AUC Student Body Constitution Draft 2

8/6/2019 AUC Student Body Constitution Draft 2

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The American

University in Cairo

Student Body

Constitution


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The American University in Cairo Student Body Constitution

(Modified from the Baylor University Student Body Constitution)

Second Draft May 12, 2011

PREAMBLE

In a post 25th of January Egypt, we the students of The American University in Cairo,

in order to form an effective and efficient self-government serving the collective

interests of the student body, to prepare ourselves for effective living in a democratic

society, and to encourage self-reliance in our search for truth and justice, do establish

and endorse this Constitution for the Student Body of The American University in

Cairo.

STUDENT GOVERNMENT

ARTICLE I: ESTABLISHMENT

SECTION I. The name of the governmental organization under this constitution shall

be The American University in Cairo Student Government.

SECTION II. The membership of this governmental organization shall consist of full

time enrolled students of the University.

SECTION III. The Student Government shall be divided into executive, legislative,

and judicial branches with no branch exercising any power properly belonging to

another branch.

SECTION IV. The branches of the Student Government may create committees,departments and boards as needed. Permanent committees, departments, boards, and

their respective chairs or secretaries shall be subject to a majority approval of the

Student Senate.


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ARTICLE II: LEGISLATIVE BRANCH

SECTION I NAME

The name of the legislative branch shall be: The Student Senate of The American

University in Cairo.

SECTION II POWER, PURPOSE, AND RESPONSIBILITIES

Part 1. All student legislative power herein granted shall be vested in the Senate.

Part 2. It shall be the responsibility of the Senate:

A. To represent the interest of the student body and ensure its welfare.B. To sponsor understanding and dialogue between the administration, the

faculty, and the students;

C. To investigate such matters as are pertinent to the interests of the student bodyof The American University in Cairo;D. To make recommendations to the trustees, the administration, the faculty andstaff, the rest of the Student Government and the students;

E. To disperse funds from the Student Activities Fees according to the StudentSenate By-Laws;

F. To create and maintain and Electoral Code for the conducting of StudentGovernment elections;

G. To take legislative actions by making rules and regulations as may be deemednecessary and proper for the execution of the foregoing responsibilities in

accordance with the Student Senate By-Laws.

SECTION III COMPOSITION

Part 1. The Senate shall consist of a maximum of 60 senators or one senator for every

constituency, whichever greater, elected from the following constituencies:

1. English Language Institute full time undergraduate students2. Undeclared full time undergraduate students3. Declared major full time undergraduate students4. One full time graduate student for every school provided by the Graduate

Students Association

Par 2. The number of students represented by each senator is to be determined

according to the law and must be periodically changed through the legal channels inorder to fit the Senate seat cap.

Part 3. The minimum number of senators will be one per constituency.

SECTION IV QUALIFACTIONS

A Senator shall:

A. Be a full-time student as defined by the University Catalog;B. Have at least a 2.5 cumulative AUC grade point average at the time of their

candidacy. Except for freshmen who have no established grade point average;

C. Sit an exam on this constitution and achieve a good grade as defined by thelaw;


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D. Be in good academic and disciplinary standing; andE. Have attended The American University in Cairo during the semester of their

candidacy.

SECTION V ORGANIZATION

Part 1. Officers

A. The Vice President of the Student Body shall be the President of the StudentSenate. The President of the Student Senate shall preside over the first Student

Senate meeting of the semester. The President of the Student Senate will only

have a vote if the Senate reaches a tie.

B. The Speaker of the Student Senate shall be elected after the spring generalelection from the senators by a majority vote of the Senate as per the Student

Senate By-Laws. The Speaker or the Student Senate shall chair meetings of

the Student Senate.

C. The Senate may create other offices and positions as it deems necessary toperform its duties in accordance with the Student Senate By-Laws.

Part 2. Committees

A. Senators shall be organized into committees in accordance with the StudentSenate By-Laws.

B. Each committee shall be headed by a chair voted upon by the Senate.C. Ad hoc committees may be organized in accordance with the Student Senate

by-Laws.

