be accompanied by a summary of findings and written testimony by a member(s) of the commission, board or committee that recommended action on the legislation.
1.06

All legislation is subject to final approval by the A.S. Board of Directors.

All proposed legislation must be submitted to the A.S. office by the Friday of the sixth week of the semester in order to be addressed by the end of the semester.

1.07 - Process for External Resolutions
  1. An external resolution shall be a proposed legislation that is submitted to the A.S. Office by a a current member of the organization, and will be assigned a number.
  2. The legislation is added to the agenda of the next scheduled University Council meeting.
  3. At said University Council meeting, the author of the resolution will assign the legislation to an A.S. commission, board or committee and the UC will approve the assignment. The intention is to assign the legislation to the commission, board or committee whose area of work is related to the topic of the legislation. The UC may send initial thoughts, concerns and suggestions for areas of research to the assigned commission, board or committee.
  4. The assigned commission, board or committee has one week of a first reading, to include introduction to the legislation and is listed as information on the agenda. During the first reading, members can be assigned duties related to the legislation including but not limited to conducting additional research related to the legislation. Research can include addressing any questions or concerns UC members and/or students are expressing. At the next meeting, the legislation is reviewed as a second reading and is listed as information on the agenda. The updated research is reviewed. Any questions or concerns arising from the research discussion should be researched by the next meeting. At the next meeting, the commission, board or committee act on the legislation and it should be listed as action on the agenda. Any new research can be reviewed at this meeting if needed. If the commission, board or committee determines that additional time is needed in the process to conduct further research, they can vote to extend the timeline and they must report the update to the UC.
  5. After the assigned commission, board or committee acts on the legislation, it is sent to the UC. If the legislation was passed by the assigned commission, board or committee, it is listed as a second reading and as information on the agenda at the next regularly scheduled UC meeting. At this meeting, members from the assigned commission, board or committee are expected to come present to the UC to explain their findings and recap the discussion and vote of the assigned commission, board or committee. If the assigned commission, board or committee did not pass the legislative matter, it comes to the UC through its minutes. If the UC would like to review the legislative matter separately, the UC can vote to separate the legislative matter from the minutes. Members of the assigned commission, board or committee should still be present in order to answer any questions from the UC including but not limited to research and why the commission, board or committee did not pass the legislation.
  6. The legislation before the UC must be posted in written form in a location accessible to the general public no less than 1 week prior to the final action by the UC.
  7. At the next scheduled meeting of the UC, action is taken on the legislation. The UC can request further information from the assigned commission, board or committee. If the UC deems it necessary, they can vote to hold a special meeting to take action on the legislative matter instead of waiting for the next regularly scheduled UC meeting.
  8. After UC acts on the legislative matter, the outcome is forwarded to the BOD through the UC minutes, as is routinely done. The BOD can vote to separate out the UC’s action on the legislative matter. If it is not separated out, the UC’s decision on the legislative matter will be confirmed via approving the UC’s minutes.
  9. Throughout the process, the author(s) of the legislation should be updated by the Vice President for University Affairs and the chair of commission, board or committee the legislation is assigned to.
  10. If it is believed that the stated process above was not followed, a grievance may be filed. The grievance must be filed within two business days of alleged violation. Please refer to grievance process guidelines for further details.
1.08 - Process for Internal Resolutions
  1. An internal resolution shall be legislation proposed by an Associated Students board, commission or committee.
  2. Prior to submitting the proposed legislation to UC, members of that board, commission or committee shall conduct three readings in their meetings.
    1. At the first reading, members can be assigned duties related to the legislation; including but not limited to conducting additional research related to the legislation.
    2. At the next meeting, the legislation is reviewed as a second reading and is listed as an information item on the agenda. The updated research is reviewed. Any questions or concerns arising from the research discussion should be researched by the next meeting.
    3. At the next meeting, the commission, board or committee acts on the legislation, and it should be listed as an action item on the agenda. Any new research can be reviewed at this meeting if needed. If the commission, board or committee determines that additional time is needed in the process to conduct further research, they can vote to extend the timeline.
  3. After the commission, board or committee passes the proposed legislation, it is sent to the UC. It is listed as a first reading and as an information item on the agenda at the next regularly scheduled UC meeting. At this meeting, members from the approving commission, board or committee are expected to present to the UC to explain their findings, recap the discussion and the vote from the commission, board or committee.
  4. At the next UC meeting, the legislation is reviewed as a second reading, and is listed as an information item on the agenda. The updated research is reviewed. Any questions or concerns arising from the research discussion should be researched by the next meeting.
  5. The legislation before the UC must be posted in written form in a location accessible to the general public no less than 1 week prior to the final action by the UC.
  6. At the next scheduled meeting of the UC, action is taken on the legislation. The UC can request further information from the board, commission, or committee that proposed the legislation.
  7. After UC acts on the legislative matter, the outcome is forwarded to the BOD through the UC minutes, as is routinely done. The BOD can vote to separate out the UC’s action on the legislative matter. If it is not separated out, the UC’s decision on the legislative matter will be confirmed via approving the UC’s minutes.
  8. Throughout the process, the author(s) of the legislation should be updated by the Vice President for University Affairs.
  9. If it is believed that the stated process above was not followed, a grievance may be filed. The grievance must be filed within two business days of alleged violation. Please refer to grievance process guidelines for further details.

