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Associated Students


A.S. Government Resources

Student Bill of Rights and Bylaws
of the Associated Students, San Diego State University


ARTICLE I

The Associated Students, San Diego State University (AS-SDSU or AS) is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under Section 5110 et seq. of the California Corporations Code exclusively for charitable and educational purposes within the meaning of Section 501(c)(3) of the U.S. Internal Revenue Code of 1986 as amended, and is operated solely for the benefit of San Diego State University. This corporation has been established under the California Education Code as a student body organization (Section 89300 et seq.), and as an auxiliary organization (Section 89900 et seq.). These Bylaws shall further define and support the Articles of Incorporation, be as binding as said Articles, and if found to be in conflict therewith, to be subordinate thereto.

We, the students of San Diego State University, in order to establish more representative governance structure, to promote student intellectual, cultural, physical and social welfare, to maintain consistent and constructive procedures in all matters relating to student affairs, to provide an avenue for assisting students to achieve fuller participation in the life of the University community and to extend the influence and good name of our University everywhere, do hereby ordain and establish the Student Bill of Rights and these Bylaws.

SECTION 1

Organizational Rights
  1. The right to assemble
  2. The right to self-govern
  3. The right to shared governance in decision making
  4. The right to dissent
  5. The right to protest without recourse

SECTION 2

Individual Rights
  1. The right to petition the University and Associated Students for a redress of grievances
  2. The right to reasonable wages
  3. The right to privacy
  4. The right to full equity 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
  5. The right to be free from harassment
  6. The right to freedom of speech
  7. The right to recreational, cultural and sports activities
  8. The right to due process
  9. The right to quality affordable housing and food

SECTION 3

Academic Rights
  1. The right to evaluate courses and faculty according to procedures set forth by the University
  2. The right to the academic, social and financial support of the University
  3. The right to accurate and timely academic advising
  4. The right to competent and student oriented faculty and staff
  5. The right to an open learning environment
  6. The right to a safe and clean campus environment
  7. The right to programs and services designed to enhance the University experience
  8. The right to accessible classrooms, buildings and pathways
  9. The right to entrance into any program or field upon meeting the requirements set forth by the department and/or University
  10. The right to sufficient course sections to meet student demand
  11. The right to appropriate use of University facilities
  12. The right to intellectual property rights

SECTION 4

Publications

The freedom of the press shall not be abridged.

SECTION 5

The name of this organization is the Associated Students, San Diego State University.

SECTION 6

The official colors of the organization are Scarlet and Black.

SECTION 7

Regular Members of the organization shall be those persons enrolled at San Diego State University (University or SDSU) and paying the regular Student Body Organization fee.

SECTION 8

Life Members of the organization shall be those persons accorded a Life Pass by the Associated Students Board of Directors (ASBOD).

SECTION 9

Regular members of the organization are entitled to reduced rates at all events held under the auspices of the organization and on all publications issued by that body. Such special rates shall be determined by the Financial Affairs Committee as approved by the ASBOD.

SECTION 10

Each Regular Member of the organization shall be entitled to one (1) vote at any election or referendum held by the organization.

SECTION 11

Life Members of the organization are entitled to those privileges extended in Membership, Section 9, to Regular Members of the organization.

SECTION 12

In addition to regular membership in the organization and requirements specified in these Bylaws, a student must meet the following academic requirements in order to be eligible for elected, designated or appointed to a position on the ASBOD, AS Campus Life Council (ASCLC), AS University Council (ASUC) or AS Judicial Affairs Council (ASJAC).

  1. Any student elected, designated or appointed to a position on the A.S. Board of Directors or the ASCLC, ASUC or ASJAC must be a matriculated student at the University eligible in accordance with California State University qualification requirements for major student office holders, and not on probation of any kind.
  2. Undergraduate candidates for office must have been enrolled on the SDSU campus for one semester prior to the election or appointment, earning a total of at least six (6) semester units during that semester. New graduate students who received a bachelor’s degree or credential within the past three years from SDSU, must have earned a total of at least twelve (12) semester units during their last year as an undergraduate to be eligible. Both undergraduate and graduate candidates and applicants must have a minimum 2.5 GPA the semester prior to running or applying and cumulatively.
  3. Any student elected, designated or appointed to a position on the ASBOD, ASCLC, ASUC or ASJAC must successfully complete a minimum of six (6) units per semester and earn a minimum GPA of 2.5 for each semester they serve and have a cumulative 2.5 GPA
  4. Coursework completed through the College of Extended Studies, including summer and winter session, or at other institutions, may not be used to satisfy the semesterly unit load and grade point requirements.
  5. University Coursework for which a grade of "Incomplete," "No Credit," "F," or "U," are recorded or classes numbered 1-99 shall not count toward the minimum semesterly unit load.
  6. Any students elected, designated or appointed to a position on the AS Board of Directors, ASCLC, ASUC or ASJAC must have his/her eligibility verified before officially taking office. Student(s) appointed to a seat after the beginning of the fall or spring semester shall attend one (1) orientation conducted by the Executive Vice-President or a full-time AS Government Affairs Office staff member. All matters involving verification of a candidate’s or an incumbent’s academic eligibility to serve shall be submitted to the University President’s designee for final determination.

SECTION 13

Prior to participating in the affairs of the ASBOD, ASCLC, ASUC or ASJAC, all student members of ASBOD are required to sign a copy of the "Director Agreement and Policy Concerning Confidentiality, Access to Proprietary Information, Liability of Directors, Eligibility to Serve and Required Duties and Responsibilities, and Conflict of Interest." The Office of the AS Executive Director shall maintain on file a current copy of each student member’s signed Agreement.

SECTION 14

Declaration of Major

Candidates and incumbents for college-specific seats must have a declared major appropriate to that college or the category of undeclared/unclassified majors as defined by the University. In the event that an ASUC representative of the undeclared/unclassified majors declares a major, the representative will continue to serve until the next general election. When a representative with a declared major changes their major to a different college, the seat will be vacated and filled in accordance with the provisions of these Bylaws.

SECTION 15

Ineligibility to Serve

In the event that the ASJAC, with the concurrence of the ASBOD, determines that a member of the ASBOD, ASCLC, ASUC or ASJAC is in violation of these Bylaws which results in the member’s resignation or removal from the position they hold on the ASBOD, ASCLC, ASUC or ASJAC, that member shall be ineligible for appointment, designation or election to serve on the ASBOD, ASCLC, ASUC or ASJAC for the remainder of the term for the position being vacated.

SECTION 16

The organization shall have the right to function as a student body organization, pursuant to the California Education Code, Section 89300, 89301, 89302, and 89900 et seq., and subject to applicable requirements of the California Corporations Code, Section 5110 et seq., regulations of the Board of Trustees of the California State University (Title 5), and University policies.

SECTION 17

The authority over the affairs and management of the organization shall be vested in the ASBOD and the Executive Officers pursuant to these Bylaws.

SECTION 18

Neither the ASBOD nor any body or organization under its jurisdiction shall adopt any policy which abridges the freedom of speech, assembly, press, religion or basic rights of an individual, nor shall any of the bodies or organizations discriminate in membership on the basis of race, religion, color, sex, age, disability, marital status, sexual orientation, gender identity and expression, national origin, pregnancy, medical condition, and covered veteran status, nor shall any of such bodies or organizations violate the policies set forth by the University’s Campus Statement on Nondiscrimination and Prohibition of Sexual Harassment, and Compliance with the Americans With Disabilities Act (ADA).

SECTION 19

The Executive Officers of the organization shall be President, Executive Vice President, Vice President of University Affairs, Vice President of Financial Affairs and Vice President of External Relations.