SECTION VI REMOVAL FROM OFFICE

Part 1. Removal

A. The Senate shall have the power to remove any member of the StudentGovernment for good and sufficient cause as per the law by a vote of three

fourth of the senators present. In accordance with the Student Senate By-

Laws, the accused person shall have the right to be notified of the charges at

least four days before the charges are presented to the Senate. The accused

also has the right to be heard, and to respond to the charges and account for

their actions.

B. In the case of the Student Body President or Vice President the vote of threefourth of the senators present will only lead to a university-wide referendum

where a simple majority of voters will be required to dismiss the Student Body

President or Vice President.

Part 2. Recall

Members of a constituency may recall their senator in the following manner:

A. Either 25% of the students in the constituency or 10 students, whichever more,must sign a petition calling for the recall of the senator and present it to the

Speaker. Constituencies with less than 10 students shall require the petition to

be signed by half the constituency.

B. A constituency wide referendum is then held where a simple majority isrequired to recall the senator.


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C. The procedures in Section VIII must then be followed.SECTION VII RESIGNATION

The resignation of a senator shall be presented in the form of a letter to the Vice

President and shall be effective within one week of receipt. The resigning membershall be held responsible and accountable for their actions in their official capacity

prior to their resignation.

SECTION VIII VACANCIES

A vacancy in the seat of any senator shall be filled in the following manner:

A. The Electoral Commissioner shall call for elections within the affectedconstituencies within seven days of the position falling vacant.

B. Elections must be held within 21 days of the position falling vacant.SECTION IX MEETINGS

Part 1. The Senate shall hold regular weekly meetings in accordance with the Student

Senate By-Laws.

Part 2. All regular meetings shall be open unless the Senate votes to go into closed

session by a two-thirds vote.

Part 3. A majority of the senators shall constitute a quorum. A quorum must be

present before the Senate may go into session.

SECTION X SEPERATION OF POWER

Any legislation designed to enact, repeal, or modify any rules of procedure and

organization of the Student Senate consistent with this Constitution shall be the sole

concern of the legislative branch and shall not require the approval of the Student

Body President.


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ARTICLE III: EXECUTIVE BRANCH

SECTION I COMPOSITION

Part 1. The Executive Branch shall consist of the Student Body President, Student

Body Vice President and the Presidents Cabinet. The Student Body President andVice President shall be known collectively as the Student Body Officers.

Part 2. The Student Body President must appoint a Chief of Staff to oversee the day-

to-day operational affairs of the Cabinet.

Part 3. The Student Body President must appoint a Secretary of the Treasury to head

the Department of the Treasury.

Part 4. The Student Body President may create other Departments and Committees

and appoint Secretaries and Chairs at their pleasure.

SECTION II QUALIFICATIONS

Part 1. A Student Body Officer shall:

A. Be a full time student as defined by the University Catalog;B. Hold no other office in any other organization on campus during their term of

office;

C. Anticipate a minimum classification as a junior upon the beginning of the firstsemester of service as Student Body Officer

D. Have at least a 2.5 cumulative AUC grade point average at the time of theircandidacy;E. Be in good academic and disciplinary; andF. Have attended The American University in Cairo during the semester of their

candidacy

Part 2. A Cabinet member shall:

A. Be a full-time student as defined by the University Catalog;B. Hold no other office in any other organization on campus during their term of

office;

C. Anticipate a minimum classification as a sophomore upon the beginning of thefirst semester of service as Cabinet member

D. Have a 2.5 cumulative AUC grade point average at the time of theirappointment;

E. Be in good academic and disciplinary; andF. Have attended The American University in Cairo during the semester of their

appointment


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SECTION III DUTIES AND POWERS

Part 1. The Student Body President shall:

A. Enforce this constitution;B. With the Student Senate see that all passed legislation be faithfully executed;C. Maintain lines of communication between their office and the student body;

all other branches of Student Government, and members of the faculty, staff

and university administration;

D. Be and official spokesperson and representative of the AUC student body toall AUC constituencies, the public and media, and other colleges and

universities;

E. Be empowered to establish special committees and positions to aid in theexecution of their duty;

F. Be empowered to appoint the following positions:i. Justices and clerks to Student Court with two-thirds approval from the