 

Section 2 – Provisions for Public Comment (Revised 4/18/07)

2.01

The public-at-large shall be given the opportunity to be heard on any item before or during consideration of the item by the AS Board of Directors, AS Campus Life Council, AS University Council or AS Judicial Affairs Council.

2.02

The AS Board of Directors, AS Campus Life Council, AS University Council and AS Judicial Affairs Council, may utilize reasonable procedures to receive requests for communication to the respective Board or Council by the public-at-large using the following guidelines:

  1. For items docketed for consideration by the AS Board of Directors, AS Campus Life Council, AS University Council or AS Judicial Affairs Council, the Secretary shall at the beginning of each meeting, collect the written communication request forms from the AS Government Affairs Office and deliver them to the meeting location for the chairperson’s reference during the meeting of the respective Board or Council.
  2. For items not currently docketed for consideration by AS Board of Directors, AS Campus Life Council, AS University Council or AS Judicial Affairs Council, but for which a member of the public wishes to communicate with the respective Board or Council on a certain date, a written communication request shall be made available for submission to the Board or Council.
  3. Requests to speak before the AS Board of Directors, AS Campus Life Council, AS University Council or AS Judicial Affairs Council shall be limited to five minutes and be limited to matters which are proper areas for discussion or action by the respective Board or Council.
  4. All written communication request forms shall be submitted to the AS Government Affairs Office no-later than one hour prior to the scheduled meeting time of the AS Board of Directors, AS Campus Life Council, AS University Council or AS Judicial Affairs Council for which one wishes to speak. Requests that fail to meet this provision will be entertained at the next regularly scheduled meeting of the respective Board or Council.

Section 3 — Grievance Process (Added 12/1/14)

3.01

If a violation of A.S. procedures, policies and/or bylaws is alleged, any member of the Associated Students at San Diego State University may file a grievance. A member of Associated Students shall be any person enrolled at San Diego State University and paying the regular Student Body Organization fee, as outlined in Section 7 of the A.S. Bylaws.

3.02

To file a grievance, the Grievance form can be accessed online or in the AS office.

3.03

A grievance form must be submitted within five business days of the occurrence of the alleged violation.

3.04

The A.S. office staff assigns a number to it and it is placed on the agenda of the next regularly scheduled JAC meeting.

3.05

The first reading of the grievance is the introduction and is listed as information on the agenda. The JAC may determine to research the violation and invite guests to the next meeting.

3.06

At the next meeting, the grievance goes through a second reading and is listed as information on the agenda. It is an opportunity for guests to address the JAC and an opportunity for the JAC to review additional information.

3.07

At the next meeting, the JAC acts upon the grievance. If a violation is found, the JAC may assign penalties.

3.08

All decisions of the JAC on grievances are final.

Section 4 – AS Judicial Affairs Council Procedures (Revised 5/17/95, 4/28/10)

4.01 – Meetings (Revised 4/17/02, 12/03/03)
  1. The Chief Justice shall serve as the Chair of the AS Judicial Affairs Council (ASJAC).
  2. The Vice Chair shall be elected by the ASJAC at the beginning of the fall semester and shall act as the Chair in the absence of the Chief Justice.
  3. The ASJAC shall meet as often as necessary, but shall meet at least bi-weekly unless otherwise announced during the semester.
  4. Any Associate Justice of the ASJAC who misses two (2) of any ten (10) consecutive meetings without being excused shall be dropped from the ASJAC. Absences from ASJAC meetings may be excused only by the Chief Justice.
4.02 – Responsibilities
  1. ASJAC shall advise the AS Board of Directors with respect to the efficient functioning of the meetings of the Corporation’s councils, commissions, boards and committees and the bureaucratic structure of the Associated Students.
  2. ASJAC shall ensure that the flow of information regarding Parliamentary Procedure, Bylaws, council, commission or board charters, Codes and other internal structural policies of the Associated Students to the AS Board of Directors is adequate and shall include up-to-date filing of information and periodic reports to the AS Board of Directors.
  3. ASJAC shall periodically review all Bylaws, council, commission or board charters, codes, and other internal-structural policies of the Associated Students and make recommendations to the AS Board of Directors regarding revision, amendments, or adherence (or lack of it). Any revisions, amendments, or grievances regarding the Bylaws, council, commission, board Charters, codes, or other internal-structural policies of the Associated Students must first be submitted to the ASJAC by the deadline stipulated by the ASJAC at the end of the previous semester before it can be considered by the AS Board of Directors. (Revised 11/19/97)
  4. ASJAC shall receive any and all grievances or complaints brought against any AS Board of Directors, AS Campus Life Council, AS University Council or AS Judicial Affairs Council member, with the exception of AS Employees, except those grievances dealing with the Elections Code. If ASJAC determines that the grievance or complaint could be better served by another entity it shall refer the matter to that entity for a recommendation.
  5. ASJAC shall respond to any grievances or complaints brought against any AS Board of Directors, AS Campus Life Council, AS University Council or AS Judicial Affairs Council member, with the exception of AS Employees, by reviewing the case and making a recommendation to the AS Board of Directors for approval. (Revised 5/17/95)
  6. ASJAC shall create and maintain a "Director Agreement Concerning Confidentiality, Access to Proprietary Information, Liability of Directors, Eligibility to Serve and Required Duties & Responsibilities and Conflict of Interest," which must be signed by each newly elected or appointed voting member of AS Board of Directors prior to the member participating in any AS Board of Directors. (Revised 4/26/00)
  7. The Executive Director or designee shall ensure that each newly elected or appointed voting member of AS Board of Directors has signed the Director’s Agreement referred to in Subsection (f), above. (Revised 4/26/00)
  8. ASJAC shall have the responsibility to receive and hear any complaint that a AS Board of Directors member has violated or breached any provision of the Director’s Agreement referred to in Subsection (f), above, as well as any complaint of violations by any voting member with respect to the Bylaws, the AS Government Codes, including but not limited to the Code of Ethics as provided for in Section 3 of Article VII of the Code of Ethics. (4/26/00)