SECTION 20

AS President – Chief Executive Officer
  1. The President shall preside over the meetings of the ASBOD.
  2. The President or his/her designated representative shall serve as a designated member of all AS sub-boards, commissions, councils, organizations and committees, while attending meetings consistently, unless otherwise stipulated by these Bylaws. If regular attendance is not met a new designee shall be appointed or the seat shall be vacated for the semester.
  3. The President shall represent and act on behalf of the organization at any applicable event, meeting, etc., unless otherwise stipulated by these Bylaws.
  4. The President shall be empowered to make all decisions concerning the efficient day‑to-day operations of the organization.
  5. The President shall chair the ASBOD and its Executive Committee.
  6. The President shall be responsible for the implementation of any policies and actions of the AS Board of Directors that are not subsumed under the jurisdiction of the councils, commissions, boards, committees, or officers as specified in these Bylaws.
  7. The President or his/her designated representative shall be the representative at San Diego County Collegiate Council.
  8. The President or a designee shall serve as one of the organization’s voting members of the University Senate.
  9. The President shall nominate students to fill vacant student seats on the Campus Fee Advisory Committee (CFAC) as well as the Aztec Shops Board of Directors, subject with the concurrence of the ASBOD.
    1. The President is responsible to nominate the names of six (6) regular student members and two (2) alternate student members to the Campus Fee Advisory Committee (CFAC). The student members of CFAC shall provide periodic reports to the ASBOD. More than three unexcused absences or failure to provide periodic reports to ASBOD shall result in the recommendation to the SDSU President for the removal of the student as an appointed student representative upon the recommendation of the Judicial Affairs Council and concurrence of ASBOD.
    2. Acknowledging the nature of a three-year election to the Aztec Shops Board of Directors, the AS President shall seek a nomination from the Residence Hall Association, only if a sitting member of the Aztec Shops Board of Directors was not initially nominated as a representative of the RHA. The AS President shall provide a verbal report to the ASBOD following each Aztec Shops Board meeting, recounting the Board’s actions and discussions.
  10. The President or a designee shall serve as the organization’s voting representative to the College Area Community Council (CACC).

SECTION 21

Executive Vice President – Chief Operating Officer
  1. The Executive Vice President shall perform the duties of the President in the President’s absence and, in case of the vacancy of that office, shall succeed to the office of the President for the duration of the current term of office. The Executive Vice President shall serve as a designated member of all boards, commissions, councils, organizations and committees of the organization while attending meetings consistently, unless otherwise stipulated by these Bylaws or in any of the charters of the various AS boards, councils, commissions or committees. If regular attendance is not met a new designee shall be appointed or the seat shall be vacated for the semester.
  2. The Executive Vice President shall preside over the meetings of the AS Campus Life Council and ensure the effective coordination, scheduling and implementation of sponsored programming within the jurisdiction of the ASCLC. The Executive Vice President shall be responsible for regularly informing the ASBOD of the ASCLC’s activities.
  3. The Executive Vice President shall be responsible for the efficient functioning of all AS boards and committees, which shall, in cooperation with the AS Chief Justice, include consideration and review of all AS board and committee appointments as recommended by the ASJAC Appointment & Review Committee.
  4. The Executive Vice President, under the direction of the President and the ASBOD, shall be responsible for coordinating the orientation of new Executive Officers and ASBOD members.
  5. The Executive Vice President shall coordinate an appropriate series of approved professional workshops that meet the spirit and intent of cultural competency training requirements made of all members of the ASBOD and its Councils.
  6. The Executive Vice President shall work closely with the SDSU Athletics Department to oversee the usage of student IRA fees within the Athletics Department for Aztec Pride programs and events. The Executive Vice President shall serve as the Chair of the Homecoming Steering Committee.
  7. The Executive Vice President shall act as a student liaison between the Division of Student Affairs and the organization.

SECTION 22

Vice President of External Relations – Chief Communications Officer
  1. The Vice President of External Relations shall perform the duties of the President in the President’s and Executive Vice President’s absence and in case of vacancy of both offices shall succeed to the office of the President for the duration of the current term of office. The Vice President of External Relations or designee shall serve as a designated member of all boards, commissions, councils, organizations and committees of the organization while attending meetings consistently unless otherwise stipulated by these Bylaws or in any the various AS council, commission, board or committee charters. If regular attendance is not met, the seat shall be vacated for the semester.
  2. The Vice President of External Relations shall preside over the meetings of the AS External Relations Board and shall be responsible for regularly informing the ASBOD of the Board’s activities.
  3. The Vice President of External Relations shall be responsible for informing ASBOD of any activities in the CSU system, Legislature of the State of California, statewide agencies and governments which affect organization members. The Vice President of University Relations shall serve as the official delegate and represent the organization with all activities regarding the California State Student Association.
  4. The Vice President of External Relations shall coordinate all research, evaluation, development and application of student advocacy issues approved by ASBOD as it pertains to the above-listed entities.
  5. The Vice President of External Relations shall serve as one of the organization’s voting members of the University Senate.

SECTION 23

Vice President of Financial Affairs – Chief Financial Officer
  1. The Vice President of Financial Affairs shall be third in succession to the Presidency, behind the Executive Vice President and Vice President of External Relations. In the case of a vacancy of all three offices, the Vice President of Financial Affairs shall succeed to the office of President for the duration of the current term of office.
  2. The Vice President of Financial Affairs shall preside over the meetings of the ASBOD Financial Affairs Committee and shall be responsible for regularly informing the ASBOD of the Committee’s activities. The Vice President of Financial Affairs shall serve as a designated member of all boards, commissions, councils, organizations and committees of the organization while attending meetings consistently, unless otherwise stipulated by these Bylaws or in any of the various AS council, board or committee charters. If regular attendance is not met, the seat shall be vacated for the semester.
  3. In conjunction with the Financial Affairs Committee, the Vice President of Financial Affairs shall oversee preparation of the annual AS Budget and shall present detailed reports of the financial condition of the organization to the ASBOD.
  4. The Vice President of Financial Affairs shall serve as the student Financial Administrator for the Association. The Vice President of Financial Affairs may, at any time, require full reports from any AS funded operation or activity (i.e., AS boards, AS publications, organizations, etc.). All AS business management staff shall be accessible to the Vice President of Financial Affairs.
  5. The Vice President of Financial Affairs shall recommend financial policy and guidelines for the Association in coordination with the AS President and AS Financial Affairs Committee to the ASBOD.
  6. The Vice President of Financial Affairs or designee will be responsible for reviewing and approving prior to disbursement the claim schedules (for disbursements of AS funds) for the organization.

SECTION 24

Vice President of University Affairs – Chief Academic Officer
  1. The Vice President of University Affairs shall be fourth in succession to the Presidency, behind the Executive Vice President, Vice President of External Relations, and Vice President of Financial Affairs. In the case of a vacancy of all four offices, the Vice President of University Affairs shall succeed to the office of President for the duration of the current term of office.
  2. The Vice President of University Affairs or designee shall serve as a designated member of all boards, commissions, councils, organizations and committees of the organization while attending meetings consistently unless otherwise stipulated by these Bylaws or in any of the various council, board and or committee charters. If regular attendance is not met, the seat shall be vacated for the semester.
  3. The Vice President of University Affairs shall, in cooperation with the AS Chief Justice and the Appointment & Review Committee, coordinate student representation on the University Senate, Senate Committees, Senate ad hoc committees, and any other academic policy-making bodies.
  4. The Vice President of University Affairs shall serve as the organization’s representative to the Senate Executive Committee, as well as one of the organization’s voting members of the University Senate.
  5. The Vice President of University Affairs shall, in cooperation with the AS Chief Justice, coordinate the appointment of student representatives to all university search committees.
  6. The Vice President of University Affairs shall preside over the meetings of the Associated Students University Council.
  7. The Vice President of University Affairs shall serve as the voting representative for Associated Students on the University Senate Committees on Academic Policy and Planning and the Undergraduate Council.
  8. The Vice President of University Affairs shall be responsible for keeping the AS University Council regularly informed on all issues related to University policy-making bodies, including, but not limited to, the University Senate and its standing committees.
  9. The Vice President of University Affairs shall coordinate all research, evaluation, development and application of student advocacy issues approved by the AS University Council as it pertains to the above-listed entities.