Student Senate;ii. Attorney General with majority approval from the Student Senate;iii. Student Government Webmaster with majority approval from the

Student Senate

iv. Appoint a Student Government Communications Director withmajority approval from the Student Senate

G. Be empowered to appoint a Chief of Staff;H. Be empowered to appoint members to their Cabinet;I. Coordinate and oversee the functions of the Chief of Staff, Cabinet, and all

special committees, boards, commissions, or departments they may establish;

J. Recommend to the consideration of the Senate such measures they deemnecessary and expedient;

K. Present a Student Government operating budget for review, alteration, andmajority approval of the Senate at the beginning of the academic year;

L. Be empowered to call the Senate into special session;M.Be presented with all bills passed by Senate for approval. The President must

sign or veto a bill within ten calendar days of passage. In the event of a veto,

the bill must be returned to Senate with written objections or specific

recommendations for revisions. Senate may override a presidential veto with a

two-thirds (2/3) vote or may accept the revisions, sustain the veto, and

approve the amended bill by a majority vote. In the event that a bill fails to

receive either a two-thirds majority to override the veto or the majority votesneeded to sustain the veto, the bill shall be considered permanently tabled; and

N. Be subject to the Executive Branch By-Laws.Part 2. The Student Body Vice President shall:

A. Enforce this constitution;B. Serve as the President of the Student Senate;C. Have no vote in the Senate, unless the Senate be equally divided;D. Chair the first Senate meeting of every semester;E. Carry on the duties of the Student Body President during illness or any other

unexpected inability to perform them; andF. Be subject to the Executive Branch By-Laws.


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SECTION IV VACANCIES

Part 1. A vacancy in the office of the Student Body President resulting from

resignation, death, severe illness, impeachment or removal shall be filled by the

Student Body Vice President.

Part 2. A vacancy in the office of the Student Body Internal Vice President shall be

filled by the Speaker of the Student Senate. Any vacancy in the office of the Speaker

of the Student Senate shall be filled by the Senate by election of one of its members.

Part 3. If vacancies in both the offices of Student Body President and Student Body

Internal Vice President result from resignation, death, severe illness, impeachment or

removal occurring in the same happenstance happen more than one month before the

Spring elections, the Speaker of the Student Senate shall serve as Acting Student

Body President. Elections for Student Body Officers must be announced within 7

days and new Student Body Officers must be elected within 21 days. If the vacancies

should occur less than one month before the Spring elections, the Speaker of theStudent Senate shall serve as Acting Student Body President until the elections and

then the Student Body President-elect and Vice President-elect will assume office. If

the vacancies occur after the Spring elections, the Student Body President-elect and

Vice President-elect automatically assume office.

Part 4. All replacements shall serve the remainder of the unexpired term.


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ARTICLE IV: JUDICIAL BRANCH

SECTION I - JUDICIAL BRANCH

The judicial branch of The American University in Cairo student body shall be

referred to as the Student Court.

SECTION II - THE STUDENT COURT

Part 1. COMPOSITION

A. The Student Court shall be composed of one Chief Justice, eight AssociateJustices, one clerk, and one assistant clerk.

B. The officers of the Student Court shall be the Chief Justice and the court clerk.C. The Chief Justice shall appoint one of the Associate Justices as Deputy Chief

Justice to serve as Acting Chief Justice in the absence of the Chief Justice.

D. The Chief Justice, Associate Justices, and the court clerk and the assistantcourt clerk shall be appointed by the President of the Student Body with two-thirds approval of the Student Senate. The President will also appoint the

Chief Justice if the position falls vacant subject with two-thirds majority

approval of the Student Senate.

E. A justice or clerk shall serve a maximum term of two academic years fromsemester of appointment and shall serve no more than two terms.

F. All justices and clerks shall serve the maximum time permitted or they resign,graduate, or are removed from office.

G. Members of the Student Court may be impeached and removed from office bythe Student Senate as provided in Article III, Section 6, of The American

University in Cairo Student Body Constitution.

H. A Chief Justice, Associate Justice, or Court Clerk, will:1. Have attended The American University in Cairo for two complete

semesters prior to appointment.