(Created 2/13/13, Revised 12/2/13, 9/8/14)

Section 1 – Executive Committee
Section 2 – Financial Affairs Committee
Section 3 – Marketing and Communications Committee
Section 4 – Audit Committee
Section 5 – Facilities Committee

Section 1 – Financial Affairs Committee (Created 2/13/13)

1.01 – Purpose

The purpose of the Financial Affairs Committee shall be to advise the ASBOD on how to preserve and protect the financial stability of the AS; to promote the betterment of its financial position; to assure its fiscal integrity; and to oversee, manage and distribute the financial resources placed in its charge on behalf of the students of San Diego State University (SDSU) in a fair and open manner, while deriving for them the maximum benefit from these resources.

1.02 – Jurisdiction

The Committee shall have the authority to recommend budgets and budget allocations to the ASBOD for their final approval. The Committee shall also supervise the revenue, expenditures, collected fees and other monies of AS. The Committee shall have the power to determine and supervise financial policy, enforcing such policies for budget hearings and financial proposals from the various divisions of AS and from the various councils, commissions, boards and committees, as well as for SDSU student organizations receiving funding from the AS. All revenue collected from any AS funded activity shall be subject to the Committee’s approval and supervision. Preserving and maximizing the value to students of the AS shall be the prime concern and consideration of the Committee. Upon all matters, the Committee shall consider itself to be advisory to the ASBOD.