SECTION 25

Executive Officer Compensation

The organization compensates each of the five (5) Executive Officers, the total of which shall each not exceed the cost to attend the University for a single undergraduate student living in off-campus housing, including SDSU registration fees, as determined by the SDSU Financial Aid Office. The compensation shall be as follows:

  1. The SDSU registration fees for the fall and spring semesters may be deducted from the total compensation and paid directly to the University. (If an officer is enrolled in exactly 6.0 units, the difference in fees due is not paid to that officer.)
  2. The compensation, less payroll taxes and any advance payments for SDSU registration fees, are paid bi-weekly on the basis of the number of hours worked during the pay period and the number of weeks worked during the course of their term of office and in accordance with the published AS payroll calendar.

SECTION 26

Involvement of Newly Elected Officers

Following the spring elections and prior to installation, the newly elected officers shall serve as non‑voting attendees of ASBOD and all AS council, board and committee meetings to which their respective offices have designated seats.

SECTION 27

Filling Executive Officer Vacancies
  1. In the event a vacancy occurs in the office of Executive Vice President, Vice President of External Relations, Vice President of Financial Affairs or Vice President of University Affairs, an appointment shall be made in a timely manner, with a qualified student who shall serve for the remainder of the unexpired term.
  2. The AS President shall ensure applications announcing the vacancy are publicly solicited in the Daily Aztec or other campus media and opened to all interested eligible students. The length of the application period (minimum of one week) and the frequency and method of advertisement shall be at the discretion of the AS President and promptly reported to the ASBOD.
  3. Applications shall be screened and interviews shall be conducted by a committee composed of the AS President, the remaining executive officers and one representative appointed from the ASUC as well as one from the ASCLC in accordance with organization policy, and utilizing criteria appropriate for fulfilling the requirements of the office. The nominee shall be subject to confirmation by a 2/3 vote of a quorum of the ASBOD.

SECTION 28

Limitations on Employment

No member of the ASBOD or any of its governing councils, commissions, boards or committees shall be an employee of the organization 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, and only for their role as an elected executive officer of the organization.

 

SECTION 29

Governance Role

The purpose of the ASBOD is to govern the organization by overseeing broad policies and objectives and to ensure the values and goals of the organization are upheld. The ASBOD shall work to assure the organization’s financial stability, to secure the highest degree of cooperation between the University President and the organization, and to promote the general welfare of the student body and the University.

The ASBOD reviews and approves budgets and minutes of councils, commissions, boards and committees within its jurisdiction to ensure they conform to campus and CSU policy, applicable regulations and the limits of the law. The ASBOD assures operation of the programs, services and facilities operated by the organization are optimized to serve the needs of its members and the campus community as a whole.

SECTION 30

Jurisdiction

The activities and affairs of the organization shall be conducted, and all powers relating thereto shall be exercised, by or under the direction of the ASBOD. The ASBOD shall develop, adopt, and periodically review the organization’s corporate instruments, operational policies and codes as prescribed in these Bylaws, and reserves the right to delegate student oversight of programs and services within its jurisdiction to various councils, commissions, boards or committees. The ASBOD shall be responsible for the following:

  1. Approval of all actions affecting corporate policies, including all budgets and/or financial matters. The ASBOD will review all budgets for fiscal soundness. Any budget declared by the ASBOD to be fiscally unsound may not be implemented. Budgets for Student Media under the jurisdiction of the University Communications Authority Board (CAB) shall be prepared by the Communications Authority Board. Annual budgets for the AS University Council shall be prepared by the University Council for review and approval by the ASBOD Financial Affairs Committee. Annual budgets for the ASCLC shall be prepared by the Campus Life Council and its commissions for review and approval by the ASBOD Financial Affairs Committee.
  2. Empower by delegation the commissions, councils, boards and committees under its jurisdiction to carry out their respective duties pursuant to their individual charters, with oversight by and approval of the ASBOD.
  3. Give general consent to actions taken by the ASIC, the ASCLC and the ASJAC as specified within the scope and jurisdiction of their respective charters.
  4. The ASBOD reserves the right to review and overturn actions of the ASUC, the ASCLC and the ASJAC in cases of violations of law, policy, procedure and/or actions contrary to the best interests of the organization.
  5. The ASBOD may not reverse the resignation or appointment of members of the ASBOD.

SECTION 31

Membership
  1. Composition of the Board of Directors
    ASBOD members shall satisfy the eligibility requirements set forth by the CSU Board of Trustees and/or the University and consist of the following thirteen (13) voting directors, each serving for a term as specified below: 
    1. The AS President, Executive Vice President, Vice President of External Relations, Vice President of Financial Affairs and Vice President of University Affairs shall be elected by the organization’s regular members and serve for a term of one (1) year.
    2. Six (6) students at-large nominated by the Appointment & Review Committee and appointed by the ASJAC, shall each serve for a term of one (1) year.
    3. The University Vice President of Business & Financial Affairs (or a designee who shall serve at the pleasure of the University Vice President of Business & Financial Affairs).
    4. The University President (or a designee who shall serve at the pleasure of the University President).
  2. ASBOD members shall be required to do the following:
    1. With the exception of the University Vice President of Business & Financial Affairs or designee and the University President or designee, each director shall be required to complete an approved course of orientation and training as specified in these bylaws.
    2. Meet and maintain eligibility requirements of GPA and good standing with the university in accordance with Sections 12-15 of these Bylaws.
    3. Take and pass regular evaluations on a semesterly basis.
    4. The six student at-large directors shall:
      1. Be appointed to the ASBOD by the ASJAC through an application process managed by the Appointments and Review Committee that runs concurrently with the AS General Elections each spring.
      2. Be assigned by the ASBOD to serve as voting members of either the ASCLC or the ASUC.

SECTION 32

Eligibility

In order to be eligible as a member of the ASBOD, with the exception of the AS Executive Officers and designated University officers (or their designees), must meet the following requirements:

  1. Be a matriculated student at the University eligible in accordance with CSU qualification requirements for major student office holders, and not on probation of any kind.
  2. Be enrolled at the University for one (1) year prior to the election, designation or appointment.
  3. Successfully completed a minimum of thirty (30) units.
  4. Have and maintain a minimum GPA of 2.5
  5. Have served on, or been involved with, for a minimum of one (1) year on an AS Council, board and/or committee, University council or a University recognized student organization prior to election, designation or appointment.
  6. In addition to organization regular membership, and requirements specified above, ASBOD members may not be members already elected or appointed to either the AS University Council, AS Campus Life Council or the AS Judicial Affairs Council, with the exception of the designated University officers (or their designees) and AS Executive Officers.

SECTION 33

Officers of the Board of Directors
  1. Chair of the Board of Directors
    1. The AS President shall serve as the Chair of the ASBOD.
    2. Shall have the power, in cases of emergency and/or time-sensitive issues pertaining to the responsibilities of the ASBOD, to call special meetings of the Board.
  2. Secretary to the Board of Directors
    The AS Executive Director shall serve as the Board Secretary and shall ensure that all agendas, meeting minutes, and official records and corporate instruments of the organization are properly certified, recorded and maintained.

SECTION 34

Quorum

Seven (7) directors of the ASBOD shall constitute a quorum for all regular and special meetings of the ASBOD, provided all positions are filled.

SECTION 35

Board and Committee Membership
  1. Provided that a quorum is present, a majority vote is defined as more than 50% of the votes cast by directors present at a regular or duly-noticed special ASBOD.
  2. Provided that a quorum is present, a 2/3 vote is defined as 2/3 of the votes cast by directors present at a regular or duly-noticed special meeting of the ASBOD.
  3. Provided that a quorum is present, a roll call vote shall be required upon the request of 1/3 of the directors present and voting (excluding abstentions). The results of the roll call vote shall be included in the minutes and include the director’s name and vote cast.
  4. Voting by proxy is prohibited.