2. Have a minimum grade point average of 2.5.3. Not be a member of any other branch of Student Government.4. Sit an exam on this constitution and achieve a good grade as defined by

the law

I. The Assistant Court Clerk must meet the above qualifications, but they may beappointed during their first semester at AUC.

J. All justices shall have equal votes.Part 2. JURISDICTION

A. Original jurisdiction of the Student Court shall include disputes arising over:1. Interpretation of the constitution.2. Interpretation of constitutional amendments.3. Interpretation of all legislation signed into law.4. Disputes and controversies involving:

a. Student(s) against a student organization.b. A student organization against a student(s)c. A student organization against another student organizationd. Student(s) against student(s) not involving matters falling under the

jurisdiction of the university administration.


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5. Charges of violations of the constitution, constitutional amendments orother legislation passed by the Senate and signed into law.

6. Cases that are referred by staff appointed by the Vice President of StudentAffairs or the Vice President themselves.

B. Appellate jurisdiction of the Student Court shall include substantive orprocedural disputes arising over all committees and boards created by thisconstitution or the Student Government.

Part 3. IMPLIED POWERS

1. The Student Court shall have the power to issue charges, subpoena, andorders.

2. The Student Court shall have the power to rule on any proceduraldecisions that are necessary to carry out its duties within the limits of its

jurisdiction.

3. A students failure to comply with the contents of the documents issued bythe court will result in that student being in violation of a disciplinarypolicy of the university. Such students will be referred to the Vice

President of Student Affairs to face further disciplinary procedures.

SECTION III - PROCEDURES

Part 1. PROCEDURE OF COMPLAINT AND NOTIFICATION

A. All actions against any party will begin by filing a written complaint to theStudent Court.

B. A complaint shall consist of the specific charge. Complaints with questions ofwording shall be interpreted to the benefit of the accused.

C. Within five working days after a complaint has been filed, the Student Courtshall meet, to determine whether a hearing is warranted. In instances where

authorization of the Vice President of Student Affairs is necessary, the Court

shall seek to procure such in order to proceed with the hearing of the case.

D. If a hearing is warranted and authorized, the court clerk shall notify in writingthe victim/complainant and the accused of the basis of the alleged violation;

the date, time, and place the violation allegedly occurred; the nature of the

evidence upon which the complainant will rely; and the date, time, and place

at which a judicial hearing will meet to determine if a violation has occurred.

The accused will also receive a copy of the "Student's Rights Afforded by

Student Court Due Process," as hereinafter provided.

E. A Justice may recuse themselves from a case if he or she feels that theirrelationship to the case may bias their decision. A Justice cannot be coerced

to recuse themselves. It must be done within their own volition; however, the

Chief Justice can recommend that a Justice recuse themselves. A Justice

cannot be recused if he or she has made any comments regarding the case

following the commencement of the hearing.

Part 2. STUDENT'S RIGHTS AFFORDED BY DUE PROCESS

A. Right to a notice in writing of all charges.B. Right to appear in person at the hearing or not appear with assurance that

failure to attend shall not be construed as being indicative of beingresponsible.


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C. Students may choose to admit responsibility or deny responsibility for thecharges brought against them.

D. Right upon request to receive a list of all witnesses who will appear.Witnesses not listed may not be used at the hearing unless all parties are

notified within one working day of the addition of a witness to the list. This

must be authorized by the Chief Justice.E. Right to call witnesses and present witnesses on one's behalf. Witnesses must

have first-hand knowledge of the incidents relating to the case. Character

witnesses are specifically prohibited from attending any portion of the hearing.

Students may not appoint individuals to represent them.

F. Right to choose whether to testify on one's behalf.G. Right to have access to all relevant information and all evidence.H. Right to present written, notarized briefs.I. Right to receive a written copy of the decision as rendered by the Court.

Students are also able to inquire and review all documents as it relates to them.

J. Right to appeal.Part 3. JUDICIAL HEARING

The procedure for judicial hearings shall be as follows:

A. Pre-hearing Phase:1. Documents

The following must be submitted to the Student Court at least five working

days before the scheduled hearing:

i. A list of witnesses appearing on behalf of both victim/complainantand accused.

ii.