1.03 – Membership
  1. Membership is only available to regularly enrolled SDSU students. Each member has the responsibility to actively contribute. The member must show respect to all of his/her peers, student leaders, faculty, and staff. Each member must play a positive role in achieving the mission and goals set by the Committee.
  2. The Financial Affairs Committee shall have the following voting members to serve a term of one (1) academic year beginning in the fall semester:
    1. The AS President or designee
    2. The AS Executive Vice President or designee
    3. The AS Vice President of External Relations or designee
    4. The AS Vice President of Financial Affairs
    5. The AS Vice President of University Affairs or designee
  3. The Financial Affairs Committee shall have the following voting members to serve a term of one (1) academic year beginning in the Fall semester:
    1. One ASBOD student-at-large who is also a member of the AS Campus Life Council, or designee 
    2. One representative who is also a member of the AS Campus Life Council, or designee
    3. One ASBOD student-at-large who is also a member of the AS University Council, or designee
    4. One representative who is also a member of the AS University Council, or designee
    5. One representative from the Aztec Student Union Board
    6. Three to five students-at-large appointed by the VP of Financial Affairs
  4. The Financial Affairs Committee shall have the following nonvoting members:
    1. The AS Finance Director or designee
    2. The Vice President of Business & Financial Affairs or designee.
    3. The Vice President of Student Affairs or designee
    4. The Financial Affairs Committee Secretary shall be a member of the Committee recommended by the AS Vice President of Financial Affairs and approved by the Committee.
  5. Because of the nature of Financial Affairs Committee, all applicants will be subject to a screening process established by the Vice President of Financial Affairs.
  6. As referenced in Section 28 of the AS Bylaws, no member of the Financial Affairs Committee shall be an employee of the Associated Students with the sole exception of the President, Executive Vice President, Vice President of External Relations, Vice President of Financial Affairs, and Vice President of University Affairs.
1.04 – Committee Leadership
  1. The leadership shall have both the authority and responsibility to perform the duties of leadership as prescribed by this Code, the parliamentary authority adopted by the ASBOD Financial Affairs Committee, and the AS Bylaws.
  2. The leadership of the ASBOD Financial Affairs Committee shall be a Chair and a Vice Chair.
  3. The Chair shall be the AS Vice President of Financial Affairs
  4. The duties of the Chair shall be:
    1. Preside as Chair at all regular and special meetings of the ASBOD Financial Affairs Committee
    2. Serve as the official liaison of the ASBOD Financial Affairs Committee to the ASBOD, the AS Campus Life Council and the AS University Council.
  5. The Committee shall elect a Vice-Chair at the beginning of each semester from among the voting members. The duties of the Vice-Chair shall be:
    1. Act as Chair in the absence of the Chair.
    2. Facilitate special projects at the direction of the Committee or Vice President of Financial Affairs and perform various duties as assigned by the Chair.
  6. In the event of the absence of the ASBOD Financial Affairs Committee Chair and Vice-Chair, the AS President or designee shall serve as Committee Chair.
1.05 – Meetings
  1. A quorum shall consist of fifty percent (50%) plus one of the filled appointed voting seats.
  2. The Committee shall meet on a weekly basis during the fall and spring semesters.
  3. Each member, designee, or AS Representative is required to attend the Fall Orientation unless excused by the Board Chair.
  4. Any member, designee, or AS Representative, who misses two consecutive unexcused meetings out of any 10 meetings or three total absences during the semester, with or without being excused, shall be dropped from the Committee. This vacancy shall be filled by procedures established by the Student Leadership Appointment Code. Excused absences will be approved by the Committee Chair or by a two-thirds (2/3) vote of the Committee.
  5. Announcement of meetings shall conform to Open Meeting Law and policies and procedures of the Associated Students.
1.06 – Procedures
  1. The Secretary of the Committee shall make available a copy of all Committee minutes to the AS Government Affairs Office as stipulated in Section 74 of the AS Bylaws.
  2. Each academic year, the Committee will review and revise, if necessary, all forms pertaining to the transfer, spending, etc. of AS funds under the jurisdiction of the Financial Affairs Committee and the AS Board of Directors.
  3. Each spring of each academic year, requests for AS funds shall be submitted by each budget adviser, College Council representative and Student Organization through the appropriate channels no later than the date fixed by the Committee and announced four weeks prior to this deadline.
  4. Each spring, the Committee shall, in coordination with the AS Business Office, hear budget presentations for the next fiscal year, to review, make recommendations and approve each budget, before they are submitted to the ASBOD for their final approval. Prior to the ASBOD receiving the approved Committee budget for "action", they will receive each AS division’s budget as "information" from the Committee minutes as each budget is presented to the Committee.
  5. Any change in anticipated revenues or expenditures in budgets previously approved by the AS Board of Directors will require re-budgeting. Re-budgets shall be presented once in the fall and once in the spring and must be approved by both the Financial Affairs Committee and the ASBOD.
  6. The Committee shall supervise and ensure that all financial policies and procedures established by this Committee and the ASBOD are followed. In addition, the Committee shall be authorized to conduct audits of all records of any AS funded activity. Treasurers of the various councils, commissions, boards or committees will need to meet with the Committee from time to time during regularly scheduled Committee meetings to keep the Committee current on their activities and funding allocations.
  7. The Committee shall review all financial policies to assure the continued success of the Corporation. The AS Executive Director shall submit financial reports upon request of an AS Executive Officer.

Section 2 – Marketing and Communications Committee

2.01 – Purpose

The Marketing and Communications Committee (MarComm) shall work closely with the A.S. Vice President of External Relations to brand, market and promote all A.S. services, events, news and activities and communicate the same to the student body and SDSU community., to MarComm will ensure consistent messaging and marketing techniques and to provide students with accurate and relevant information in a timely manner. MarComm shall also keep and maintain a formal event-marketing request procedure to ensure efficient and timely action to execute the foregoing purpose.

2.02 – Membership

The MarComm shall have the following voting members:

  1. Committee Coordinator:
    1. Shall serve as the Committee Chair.
    2. Shall be appointed on merit in procedures outlined for the appointment of special officers.
    3. Shall represent the Committee at such times as when the Committee is not meeting. This shall include the interpretation of policy and procedure, until such times as the Committee can meet to take appropriate action.
    4. Shall prepare and facilitate weekly Committee meetings in addition to reviewing and sending the formal minutes to the A.S. Council Secretary in the A.S. office.
    5. Shall be responsible for selecting members to be a part of the Committee and appointing leadership roles as necessary.
    6. Shall create MarComm subcommittees based on A.S. needs and projects in collaboration with the A.S. Vice President of External Relations and MarComm advisor.
    7. Shall report directly to and have regular meetings with the A.S. Vice President of External Relations and have regular meetings with the same as well as with the A.S. Marketing & Communications Manager, who shall serve as advisor to the Committee.
    8. Shall have a seat on the SDSU Integrated Marketing Committee and the A.S. Marketing Roundtable.
    9. Shall make regular reports to the A.S. Board of Directors and the three councils.
  2. The A.S. President or designee
  3. The A.S. Executive Vice President or designee
  4. The A.S. Vice President of External Relations or designee
  5. The A.S. Vice President of Financial Affairs
  6. The A.S. Vice President of University Affairs or designee
  7. The Sub-Committee Vice-Chairs of selected projects.
  8. Students-at-large who wish to serve on the Marcomm and assist in carrying out its duties
  9. A member of the A.S. Board of Directors.
    The MarComm shall have the following non-voting members:
    1. The A.S. Marketing & Communications Manager, and any other university faculty or advisors deemed necessary shall serve as adviser to the Committee. 
    2. Any other university faculty or staff deemed necessary to serve as additional advisors and resources to the Committee.
2.03 – Meetings
  1. The MarCcomm committee shall meet weekly, unless no agenda items are present, and meetings are subject to the requirements of California Education Code Section 89920 et seq.
  2. Special meetings may be called, as deemed necessary by the MarComm Coordinator and special subcommittee meetings may be called, as deemed necessary by a vice chair as they are appropriate to the A.S. needs.
  3. A quorum shall consist of 50% plus one of the filled appointed voting seats.
2.04 – Attendance
  1. Members cannot be absent for more than two unexcused consecutive meetings per semester. Violation of this rule will result in the member being placed on a probationary period, during which a meeting will be called to discuss the membership of the member in question. The MarComm Coordinator has the final say in terms of retaining or dismissing Committee members.
  2. Members cannot be absent for more than four unexcused meetings for the year. Violation of this rule will result in the member being placed on a probationary period, during which a meeting will be called between the member, the Coordinator, and the Advisor to discuss the membership of the member in question. The Coordinator has the final say in terms of retaining or dismissing Committee members.
  3. Members who choose to study abroad or take a leave of absence for a period of time must communicate directly with the MarComm Coordinator to discuss their membership status.
  4. Members must volunteer three (3) hours of tabling or attend an event to support another A.S. Committee/Board/Commission, per semester, outside of regular MarComm duties.
2.05 – Responsibilities of Vice-Chairs and Event Teams
  1. The Vice Chairs shall be responsible for overseeing and executing special projects selected and/or given each semester by the Committee Coordinator, Advisor(s), or A.S. Vice President of External Relations.
  2. The Vice Chairs will be chosen by a MarComm Committee nomination, approved by the MarComm Coordinator at the beginning of each year.
  3. The Vice Chairs will facilitate Subcommittee meetings with their members during the breakout portion of the MarComm meetings, and will meet outside of regular meetings as needed to accomplish the project(s).
  4. The Vice Chairs will represent MarComm as non-voting members on any necessary A.S. or University-wide committees.
  5. The Vice Chairs will be responsible for managing and holding their respective Subcommittee members accountable, and will keep the MarComm Coordinator informed of any Subcommittee member concerns, updates, attendance, etc.
  6. Members of Subcommittees will serve as liaisons with any necessary A.S. Board/Commission, University Committees, and departments.
  7. Members of Subcommittees will collaborate with A.S. staff and volunteers to provide marketing and publicity support as needed to fulfill the project(s).

Section 3 – Audit Committee

3.01 – Overall Purpose/Objectives
  1. The Audit Committee is appointed by the ASBOD to assist the Board in discharging its oversight responsibilities. The Audit Committee will oversee the financial reporting process to ensure the balance, transparency and integrity of published financial information. The Audit Committee will also review:
    1. The effectiveness of the organization’s internal financial control and risk management system.
    2. The independent audit process, including recommending the appointment and assessing the performance of the external auditor.
    3. The organization’s process for monitoring compliance with laws and regulations affecting financial reporting and its code of conduct.
  2. The Committee shall maintain free and open communication and effective working relationships among the Committee members, independent external auditors and AS management. To perform his or her role effectively, each committee member will need to develop and maintain his or her skills and knowledge, including an understanding of the committee’s responsibilities and of AS activities, operations and risks.
  3. The Committee will take all appropriate actions to set the overall tone for AS quality financial reporting, sound risk practices and ethical behavior.
3.02 – Authority

The ASBOD authorizes the Audit Committee, within the scope of its responsibilities, to:

  1. Perform activities within the scope of this code.
  2. Consult independent counsel and other advisers, as it deems necessary to carry out its duties and the AS will fund such costs.
  3. Have unrestricted access to members of management, faculty and employees as well as to all AS books, records and facilities.
  4. Establish procedures for the receipt, retention and treatment of complaints received regarding accounting internal accounting controls or auditing matters.
  5. Be directly responsible for the appointment, compensation, retention and oversight of the external auditor to be ratified by the ASBOD.
  6. Review and approve the policies for the provision of non-audit services by the external auditors.
3.03 – Organization
  1. Membership
    1. The ASBOD appoints Audit Committee members and the Committee chair from Committee members.
    2. The Audit Committee will comprise at least three members and all members shall be independent. Members will be considered independent as long as they do not accept any consulting, advisory, or other compensatory fee from the AS and are not AS affiliated persons or management.
    3. Each member should have skills and appropriate accounting experience.
    4. A majority of committee members shall be "financially literate." Financial literacy is defined as being able to read and understand fundamental financial statements.
    5. One member of the Committee shall be a "financial expert" as it is defined by SEC under Section 407 of the Sarbanes-Oxley Act of 2002:

      A financial expert is a person who has an understanding of generally accepted accounting principles and financial statements; the ability to assess the application of these principles in connection with accounting for estimates, accruals and reserves; an understanding of Audit Committee functions; experience preparing, auditing, analyzing or evaluating financial statements, or experience actively supervising persons engaged in such activities; and an understanding of internal controls and procedures for financial reporting.
      The person must have acquired these attributes through one or more of the following: education or experience actually doing these functions or similar ones; actively supervising someone who is performing these functions or similar ones; experience overseeing or assessing the performance of companies or public accountants who are preparing, auditing or evaluating financial statements; or other relevant experience.
  2. Meetings
    1. A quorum shall consist of fifty percent (50%) plus one of the filled appointed voting seats.
    2. As part of its responsibility to foster open communication, the Committee shall provide sufficient opportunity for the independent external auditors to meet privately with the Committee. The Audit Committee will meet with the independent external auditors at least once annually without management present. The independent external auditors shall be invited to make presentations to the Audit Committee as appropriate.
    3. Meetings shall be held not less than two times a year and should correspond with the AS financial reporting cycle.
    4. Special meetings may be convened as required.
    5. The Chair of the Audit Committee shall develop, in consultation with management, the meeting agendas.
    6. The Audit Committee shall maintain written minutes of its meetings.
    7. The Audit Committee may invite others to its meetings, as it deems appropriate.
    8. Meetings of the Audit Committee are subject to the requirements of California Education Code Section 89920 et seq.
3.04 – Role and Responsibilities

The role and responsibilities of the Audit Committee shall be as follows:

  1. Internal Controls
    1. Evaluate whether management is setting the appropriate "control culture" by communicating the importance of internal controls.
    2. Understand the internal control systems implemented by management for the approval of transactions and the recording and processing of financial data.
    3. Understand the controls and processes implemented by management to ensure that the financial statements derive from the underlying financial systems, comply with relevant standards and requirements, and are subject to appropriate management review.
    4. Evaluate the overall effectiveness of the internal control framework and consider whether management has implemented recommendations made by the external auditors.
    5. Consider how management is held to account for the security of computer systems and applications, and the contingency plans for processing information in the event of a systems breakdown or to protect against computer fraud or misuse.
  2. Risk Management
    1. Evaluate the overall effectiveness of the risk management framework.
    2. Evaluate whether management is setting the appropriate tone at the top by communicating the importance of the management of risk.
    3. Inquire of management and the external auditors about significant risks or exposures to the organization and how these are being managed.
  3. Financial Reporting and Disclosures
    1. Review significant accounting and financial reporting issues, including recent professional and regulatory pronouncements, and understand their impact on financial reports.
    2. Oversee the financial reporting process implemented by management.
    3. Review management’s process for ensuring the transparency of the financial statements and the completeness and clarity of the disclosures.
    4. Meet with management and the external auditors to review the financial statements, the key accounting policies, the reasonableness of significant judgments, and the results of the audit.
    5. Discuss with the independent external auditors the alternative treatments of financial information within generally accepted accounting principles as well as the ramifications of the use of such alternative treatments.
    6. Confirm with management and the independent external auditor that the annual financial statements disclose all material off-balance sheet transactions, arrangements, obligations, and other AS relationships with unconsolidated entities or with people that may have a material effect on financial condition, changes in financial condition, results of operations, liquidity, capital expenditures, capital resources, or significant components of revenues or expenses.
    7. Ensure that significant adjustments, unadjusted differences, disagreements with management and critical accounting policies and practice are discussed with the external auditor. Resolve disagreements between management and the external auditor.
  4. Compliance with Laws and Regulations
    1. Review the effectiveness of the system for monitoring compliance with laws and regulations including those of the California State University and the results of management’s investigation and follow-up of any fraudulent acts or non-compliance.
    2. Obtain reports concerning financial fraud resulting in losses involving a member of senior management.
    3. Obtain regular updates from management regarding compliance matters that may have a material impact on the AS financial statements or its compliance policies.
    4. Be satisfied that all regulatory compliance matters have been considered in the preparation of the financial statements.
    5. Review the findings of any examinations by regulatory agencies.
  5. Independent External Audit
    1. Have the independent external auditors report directly to the Audit Committee.
    2. Review the professional qualifications of the independent external auditor.
    3. Consider the independence of the auditor as well as potential conflicts of interest. Also assess the independence of the independent external auditor under Government Auditing Standards.
    4. Review on an annual basis the performance of the external auditors and make recommendations to the board for their appointment, reappointment or termination.
    5. Be responsible for approving the compensation for the external auditor.
    6. Review the proposed audit scope and approach for the current year in light of the present AS circumstances and changes in the regulatory environment.
    7. At the end of the audit review the required communications from the external independent auditors; discuss with the external auditor the quality and appropriateness of AS accounting policies as well as the consistency of their application and degree of aggressiveness or conservatism in applying them; discuss with the external auditor any audit problems encountered in the normal course of audit work, including any restriction on audit scope or access to information.
    8. Ensure that significant audit findings and recommendations made by the external auditors and management’s proposed response are received, discussed and appropriately acted on.
    9. Meet separately with the external auditors to discuss any matters that the committee or auditors believe should be discussed privately.
  6. Complaints and Ethics
    1. Ensure procedures for the receipt, retention and treatment of complaints about financial improprieties.
    2. Require appropriate disclosure of related party transactions, including an annual accounting.
  7. Reporting Responsibilities
    1. Regularly update the ASBOD about Audit Committee activities and make appropriate recommendations.
    2. Ensure the ASBOD is aware of matters that may significantly impact the financial condition or affairs of the business.