SECTION 36

Meetings
  1. The ASBOD shall meet bi-weekly while classes are in regular session and shall meet in special session called by the Chair in cases of emergency or extenuating time-sensitive circumstances.
  2. Meetings shall be open to the public pursuant to California Education Code Section 89305.1 et seq. except for conduct of a closed session.

SECTION 37

Closed Sessions

Closed sessions may be held only in strict compliance with Gloria Romero Open Meeting Law, Education Code Section 89307 et seq. ASBOD members retain the right to attend all closed sessions of the Board and/or its sub-boards, councils and committees.

POWERS OF THE BOARD OF DIRECTORS

SECTION 38

The ASBOD shall be empowered to determine goals, policies and governing practices of the organization.

SECTION 39

AS Executive Director

The ASBOD shall be empowered to employ or discharge the AS Executive Director consistent with University and AS employment policies and procedures. The ASBOD shall prepare the annual evaluation of the Executive Director in accordance with established policies and recommend the final evaluation to the University Vice President for Business & Financial Affairs for concurrence.

SECTION 40

Board Committees

The ASBOD shall have the power to establish committees of the ASBOD including, but not limited to the following standing committees:

  1. Financial Affairs Committee
  2. Audit Committee
  3. Facilities Committee
  4. Marketing & Communications Committee
  5. Executive Committee

SECTION 41

Policy and Procedures Codes

The ASBOD may adopt codes that implement and carry out the intent of these Bylaws with specific rules, policies, procedures and position descriptions.

SECTION 42

Executive Director Reports

The AS Executive Director shall report to the ASBOD or its Executive Committee on the status of any or all of the activities of the organization on a schedule determined by the ASBOD, and at any other time deemed necessary by action of the ASBOD.

SECTION 43

Surety Bonding

All individuals having custody of organization funds as a function of their position shall be bonded, the cost for which shall be paid for by the organization.

SECTION 44

Fee Refunds

The ASBOD shall, for due cause, authorize refunds on all AS students fees, in conformance with University Policy.

SECTION 45

Fiduciary Accounts

The ASBOD shall be empowered to establish appropriate student fiduciary accounts on the recommendation of the Financial Affairs Committee or the University President. Such funds shall be used only for those purposes stipulated in the respective acts establishing them. Upon termination of any such accounts, the remaining monies shall revert to the AS General Reserve, subject to any restrictions establishing the account.

SECTION 46

Specific Board Member Duties

Students ASBOD members shall have an affirmative duty to:

  1. Attend all ASBOD meetings including summer meetings.
  2. Serve as a member of a board of the BOD, first or an A.S. board, A.S. standing or ad hoc committee, Senate committee or commission. ASBOD student members-at-large selected to the Executive Committee must sit on at least one (1) additional commission, council, board or committee.
  3. Attend the meetings of the councils (ASCLC or ASUC) to which the ASBOD member is appointed.
  4. Attend each semester, the regularly scheduled AS Leadership Retreat(s).
  5. Attend a diversity educational workshop in the event a member is unable to attend the retreat(s).
  6. Evaluate AS Study Abroad Scholarship applications.
  7. Participate in at least one (1) hour of tabling by the third Friday of each semester.
  8. Attend at least one (1) meeting of a recognized organization that they are not affiliated with.
  9. Attend one cultural event (defined as an event that showcases shared customs and behaviors of a particular group of society that is different from their own) that is planned, organized, sponsored or co-sponsored by any of the culturally-based student organizations recognized by the Office of Student Life & Leadership (other than one held by an organization to which the members belongs.) In addition to proof of attendance, a 250 word minimum reflection on the cultural event shall be submitted. With the exception of the University President or the designee, the University Senate faculty member, and the AS Executive Director or the designee, each member of the ASBOD shall be required to complete an approved course of cultural competency as specified in these bylaws.
  10. Student ASBOD members shall do the following at the request of an A.S. executive officer:  
    1. Serve, at the request of the A.S. Vice President of University Affairs, as a student representative on the University Senate, its committees or any other seat under the jurisdiction of the ASUC. 
    2. Serve at the request of the A.S. Chief Justice, as a representative during the Appointment & Review selection process as specified in these Bylaws.
  11. Failure to complete one or more of the requirements will result in a hearing with the ASJAC and may lead to a reprimand and/or removal from the leadership position.

SECTION 47

Attendance
(Revised 12/1/14)
  1. Three (3) unexcused absences out of ten (10) consecutive meetings, two (2) consecutive unexcused absences, or five (5) absences either excused or unexcused in a semester, while serving as a member of ASBOD, ASCLC or ASUC in these Bylaws, except in the case of a student ASBOD member who has presented documentation that the absences are necessary to fulfill their responsibility as an executive officer or member of the ASBOD, may result in the removal of a student member from his/her position on the Council. All apparent failures to perform the duties specified in this Section will be reviewed by the ASJAC.
  2. Two (2) unexcused absences out of five (5) biweekly meetings, two (2) consecutive unexcused absences, or three (3) absences either excused or unexcused in a semester, while serving as a member of ASCLC or ASUC in these Bylaws may result in the removal of a student member from his/her position on the Council. All apparent failures to perform the duties specified in this Section will be reviewed by the ASJAC.
  3. Leaving early or arriving late to a meeting of the ASBOD, ASUC, ASCLC and/or ASJAC shall be treated in the following manner:
    1. One (1) unexcused incident of leaving an ASBOD or a council meeting before adjournment will be considered a half (1/2) absence.
    2. One (1) unexcused incident of arriving fifteen (15) or more minutes after the ASBOD or Council meeting has been called to order will be considered a half (1/2) absence.
    3. ASBOD or Council members shall be required to attend all ASBOD or a council meetings for a minimum of three (3) hours from the publicized meeting time or until the meeting is adjourned, whichever occurs first.
  4. Requests for excused absences will be reviewed in the following manner:
    1. Prior Engagements: Excuses must be submitted in writing to the three days prior to the planned absence, to be considered by the ASJAC.
    2. Emergencies: In the event that an ASBOD or council member must be absent from an ASBOD or a council meeting, a request for excused absence must be submitted to the Chief Justice no later than seven (7) days following the absence in order to be considered by the ASJAC.
    3. Absences for meetings outside the established schedule will only count for one-half (½) of an absence.
  5. Excuses for the ASBOD/Council Retreat(s) shall be reviewed in the following manner:
    1. Prior Engagements: The excuse must be submitted in writing at least 10 business days prior to the Retreat or the absence will be recorded as unexcused.
    2. Emergencies: The excuse must be submitted in writing to the AS Chief Justice within seven (7) days after the Retreat or the absence will be recorded as unexcused.
    3. For attendance counting purposes, each day of the ASBOD Retreat will be equivalent to ½ absence for each full or partial day missed.
    4. Requests for excused absences shall be subject to review by the ASJAC.
    5. Excuses for Summer ASBOD meetings shall be reviewed in the following manner: Summer BOD meetings shall be considered a separate semester for the purposes of aggregate absences. One (1) unexcused absence out of three (3) meetings, two (2) consecutive either excused or unexcused absences, or two (2) absences either excused or unexcused may result in the removal of an ASBOD director from their position on the ASBOD.
  6. Option for Last Chance Participation Alternatives
    In the event an ASBOD or Council member’s eligibility to maintain their seat is jeopardized due to verifiable and unavoidable academic scheduling conflicts as confirmed by the ASJAC, these "last chance" participation alternatives may be used, subject to the final approval of the ASJAC, as an alternative to the member vacating their seat. To receive consideration under these provisions, the ASBOD or Council member must initiate a written request to the ASJAC explaining why he/she may be at risk for violation of the attendance requirements specified in these Bylaws, as well as include a suggested participation alternative that would meet or exceed the minimum attendance requirements.
    1. Criteria for Application of Last Chance Participation Alternatives
      If the ASBOD or Council member is required to be more than 15 minutes late arriving or leaving early to/from weekly ASBOD or Council meetings due to a verifiable course scheduling conflict, then the ASBOD or Council member must initiate a written request for a "last chance" participation alternative to the ASJAC prior to the add/drop deadline for the specific semester in question.
      1. An ASBOD or Council member may initiate a written request for a "last chance" participation alternative in the event that any combination of excused or unexcused absences that exceed the total permissible, as provided for in these Bylaws.
      2. If an ASBOD or Council member cannot make ANY of their required council, board/committee meetings due to various class conflicts, then he/she must submit a letter to the ASJAC before the add/drop deadline for the specific semester.
    2. Participation Alternatives
      ASBOD or Council member proposals for "last chance" participation alternatives may include one or more of the following elements:
      1. Board/Committee Membership
        ASBOD or Council members may request appointment to another AS board/committee that does not conflict with their schedule and has vacant seats needing filled. 
      2. Executive Officer Project Assistance
        The ASBOD or Council member may work in close collaboration with an Executive Officer on a specific project being worked on by the Executive Officer.
    3. Miscellaneous Alternatives
      The ASBOD or Council member may propose his/her own idea on projects or additional participation that is compatible with their schedule and contributes to the fulfillment of their duties and responsibilities for their position on the ASBOD or Council. All proposed projects in this regard must receive prior review and approval by the ASJAC before the ASBOD or Council member can receive credit in lieu of meeting the specified attendance requirements. ASBOD or Council members would be ill-advised to assume they can miss ASBOD or Council meetings or otherwise fail to fulfill his/her ASBOD or Council member duties. This alternative should only be used to mitigate unforeseen or unavoidable circumstances that prevent the ASBOD or Council member from meeting their responsibilities outlined in these Bylaws, with each case subject to evaluation and recommendation by the ASJAC on a case by case basis.
  7. Priority Registration
    ASBOD, ASCLC, ASUC and ASJAC members receive priority registration for the purpose of avoiding schedule conflict problems. Eligibility for consideration for a "last chance" participation alternative for ASBOD and Council members will be carefully evaluated only in the event of extenuating circumstances only. ASBOD and Council members are expected to place a top priority on attending ASBOD or Council meetings and meetings of their assigned council, board or committee. 