A brief which outlines the issues, facts, and desired resolution. Abrief shall be filed by all parties. The brief must conform to the

style guide provided by the Court.

2. AttendeesThe following is a guideline for who may attend a hearing:

i. All nine Justices;ii. Court Clerk;iii. Assistant Court Clerkiv. Victim/Complainant;v. Accused;vi. Witnesses as indicated on list submitted by both parties (Only one

witness may be present at the time. A witness may not hear thetestimony of another witness unless authorized by the Chief

Justice);

vii. Other individuals as authorized by the Chief Justice.viii. Attorneys are expressly forbidden from participating in the judicial

hearing.

ix. The Chief Justice reserves the right to remove any person who isdisruptive or impedes the Courts proceedings.

B. Hearing Phase:1. Upon calling the hearing to order, the Chief Justice shall introduce the

victim/complainant and the accused.


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2. The accused shall be called upon to admit or deny responsibility. If theaccused denies responsibility, the hearing shall proceed. If the accused

admits responsibility, the case shall move onto the judgment phase.

3. The victim/complainant may deliver the opening statement followed by anopening statement by the accused.

4. Each witness shall testify under oath (hereinafter provided for and to begiven by the court clerk) and shall remain under oath for each examinationand cross-examination given during the course of the hearing.

5. The victim/complainant shall call and examine witnesses in any order heor she chooses. The witnesses may be questioned by the accused at this

time. The accused may then call and examine witnesses in any order.

These witnesses may be questioned by the victim/complainant. Closing

arguments shall first be delivered by the accused and then the

victim/complainant. All justices may ask questions, provided questions are

recognized by the Chief Justice. The Chief Justice may declare any

questions irrelevant to the current line of questioning.

6. Written statements by absent witnesses will be admissible as evidenceonly if the court determines that good cause is shown. Prior to the hearing,

these written statements shall have been notarized by the Court Clerk.

These statements shall be entered as testimony and shall be read aloud, if

feasible, by the Court Clerk. The court shall take into consideration that

cross- examination is not possible.

7. The accused may testify under oath in their own behalf. If the accusedappears as a witness, the accused is subject to cross- examination;

however, the accused may decline to answer any or all questions, as it may

be self-incriminating.

8. The accused's prior record(s) from any prior hearing shall be inadmissibleas evidence to prove responsibility. However, if found responsible, the

same records may be used to determine sanctions that may be applied to

the respective party.

9. The accused shall be presumed innocent until proven responsible. Theburden of proof rests with the victim/complainant.

10.In the judicial hearing, the Student Court, after private deliberation, shallhave the right to exclude evidence which is deemed irrelevant, immaterial,

unduly repetitious, or illegally obtained.

11.The Student Court shall have the authority to declare an individual incontempt of court for an action which impedes the court's proceedings.

Any student found in contempt of court shall be referred to the deanresponsible for student judicial affairs. Non-student(s) found in contempt

of court will be asked to leave the campus immediately.

12.The Court Clerk shall be responsible for keeping all records on file, underlock in the Student Court office. In the event of an appeal, the Chief

Justice shall forward all appropriate records concerning the hearing to the

relevant parties (who make a request) as acknowledged by the constitution

within two working days. All records shall be maintained and released.

13.The Chief Justice shall be responsible for maintaining proper decorumduring the hearing and shall do so by whatever means deemed appropriate

within the bounds of jurisprudence.


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Part 4. STANDARD OF PROOF

A. The Student Court shall use the preponderance of the evidence standard ofproof in determining whether or not the accused has committed a violation. A

preponderance of the evidence presented at a hearing means such evidence as,

when considered and compared with compared with that opposed to it, has

more convincing force and produces in the minds of the members of the

judicial hearing belief that the alleged violation more likely occurred than not.

B. If a majority of the justices votes that a preponderance of the evidencesupports the allegation, the Student Court shall render a decision that the

accused is responsible. If less than a majority of the justices votes that a

preponderance of the evidence supports the allegation, the hearing committee

shall render a decision that the allegation was not substantiated.