Section 4 – Facilities Committee

4.01 – Purpose

The purpose of the Facilities Committee shall be to advise the ASBOD on the operation, maintenance and major repair and/or replacement for those operations and facilities leased to the AS by the University including Aztec Student Union, Scripps Cottage, Viejas Arena at Aztec Bowl, Aztec Recreation Center, Aztec Aquaplex, Open Air Theatre, SDSU Children’s Center and Parma Payne Goodall Alumni Center.

4.02 – Membership
  1. The Committee shall consist of the following voting members: 
    1. Two members from within ASCLC, ASUC, and/or ASBOD to be appointed by the AS Executive Vice President and approved by ASJAC to serve for a period of one year.
    2. Up to ten (10) student-at-large members to be appointed in the fall semester by procedures established by the Student Leadership Appointment Code to serve for a period of one year.
    3. One (1) Representative from Aztec Student Union Board Operations Committee.
    4. One (1) Representative from Recreation & Wellness Commission.
    5. One (1) Representative from Children’s Center Board.
    6. One (1) Representative from Financial Affairs Committee.
  2. The Committee shall have the following designated voting members:
    1. The AS President or a designee.
    2. The AS Executive Vice President.
    3. The AS Vice President of External Relations or a designee.
    4. The AS Vice President of Financial Affairs or a designee.
    5. The AS Vice President of University Affairs or a designee.
  3. The Board shall have the following non-voting members:
    1. AS Executive Director or a designee.
    2. SDSU Vice President of Student Affairs or a designee.
    3. SDSU Vice President of Business & Financial Affairs or a designee.
  4. All positions with designee options shall submit an ordered list of designees to the Committee. Unless a list is submitted no designee shall be seated.
4.03 – Meetings
  1. Chair - The AS Executive Vice President shall serve as Committee Chair.
  2. The Vice Chair shall be elected by the Committee at the beginning of the fall semester. In the event of the absence of the AS Executive Vice President, the Committee Vice Chair shall serve as Chair.
  3. A quorum shall consist of 50% plus one of the filled voting seats.
  4. Any appointed member of the Committee, who misses two of any ten consecutive meetings, without being excused, shall be dropped from the Committee. This vacancy shall be filled by procedures established by the Student Leadership Appointment Code. Absences may be excused by the Committee Chair, subject to the review of the ASBOD.
  5. A copy of all Committee minutes approved by the Committee shall be forwarded in a timely manner to the ASBOD for review and approval.
  6. The Committee shall hold regular meetings as often as necessary and shall announce the times and places of those meetings at the beginning of each semester, and are subject to the requirements of California Education Code Section 89920 et seq.

Section 5 – Ad-hoc Committees

At the discretion of the BOD, it may put together ad-hoc committees to research, review and present on timely matters, to include but not limited to the annual evaluation of the Executive Director. Membership of each ad-hoc committee may be determined by the BOD.

(Revised 01/30/13)

Section 1 – Background

1.01

The students of San Diego State University, as members of the Associated Students (AS), are entitled to have complete confidence in the integrity of the student government. Each A elected official, officer, appointee, full-time manager and employee with budgetary responsibility must help to earn that confidence by his/her own integrity and conduct. (Revised 4/12/06)

Section 2 – Purpose

2.01

The purpose of this Code is to adopt a Code of Ethics setting standards of conduct for all AS elected officials, officers, appointees and employees. This policy is not intended to supersede, negate or otherwise invalidate any applicable section of Title 5 of the California Code of Regulations, other State law, campus or Trustee policy or established AS policy.

Section 3 – Policy (Revised 4/12/06)

3.01

It is the policy of the AS that the following Code of Ethics be adopted for all AS elected officials, officers, appointees, full-time managers and employees with budgetary responsibility.

  1. No elected official, officer, appointee, full-time manager and/or employee with budgetary responsibility of the AS shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of higher official duties or that would tend to impair his/her independence or judgment or action in the performance of such duties.
  2. No elected official, officer, appointee, full-time manager and employee with budgetary responsibility shall engage in any enterprise nor activity, which shall result in any of the following:
    1. Using the prestige or influence of AS office or employment for private gain or advantage of himself/herself or another.
    2. Using AS time, facilities, equipment or supplies for the private gain or advantage of himself/herself or another.
    3. Using official information not available to the general public for his/her private gain or advantage or that of another.
    4. Receiving or accepting money or other consideration from anyone other than the AS for the performance of acts done in the regular course of employment or duties.
    5. Receiving or accepting, directly or indirectly, any gift or favor from anyone doing business with the AS under circumstances from which it could be reasonably inferred that such was intended to influence him/her in his/her official employment or duties, or as a reward for official action.
    6. Engaging in or accepting private employment or rendering services for private interests when such is incompatible with the proper discharge of his/her official employment or duties.
    7. Directly or indirectly engaging in any activity or entity which competes with the existing, planned or potential business activities of Associated Students. 
    8. Owning any ownership interest either directly or indirectly in an entity which supplies goods or services to the Associated Students; provided, however, that stock ownership in a publicly traded corporation shall be permitted if the ownership does not exceed five percent of the outstanding stock of the corporation.
  3. Every official, officer, appointee, full-time manager and employee with budgetary responsibility of the AS shall disclose completely the nature and extent of any interest, direct or indirect, which conflicts with his/her responsibility or duty.
  4. Some of the business information of the AS may be public but the timing and breadth of the dissemination of that information to the public, if it occurs at all, most often lags awareness by the AS Board of Directors and/or its management. Therefore, because the AS Board of Directors or management member could obtain a benefit not available to the general public, a transaction involving that information would be considered a conflict of interest.