SECTION 48

Removal of Student Members

The ASBOD shall have the authority to remove a student member from any of the boards, councils or commissions under its jurisdiction for cause provided that:

  1. The cause is specified in these Bylaws and was in effect at the beginning of the voting member’s term of office.
  2. The cause is related to qualifications of the student member to continue in office such as the breach of duties and responsibilities provided for in these Bylaws, the breach of any fiduciary duty, eligibility requirement, or failure to comply with the Director Agreement and Policy Concerning Confidentiality, Access to Proprietary Information, Liability of Directors, Eligibility to Serve and Required Duties and Responsibilities, and Conflict of Interest.
  3. The action is done in good faith and in a fair and reasonable manner and conducted in accordance with the following procedures:
    1. All charges against a student ASBOD member for violations of ethics, misconduct or failure to comply with the requirements of these Bylaws shall be presented via written declaration to the AS Chief Justice, and reviewed by the ASJAC at a special hearing duly called for that purpose.
    2. The charged student member shall receive written notice of the special hearing at least seven (7) days prior to the date set for the hearing. The notice of the hearing shall include a copy of the written declaration outlining the charges against the student member.
      1. The special hearing of the ASJAC shall be conducted in open session.
      2. The findings and any recommendations of the ASJAC shall be presented in writing to the ASBOD for approval, with a copy to the charged student member.
      3. The ASBOD may remove a student member as provided for in these Bylaws only upon the approval of two-thirds of the members present and voting for the action at a regular or special meeting, and provided that the charged member has been provided a minimum of fifteen (15) days prior written notice of the removal and the reasons for the removal.
      4. The charged member shall have the opportunity to be heard before a regular or special meeting of the ASBOD, orally or in writing, not less than five (5) days before the effective date of the removal, as to why the removal should not take place.

SECTION 49

Purpose

The Associated Students University Council (ASUC) works towards strengthening the connection between the University administration and the students by serving as the primary student representative body responsible for researching and developing the student perspective for University policy and advocacy of any and all relevant matters affecting University students on and/or off the campus. The ASUC shall serve a primary role in preserving and practicing shared governance for the benefit of University students and the University.

SECTION 50

Jurisdiction

The ASUC, as set forth by the ASBOD, shall be responsible for the following:

  1. Serve as the collective voice to the University for all students within their respective colleges and work for the preservation of academic freedom and defense of student rights.
  2. Establish the seven College Councils, Business, Education, Engineering, Health and Human Services, Professional Studies and Fine Arts, Arts and Letters, and Sciences, as well as the Undeclared Student Council and the Graduate Student Association, and whose purpose shall be to represent the interests and needs of that college and to be active in the areas of academic programs, curriculum and student development.
  3. Research various academic and other University-related issues which affect University students.
  4. Develop policy position and student perspective resolutions on behalf of organization and direct those resolutions to responsible individuals, the University Senate and/or other governmental bodies or other external organizations, as appropriate.
  5. Set forth the External Relations Board to fulfill its duties with respect to its charter in the advocacy of student interests in the local community and on the state and national levels.

SECTION 51

Membership

The ASUC shall be composed of the following members:

  1. The Vice President of University Affairs, who shall serve as the Chair and preside over meetings of the ASUC.
  2. The President, Executive Vice President, Vice President of External Relations and Vice President of Financial Affairs of the Associated Students.
  3. One (1) student representative for every one thousand five hundred (1,500) University students or a major part thereof officially enrolled as majors in each academic college. Students with undeclared majors shall be similarly apportioned and shall be entitled to at least one (1) representative (seat). Apportionment for major-specific and undeclared/unclassified seats shall be determined in accordance with the University classification of each major and the college where they reside.
  4. The President of the Graduate Student Association (GSA) or designee, elected by procedures outlined in the Graduate Student Association Charter.
  5. Three (3) student-at-large ASBOD members, who shall serve as voting members of the ASUC.
  6. The AS Executive Director or a designee, as a non-voting member.
  7. One (1) faculty member appointed by the University Senate, as a non-voting member.
  8. The University President or a designee, as a non-voting member.

SECTION 52

ASUC Member Responsibilities

Students elected to the ASUC shall have an affirmative duty to:

  1. Attend all meetings of the ASUC.
  2. Attend each semester, the regularly scheduled AS Leadership Retreat(s).
  3. Attend a diversity educational workshop in the event a member is unable to attend the retreat(s).
  4. Evaluate AS Study Abroad Scholarship applications.
  5. Participate in at least one (1) hour of tabling by the third Friday of each semester.
  6. Attend at least one (1) meeting of a recognized student organization that they are not affiliated with.
  7. Attend the regular meetings of the college council they represent and serve as liaison for their respective college council.
  8. Attend one cultural event (defined as an event that showcases shared customs and behaviors of a particular group of society that is different from their own) that is planned, organized, sponsored or co-sponsored by any of the culturally-based student organizations recognized by the Office of Student Life & Leadership (other than one held by an organization to which the members belongs.) .) In addition to proof of attendance, a 250 word minimum reflection on the cultural event shall be submitted. With the exception of the University President or the designee, the University Senate faculty member, and the AS Executive Director or the designee, each member of the ASUC shall be required to complete an approved course of cultural competency as specified in these bylaws.
  9. Attend and be appointed as a voting member of at least one (1) University Senate committee and make reports on each committee meeting to University Council and their perspective college council.
  10. Failure to complete one or more of the requirements will result in a hearing with the ASJAC and may lead to a reprimand and/or removal from the leadership position.

SECTION 53

Eligibility

In addition to the organization regular membership, and requirements specified in Sections 12 through 15, Eligibility, in these Bylaws, the members of the ASUC, (with the exception of the AS executive officers and Executive Director) or University representatives, may not concurrently hold a seat, voting or non-voting, on the ASCLC, the ASJAC, or the ASBOD.

SECTION 54

Quorum

A majority (more than 50% fifty percent) of the total filled voting seats of ASUC shall constitute quorum at all meetings, provided that at least one executive officer is included among those present.