Part 5. DECISIONS

A. All court decisions must be in writing, must state the basis for the decision(s),and must be kept on file in the Student Courts office or a copy must be kept

online on the Student Court section of the Student Government website.

B. The court clerk shall send one copy of each decision by certified mail orelectronic certified mail to the accused, and the Vice President of Student

Affairs. For cases referred to the Court by the Vice President of Student

Affairs, the decision shall be sent to the Vice President only, who would notify

the relevant parties.

C. A Chief Justice and/or any Associate Justice may dissent from the decision ofthe Court. This dissent shall be in writing, stating the basis for such

disagreement. Dissents shall become a part of the record for seven years.

D. All decisions shall be rendered within five working days after the adjournmentof the hearing.

E. A minimum of five justices, excluding the Chief Justice, is required to hold ahearing and a judicial hearing.

F. All decisions shall require a majority vote of the justices present at the hearingand a judicial hearing.

G. A voting member who is not disqualified may not abstain from voting.Part 6. SANCTIONS

A. Sanctions which may be recommended to the Vice President of StudentAffairs:

1. Oral reprimand2. Written reprimand3. Suspension of the individual's participation in student co-curricular

activities for a specified time.

4. Suspension of the student organization from co-curricular activities for aspecified time.

5. Restitution or reimbursement.6. Other sanctions listed in the university policies and procedures deemed

appropriate by the Vice President of Student Affairs.


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7. Other appropriate sanctions deemed appropriate by the Vice President ofStudent Affairs but not listed in the AUC Student Handbook.

B. These sanctions shall be decided upon by the Student Court and shall beincluded with the decision in writing.

C. Students failing to complete or abide by sanctions of the Student Court shallbe referred to the office of Judicial Affairs.

Part 7. CODE OF ETHICS

A.No case or pending case before the Student Court shall be mentioned,commented upon, or discussed in any manner by any justice, except when

information is required by those officials presiding over the appeals process.

The proceedings of the Student Court are confidential. Any court justice who

violates this rule of confidentiality may be removed by a three-fourths vote of

Student Senate and approval by the Student Body President and the President

of the University, as stated in Article III, Section 6, of the student body

constitution.B. A justice shall not participate in Student Government or Student Senatepolitical campaigns.

C. A justice shall disqualify themselves from any case that involves parties whomay improperly influence him or her. The court adviser may, upon petition by

either party, disqualify a justice if he or she believes clear conflict of interest

exists.

Part. 8 APPEAL OF IMPOSITION OF SANCTIONS

A. A student against whom sanctions have been imposed may, if he or she feelsthat the sanctions are arbitrary or capricious, ask the Vice President of Student

Affairs to modify or suspend the sanctions, and the Vice President of Student

Affairs shall consider the request. If the student is dissatisfied with the

response of the Vice President of Student Affairs, he or she may ask the

University President to consider the request. In such a situation, the President

shall review the record of the hearing, and confer with the Vice President of

Student Affairs and, based upon this review, decide to:

1. Let the sanction stand.2. Modify the sanction or impose a different sanction.3. Suspend the sanction.

B. The decision of the President as to the appropriateness of the sanction is final.Part 9. OATH OF A WITNESS

The court clerk will ask the witness to raise their right hand and administer the

following oath:

"Do you solemnly swear that the testimony which you are about to give is the truth,

the whole truth, and nothing but the truth, with this oath being taken fully realizing

that perjury might result in action being taken against you in this court?"

The witness will receive the oath by replying, "I do solemnly swear."


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Part 10. OATH OF A STUDENT JUSTICE

All justices shall take an oath of office. The oath shall be taken at the first Student

Court meeting immediately following appointment by the Student Body President and

the ratification by the Student Senate. An incoming Chief Justice shall take the oath

from the outgoing Chief Justice. The justice shall raise their right hand and repeat thefollowing:

"I do solemnly swear that I will work to the best of my ability as a justice of the

Student Court, that I will observe the code of ethics and adhere to and uphold the

constitution and code of laws, and that I will always be mindful of the interest of

parties before me and the interest of the University community."