Section 1 – Purpose 
Section 2 – Repair & Equipment Replacement Reserves
Section 3 – Program Working Capital Reserves
Section 4 – General Working Capital Reserves
Section 5 – Future Facility Reserves
Section 6 – University Held Reserves

 

Section 1 – Purpose

1.01

The following Reserve Policy provides criteria for the management, Committees and Boards of the Associated Students (AS) and the staff of the University to measure the adequacy of the AS Corporate Reserves, lease arrangements, mandatory fee rates and to provide guidance for allocations from Corporate Reserves for repair, replacement, facility modification and other projects.

1.02

The ASs shall maintain local reserves in four categories: Repair & Equipment Replacement; Program Working Capital; General Working Capital and Future Facility. Further, two additional reserves are held by the University: The Major Repair and Replacement Reserve and the Facility Reserve.

Section 2 – Repair & Equipment Replacement Reserves

2.01

Equipment Replacement Reserves shall be maintained in each managed program division for each program area to provide a method to spread costs for replacements and major repairs evenly across budget years and reserve for anticipated future equipment replacement needs. Reserves shall be funded annually through an allocation from the operating budget based on average annual costs for projected repair and replacement needs. All equipment replacement and major repairs (in excess of $2,500, but less than $50,000) shall be funded from the appropriate equipment replacement reserve by an offsetting "reserve allocation." As part of the annual budget process, the Five-Year Repair and Replacement Schedule shall be updated.

Section 3 – Program Working Capital Reserves

3.01

Each AS Division and major program shall maintain a Program reserve. These reserves shall be used for unexpected operating expense overages, to offset unexpected shortfalls in anticipated income, and for purchases of any other equipment not previously scheduled under the Equipment Replacement Reserve schedule, as needed. These reserves shall be funded from net budget savings, if any, from the corresponding division or major program area.

3.02

Minimum reserve balances shall be five percent (5%) of the current year’s operating budget. Only emergency allocations shall be made from Program reserves with balances below the minimum. Programs with reserves below minimum shall submit to the Financial Affairs Committee a plan to return Reserve to minimum. Maximum reserve balance shall be ten percent (10%) of the current year’s operating budget. Funds in excess of the maximum individual program reserve shall be transferred to the AS General Reserve or Future Facility Reserve.

Section 4 – General Working Capital Reserves

4.01

The AS shall maintain a General Working Capital Reserve in its General Activities and General Facilities Account. These reserves shall be used to provide working capital, produce interest income for operating expenses, and serve as the "Program Reserve" for the "Non-Program" budgets of the Corporation including the Business Office, Executive Director’s Office, Government Office, Operations, and Program Support. These reserves may also be used for emergency operating expenses if a division does not have enough Program Working Capital Reserve of their own.

4.02

Allocations from General Reserves must be approved by a quorum of the Financial Affairs Committee and the AS Board of Directors. A quorum shall consist of fifty percent (50%) plus one of the filled appointed voting seats.

Section 5 – Future Facility Reserves

5.01

The AS shall maintain a Future Facility Reserve to be used to fund AS facility expansion and/or major facility modifications (in excess of $25,000). This reserve should be used to create enhancements to the campus that are a benefit to the students. This reserve is a possible source for unbudgeted capital expenses such as ADA facility modifications, needed facility repairs related to health and safety considerations, facility modifications that provide opportunities for revenue enhancements and/or service improvements. The reserve may also be a source of ’seed’ money for new or expanded facility feasibility studies, student fee referenda costs, etc. once approved by the AS Board of Directors.

5.02

As a historical reference, original funding in 1987 for this reserve was provided by several facility related funds held by the AS. It was later decided to take the individual facility related funds and create one reserve for all facility related projects that would benefit students.

Section 6 – University Held Reserves

6.01 – Major Maintenance, Repair and Replacement Reserve

The Reserve for Major Maintenance, Repair and Replacement shall be maintained by the University to provide a funding source for catastrophic and long term repairs and deferred maintenance of facilities, which if entirely funded from an annual operating budget, would result in a significant deficit. The AS will strive to have a reserve minimum of fifteen percent (15%) of its annual operating budget in this reserve.

6.02 – Associated Students Facility Reserve

The excess of revenues placed in the Facility Reserve, after required transfers to the Auxiliary Debt Service Bond Payment account and the Major Maintenance Repair and Replacement account, are made available during the ensuing fiscal year for the support of AS bond funded facilities and operations.