SECTION 55

Voting
  1. Provided that a quorum is present, a majority vote is defined as more than 50% of the votes cast by members present and legally eligible to vote at a regular or duly-noticed special meeting of the ASUC.
  2. Provided that a quorum is present, a 2/3 vote is defined as 2/3 of the votes cast by members present and legally eligible to vote at a regular or duly-noticed special meeting of the ASUC.
  3. Provided that a quorum is present, a roll call vote shall be required upon the request of 1/3 of the members present and voting (excluding abstentions). The results of the roll call vote shall be included in the minutes and include the member’s name and vote cast.
  4. The Chair of the ASUC shall only vote in order to make or break a tie.

SECTION 56

Meetings
  1. The ASUC shall meet bi-weekly only while classes are in regular session.
  2. The ASUC shall meet in special session called by the Chair in cases of emergency or at the request of a majority of voting members of the ASUC, in which a quorum, as defined above, must be met.
  3. Meetings shall be open to the public pursuant to California Education Code Section 89305.1 et seq.

SECTION 57

Purpose

The Associated Students Campus Life Council (ASCLC) serves the programmatic and student affairs functions of AS. It has primary jurisdiction in all matters pertaining to student programs and program policies within AS jurisdiction including, but not limited to, events of the Aztec Student Union, sustainable initiatives, youth programs, recreational programs and services and the support of eligible student organizations and their projects and events; it will also oversee projects of AS boards, commissions and committees within its jurisdiction. The ASCLC will provide programs and services in collaboration with the University’s Division of Student Affairs and in keeping with the mission of the University and the AS. The ASCLC will also collaborate with the ASUC in situations that require consideration and/or action of both councils.

SECTION 58

Jurisdiction

The ASCLC shall be responsible for the following:

  1. Empower the following commissions, reflective of the AS Values, to fulfill their duties with respect to their individual charters:
    1. Aztec Student Union Programs
    2. Community Service
    3. Recreation and Wellness
    4. Sustainability
    5. Student Diversity 
    6. Student Support
    7. Campus Community
  2. Propose, implement and enforce AS policies regarding events and programs hosted by student organizations and/or AS commissions, councils, boards, sub-boards and committees.
  3. Oversee the progress and actions of AS commissions, councils, boards and committees within its jurisdiction.
  4. Review and discuss, on a regular semester basis, the programs and actions of the commissions, councils, boards, sub-boards and committees within its jurisdiction
  5. Collaborate with the University’s Division of Student Affairs to offer a student perspective on the practices and implementation of student services and programs offered by the Division.

SECTION 59

Membership

The ASCLC shall be composed of the following members:

  1. The AS Executive Vice President, who shall serve as the Chair and preside over meetings of the ASCLC
  2. The AS President, Vice President of External Relations, Vice President of Financial Affairs, and Vice President of University Affairs, as voting members
  3. The following seven (7) Commissioners, as voting members, appointed by and who chair their respective ASCLC Commission:
    1. Aztec Student Union Programs Commissioner
    2. Community Service Commissioner
    3. Recreation & Wellness Commissioner
    4. Sustainability Commissioner
    5. Student Diversity Commissioner
    6. Student Support Commissioner
    7. Campus Community Commissioner
  4. Seven (7) voting representatives elected by the organization’s regular membership, one for each of the seven (7) ASCLC Commissions:
    1. Aztec Student Union Programs
    2. Community Service
    3. Recreation & Wellness
    4. Sustainability
    5. Student Diversity
    6. Student Support
    7. Campus Community
  5. Two (2) voting student-at-large campus representatives, elected by the regular membership.
  6. Three (3) ASBOD student-at-large members, as voting members. 
  7. The Chair of the ASBOD Marketing & Communications Committee, as a non-voting member.
  8. The AS Executive Director or a designee, as a non-voting member.
  9. The Vice President of Student Affairs, or a designee, as a non-voting member

SECTION 60

ASCLC Member Responsibilities

Student members of the ASCLC shall have an affirmative duty to:

  1. Attend all meetings of the ASCLC
  2. Attend each semester, the regularly scheduled AS Leadership Retreat(s).
  3. Attend a diversity educational workshop in the event a member is unable to attend the retreat(s).
  4. Evaluate AS Study Abroad Scholarship applications, if needed.
  5. Participate in at least one (1) hour of tabling by the third Fridayof each semester.
  6. Attend at least one (1) meeting of a recognized student organization that they are not affiliated with.
  7. Attend the regular meetings of the commission they represent and serve as liaison for their commission.
  8. Attend one cultural event (defined as an event that showcases shared customs and behaviors of a particular group of society that is different from their own) that is planned, organized, sponsored or co-sponsored by any of the culturally-based student organizations recognized by the Office of Student Life & Leadership (other than one held by an organization to which the members belongs.) In addition to proof of attendance, a 250 word minimum reflection on the cultural event shall be submitted.With the exception of the University President or the designee and the AS Executive Director or the designee, each member of the ASCLC shall be required to complete an approved course of cultural competency as specified in these bylaws.
  9. Failure to complete one or more of the requirements will result in a hearing with the ASJAC and may lead to a reprimand and/or removal from the leadership position.

SECTION 61

Eligibility

In addition to regular membership in the Association, and requirements specified in Sections 12 through 15, Eligibility, in these Bylaws, voting members of the ASCLC, may not concurrently hold a seat on the ASUC, ASBOD or the ASJAC, with the exception of AS executive officers and the three students-at-large who are selected to serve on the ASBOD.

SECTION 62

Quorum

A majority (more than 50% fifty percent) of the total filled voting seats of ASCLC shall constitute quorum at all meetings, provided that at least one AS executive officer is included among those present.

SECTION 63

Voting
  1. Provided that a quorum is present, a majority vote is defined as more than 50% of the votes cast by members present and legally eligible to vote at a regular or duly-noticed special meeting of the ASCLC
  2. Provided that a quorum is present, a 2/3 vote is defined as 2/3 of the votes cast by members present and legally eligible to vote at a regular or duly-noticed special meeting of the ASCLC
  3. Provided that a quorum is present, a roll call vote shall be required upon the request of 1/3 of the members present and voting (excluding abstentions). The results of the roll call vote shall be included in the minutes and include the member’s name and vote cast
  4. The Chair of the ASCLC shall only vote in order to make or break a tie

SECTION 64

Meetings

The ASCLC shall meet bi-weekly only while classes are in regular sessionShall meet in special session called by the Chair in cases of emergency or at the request of a majority of voting members of the ASUC, in which a quorum, as defined above, must be met. Meetings shall be open to the public pursuant to California Education Code Section 89305.1 et seq.

SECTION 65

Purpose

The Associated Students Judicial Affairs Council (ASJAC) is responsible for the maintenance, updating and the interpretation of the internal-structural policies, bylaws, charters and/or codes of the organization. The ASJAC has primary jurisdiction over the internal review and adjudication of grievances, interpretations of perceived inconsistencies or conflicts of written internal policies or governing documents of the organization, or grievances arising during the course of the execution of the official duties brought against an AS executive officer, board/committee member or member of the ASUC, the ASCLC and/or the ASBOD or members of any of its sub-boards, committees or councils. The ASJAC will have no jurisdiction over these matters relating to the conduct or performance of AS employees, except for AS Executive officers, which fall within the jurisdiction of applicable laws and/or AS personnel policies and procedures.

SECTION 66

Jurisdiction

The ASJAC shall be responsible for the following:

  1. Assist in the efficient functioning of the governance structure of the organization.
  2. Ensure an adequate flow of information and consistent use and application of Parliamentary Procedure, these Bylaws, board, commission, committee or council charters, codes and other internal-structural policies of the organization to the relevant councils, commissions, boards or committees and shall include an up-to-date filing of said information.
  3. Review these Bylaws, board, commission, committee or council charters, codes and other organization internal structural policies, and make recommendations to the respective councils, commissions, boards, sub-boards or committees regarding all proposed revisions thereof.
  4. Shall receive, review and adjudicate, in a timely manner, any and all revisions, amendments or grievances regarding these Bylaws, board, commission, committee or council charters, codes or other organization internal-structural policies.
  5. Shall receive, review and adjudicate any and all grievances or complaints, especially the adherence to the principles of due process, including votes of no confidence, recall or other complaint, brought against any AS executive officer, board, council, commission or committee member and/or member of the ASUC, ASCLC or ASBOD, or any of its sub-boards, committees, commissions or councils.
  6. The AS Chief Justice shall facilitate the process of resolving disputes, grievances, complaints, etc. by forming an ad hoc Dispute Resolution Committee consisting of the following members:
    1. Four (4) representatives from each of the ASUC and the ASCLC, appointed by the respective Council, as voting members.
    2. Six (6) student ASBOD at-large members, as voting members.
    3. The AS Chief Justice, as a non-voting member and chair of the Committee.
    4. The AS Executive Director or a designee, as a non-voting member.
    5. The AS Executive Officers, as non-voting members.
  7. The AS Chief Justice shall facilitate the appointment of the ASJAC Appointments and Review Committee whose responsibility is to manage the process for announcing, interviewing and appointing student representatives to councils, commissions, boards and committees as provided in these bylaws. The membership of the Appointments and Review Committee shall consist of:
    1. The AS Chief Justice, as a non-voting member and chair of the Committee
    2. Three (3) representatives from each of the ASUC and the ASCLC, appointed by the respective Council, as voting members.
    3. The AS Executive Vice President and AS Vice President of University Affairs, in their roles as chairs of the ASCLC and ASUC respectively, as voting members.
    4. The AS Executive Director or a designee, as a non-voting member.
  8. Create and maintain an 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, designated or appointed student member of the ASUC, ASCLC, ASBOD and ASJAC prior to the member participating in the conduct of affairs of his or her respective council assignment. 
  9. Receive and review any complaint that an AS executive officer, board/committee member or member of the ASBOD, ASUC, ASCLC and/or ASJAC has violated or breached any provision of the Director’s Agreement, as well as any complaint of violations of the Bylaws, Codes or other organization internal-operational policies.. Should the matter call into question compliance with California state law not covered by CSU or campus policies, these Bylaws, or the Student Code of Conduct, the AS Articles of Incorporation or the AS Operating Agreement, it shall be referred to the ASBOD for review and/or final determination. 
  10. Receive all AS internal legislative policy matters and forward them to the appropriate Council, sub-board or committee for review. 
  11. Oversee and support the work of the AS Elections Committee and the AS Awards Committee to ensure successful outcomes for each of these functions. Review and approve the actions of the AS Elections Committee and the AS Awards Committee.

SECTION 67

Member Composition

The ASJAC shall consist of a total of nine (9) members, who shall be as follows:

  1. The Chief Justice, who shall be nominated by the AS President with the concurrence of the ASBOD for a one-year term and who shall serve as chair. An incumbent may re-apply for additional one-year terms of office.
  2. Six (6) students-at-large, subject to eligibility requirements specified in these Bylaws, appointed by the ASBOD as ASJAC Justices through an application process by the end of the spring semester before academic year of term begins.
  3. The University Vice President of Student Affairs or a designee, who shall serve as a designated non-voting member.
  4. The AS Executive Director or a designee, who shall serve as a designated non-voting member.

SECTION 68

ASJAC Member Responsibilities (Revised 12/1/14)

Voting student members of the ASJAC, including the Chief Justice shall have an affirmative duty to:

  1. Attend all meetings of the ASJAC.
  2. Attend each semester, the regularly scheduled AS Leadership Retreat(s).
  3. Attend a diversity educational workshop in the event a member is unable to attend the retreat(s).
  4. Evaluate AS Study Abroad Scholarship applications, if needed.
  5. Participate in at least one (1) hour of tabling by the third Friday of each semester.
  6. Attend at least one (1) meeting of a recognized student organization that they are not affiliated with.
  7. Attend the full meeting of at least two (2) meetings of the ASBOD, ASCLC or AS UC each semester.
  8. Attend one cultural event (defined as an event that showcases shared customs and behaviors of a particular group of society that is different from their own) that is planned, organized, sponsored or co-sponsored by any of the culturally-based student organizations recognized by the Office of Student Life & Leadership (other than one held by an organization to which the members belongs.) In addition to proof of attendance, a 250 word minimum reflection on the cultural event shall be submitted. With the exception of the University President or the designee and the AS Executive Director or the designee, each member of the ASJAC shall be required to complete an approved course of cultural competency as specified in these bylaws.
  9. Failure to complete one or more of the requirements will result in a hearing with the ASJAC and may lead to a reprimand and/or removal from the leadership position.

SECTION 69

Eligibility

In addition to the organization regular membership and requirements specified in Sections 12 through 15, Eligibility, in these Bylaws, members of the ASJAC may not concurrently hold a seat on the ASCLC, the ASUAC or the ASBOD.

SECTION 70

Quorum

A majority (defined as fifty-percent (50%) plus one (1) member of the total voting seats of the ASJAC shall constitute a quorum for the conduct of business at regular or special meetings.

SECTION 71

Voting
  1. Provided that a quorum is present, a majority vote is defined as more than 50% of the votes cast by members present and legally eligible to vote at a regular or duly-noticed special meeting of the ASJAC.
  2. Provided that a quorum is present, a 2/3 vote is defined as 2/3 of the votes cast by members present and legally eligible to vote at a regular or duly-noticed special meeting of the ASJAC.
  3. Provided that a quorum is present, a roll call vote shall be required upon the request of 1/3 of the members present and voting (excluding abstentions). The results of the roll call vote shall be included in the minutes and include the member’s name and vote cast.
  4. The Chief Justice shall serve as the Chair and preside over meetings of the ASJAC.

SECTION 72

Meetings
  1. The ASJAC shall meet weekly only while classes are in regular session
  2. The ASJAC shall meet in special session called by the Chair only in cases of emergency and time-sensitive matters, in which quorum must be met
  3. All meetings shall be open to the public pursuant to California Education Code Section 89305.1 et seq.

SECTION 73

Revisions to Bylaws and Charters

The ASJAC, with final approval of the ASBOD, shall have the power to recommend revisions to these Bylaws as well as the charters of the various AS commissions, councils, committees or boards upon a two‑thirds (2/3) vote of those present and voting, provided that official notice of the proposed intent to propose revisions has appeared in two separate issues of the Daily Aztec immediately preceding the ASBOD meeting at which the vote is to be taken. The notice shall include the location(s) where copies of the specific proposed changes can be obtained by interested parties. The ASBOD may change only the method of advertising, doing so by a two‑thirds (2/3) vote. Proposed amendments must be submitted to the AS JAC by the ninth week of the semester.

SECTION 74

All AS commissions, councils, boards and committees are required to submit minutes in a timely fashion to the Executive Director’s Office, who will make them part of AS records.

SECTION 75

The provisions of these Bylaws and all charters shall continue in effect until a properly adopted revision has been certified by the Board Secretary and approved by the University President

SECTION 76

To maximize opportunities for participation by any interested eligible student, the standard shall be that no organization member shall hold voting membership on more than two AS commissions, councils, boards or committees, except as provided in these Bylaws. Exceptions to this standard require the approval of the ASBOD. Authorized designees may not serve in the capacity of a student member‑at‑large.

SECTION 77

A student who is a voting member of any governing board and is also being considered for a position which that board will recommend for appointment shall automatically be replaced by a member of the Judicial Affairs Council in that selection process. When such a situation arises, the Chairperson of the board shall notify the AS Chief Justice, who will then appoint a representative from the Judicial Affairs Council. This representative shall have full voting rights and privileges as a regular voting member in the selection process.

SECTION 78

Each governing board that has not met for one (l) year or more must have its charter renewed before that board may operate.

SECTION 79

Each board must submit an annual review to Council at the end of each academic year.

SECTION 80

In the event that a student‑at‑large member of an AS board cannot fulfill the duration of his/her term, the first alternate of that board shall fill that seat and must reapply during the next Board appointment process. A student‑at‑large shall be defined as a member of the organization who is not a member of the ASBOD or any AS council, governing board or committee.

SECTION 81

The ASJAC has the delegated authority to appoint three (3) members of the organization as designated voting members of the University Senate. The AS President, Vice President of External Relations and Vice President of University Affairs shall also serve as designated voting members of the University Senate.

SECTION 82

All procedures and regulations concerning all aspects of AS elections are governed by the Elections Code.

SECTION 83

The Elections Code may be revised or amended by a two‑thirds (2/3) vote of those present and voting at a regular meeting of the ASJAC.

Recall Referendum

SECTION 84

Upon submission of a petition signed by five (5) percent of Associated Students’ regular membership eligible to cast votes for the officer sought for removal, , and after authentication of the signatures on the petition and confirmation of each of them being a currently enrolled student eligible to vote, the A.S. Chief Justice shall declare a recall election. Petitions must be submitted individually for each officer sought for removal.

SECTION 85

A recall petition shall contain a statement of reason for removal. The petition must contain the printed name, signature and Red ID number of each signer.

SECTION 86

A recall election shall be held not more than thirty (30) calendar days after confirmation of the signatures on the petition except where that period is within thirty (30) days of the last day of the semester. Then the vote shall take place the following semester, following a reaffirmation of the recall by the ASBOD.

SECTION 87

Notice of any recall election must appear at least two (2) days in the Daily Aztec prior to a recall election.

SECTION 88

Ballots for a recall election shall list each name separately.

SECTION 89

Two thirds (2/3) of the votes cast shall be necessary to recall, provided that at least ten percent (10%) of the organization’s regular members eligible to cast votes for the officer sought to be removed have cast votes in the recall election. Should the 10% threshold not be met, the recall vote shall be invalid.

SECTION 90

In the event an officer is removed by recall a new election shall be held for his/her position within twenty (20) calendar days of his/her removal except where the period is within thirty (30) days of the last day of the semester. Then the vote shall take place the following semester, following a reaffirmation of the recall by the ASBOD.

 

Initiative Referendum

SECTION 91

An initiative referendum proposal from the regular membership at large may be submitted to the A.S. Judicial Affairs Council in the form of a petition signed by five (5) percent of the total regular membership.

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. After confirmation of a petition signed by five (5) percent of the organization’s regular membership eligible to cast votes, and after authentication of the signatures on the petition and confirmation of each of them being a currently enrolled student eligible to vote, the A.S. Judicial Affairs Council shall declare a student initiative referendum.

The language will then be placed on the ballot of the next general election following submission and verification of the petition.

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.

Adjustments to the student body organization fee shall be subject to referendum at any time upon the presentation of a petition to the University President containing the signatures and student ID numbers of at least ten (10) percent of the regular membership eligible to vote and is subject to Section 7 of the A.S. Elections Code.

SECTION 92

A referendum proposal may be submitted by the ASBOD to the regular membership at large in a general election or a special referendum election.

SECTION 93

The membership fee for regular and summer session students shall be set by the ASBOD in accordance with the California Education Code and the California Code of Regulations (Title 5).

SECTION 94

College Council Funds

Up to nine (9) percent of the monies collected as regular membership fees by the organization each semester shall be allocated to College Councils. The use of this money is subject to the following conditions and restrictions:

  1. The funds shall be allocated according to procedures outlined in "How to Spend Your A.S. Dollars."
  2. Each College Council must submit their proposed budget to the ASBOD Financial Affairs Committee and the ASBOD for review and approval.
  3. All allocations for new College Councils shall be effective with the new fiscal year after the organization’s Spring elections so they may be considered during budget sessions.

SECTION 95

The organization shall develop, maintain and periodically review a Corporate Reserve Policy.

SECTION 96

The Corporate Reserve Policy may be revised or amended by a two‑thirds (2/3) vote of those present and voting at a regular meeting of the ASBOD.

SECTION 97

The following publication is authorized by and may be issued under the name of the organization: The Daily Aztec (official newspaper).

SECTION 98

The Daily Aztec shall be the official organ of the organization and shall publish all notices of petitions, election results, proposed changes in these Bylaws and other official notices of the ASBOD within one week of receiving them, unless otherwise determined by the ASBOD.

SECTION 99

The Daily Aztec shall have an Editor‑in‑Chief appointed by the University Communications Authority. The Editor shall directly implement the policy of the publication and shall have the power to appoint such associates and assistants as he/she deems necessary in accordance with adopted publication codes.

SECTION 100

The ASBOD may authorize additional publications or media (including messaging systems) to serve under the name of the organization as supplementary to the publications of the Daily Aztec.

SECTION 101

A.S. Judicial Affairs Council Authority
  1. The AS Judicial Affairs Council may institute awards for extra-curricular activities within the jurisdiction of the organization.
  2. Each College Council may institute additional awards, which it deems necessary and is related to activities within its jurisdiction. These awards will be presented at times and places to be arranged by the individual College Councils. AS funding shall come from the College Council’s budgeted allocation.
  3. Each on‑campus club/organization may request funding for awards from the Associated Students for purposes they deem necessary. The funding shall come from the club/organization’s budgeted allocation.

SECTION 102

Awards shall be uniform from year to year as provided for within the Awards Code.

SECTION 103

Ultimate approval of all awards may be granted to the AS Judicial Affairs Council, if the ASBOD so deems it.

SECTION 104

All procedures and regulations concerning all aspects of AS awards and honors shall be governed by the Awards Code.

SECTION 105

The Awards Code may be revised or amended by a two‑thirds (2/3) vote of the entire voting membership of the AS Judicial Affairs Council.

SECTION 106

The following oath must be affirmed by all new elected and appointed Associated Students representatives and officers as they take office:

I (name), as duly elected (officer/representative) of the Associated Students, San Diego State University, do swear that I will faithfully fulfill the duties of this office as provided in these Bylaws. I will strive to establish representative government, maintain academic freedom and defend student rights. I will work toward the strengthening of the cooperation between the Associated Students and the administration and work toward bettering my leadership qualities and scholastic standards. With these thoughts in mind, I shall set as my final goal the betterment of San Diego State University; I so affirm.

SECTION 107

The oath shall be administered to the incoming AS President by the University President, the outgoing AS President or the ranking ASBOD Officer. After the new AS President is sworn in, he/she shall then administer the oath of the newly elected members of the ASBOD.

SECTION 108

These Bylaws may be amended by the ASBOD upon a two-thirds (2/3) approving vote of those present and voting providing notice of intent to revise the affected section has appeared in two (2) separate issues of the Daily Aztec. Notice shall include the locations(s) where copies of the proposed changes may be obtained with the deletions to the existing Bylaws appearing in strike‑out type and any additions appearing in bold face print and underlined, unless otherwise stipulated by the ASBOD. The Council may change only the method of advertisement, doing so by a two‑thirds (2/3) vote.

SECTION 109

These Bylaws may also be amended by an affirmative vote of two‑thirds (2/3) of a quorum of the ASBOD at a regular or special meeting, or by two‑thirds (2/3) of the eligible regular members of the organization in a regular or special election, such meeting or election being called either by the AS President, or on demand of a petition signed by ten (10) percent of the total regular membership.

SECTION 110

Amendments to these Bylaws become effective immediately upon adoption by ASBOD, certification by the Board Secretary, and the approval of the University President.

SECTION 111

All meetings of the organization shall be conducted according to the latest edition of Robert’s Rules of Order, Newly Revised.

SECTION 112

An up‑to‑date copy of these Bylaws shall be prepared and maintained by the Executive Director’s Office and deposited with an appropriately designated member of the University. The Executive Director’s Office shall, at least once a year, prepare a sufficient number of copies of these Bylaws so that they may be made available to members of the ASBOD and to other interested organizations or individuals.