Part 11. ATTENDANCE POLICY

A. A court justice must turn in a written reason for absence to the clerk, eitherprior to the absence or within one class day of the absence.

B. Absences will be recorded by the clerk as excused or unexcused. An excusedabsence will only be recorded in the following instances:

1. An illness2. A family tragedy3. A University excuse4. An exam or lab that occurs in direct conflict with the meeting time.5. Other absences as approved by the court.

C. Unexcused absence to three scheduled court meetings during any givensemester may result in removal of the member by a three-fourths vote of

Student Senate and approval by the Student Body President.

D. Using the criteria for determining an unexcused absence, the clerk willdetermine whether the absence is excused or unexcused. In a case of

uncertainty, the absence will be brought before the Student Court for review.


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ARTICLE V ELECTIONS

SECTION I - DATES AND PROVISIONS

There shall be two student government elections held during each school year. A

school year is defined as the period of time beginning on the first day of class of the

fall semester and extending to the first day of class the succeeding fall semester.

Part 1. One election shall be held between 7 and 21 days after the beginning of the

school year. This election shall be referred to as the fall election. At this time,

Freshmen Senators will be elected.

Part 2. Another election shall be held between 7 and 21 days after the end of the

spring break. At this time, Senators and Student Body Officers will be elected.

Part 3. The Senate may make provisions for the election of additional Student

Government positions at either of the elections. The Senate may also provide forspecial elections as circumstance may warrant. Both of these provisions shall require

a two-thirds vote for approval and shall only apply to the one election for which this

special action is necessary.

SECTION II CONSTITUENCY

All persons elected to a Student Government position shall be a member of the

constituency which they were elected to represent.

Part 1. A person elected to a position representative of a major shall be a member of

that major.

Part 2. The Senate shall establish qualifications for other positions not addressed in

the preceding paragraph of this section.

SECTION III - VOTES FOR ELECTION

A. All Student Government positions shall be decided by a simple majority of thevotes cast in each respective race.

B. In the event that no single candidate or ticket receives a simple majority of thevote, a runoff election shall be held within three working days of the election

date between the two candidates or tickets receiving the most votes.

SECTION IV - TERMS OF OFFICE

Part 1. All Student Senate positions elected in the fall shall begin their terms of office

at the first Senate meeting following their election and serve until the end of the last

Senate meeting of the spring semester of that academic year.

Part 2. All Student Senate members elected after spring break shall begin their terms

of office at the end of the last Senate meeting of the spring semester and shall serve

until the end of the last Senate meeting of the spring semester of the succeeding

school year.


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Part 3. The terms of office for all student body officers shall begin on the first day of

class of the first summer school session immediately following their election and shall

extend to the first day of class of the first summer session of the following school

year.

Part 4. Any person appointed or otherwise delegated to fill a vacancy in a StudentGovernment office shall serve the remainder of the term of that office.

Part 5. Service in the capacity of Student Senator shall be limited to five years. In the

event a Senator holds office for only one semester of a given academic calendar, such

service shall count towards one year of the aforementioned eligibility. Such service

pertains only to the capacity of Student Senator and excludes alternative Student

government offices or appointments.

SECTION V - INAUGURATION OF EXECUTIVE OFFICERS

Part 1. The executive officers shall be sworn in within two weeks after the election ata time and place seen fit by the electoral commission.

Part 2. The Chief Justice of the Student Court shall administer the oath of office.

Part 3. The Chief Justice shall administer the oath of office to the student body

officers and the oath shall be as follows:

"I solemnly swear that I will faithfully execute the office of Student Body (President,

Vice President), and will to the best of my ability uphold the Constitution of The

American University in Cairo Student Body, so help me God."

Part 4. Any members of Student Government appointed or elected outside of the usual

process shall be sworn in within two working days following confirmation by Senate.

Part. 5. The Student Body President shall administer the oath of office to the

confirmed members of the executive branch and the oaths shall be as follows:

A. Attorney General"I solemnly swear that I will faithfully execute the office of Attorney General,

I will act as an advocate on behalf of Student Government, and will to the bestof my ability uphold the Constitution of The American University in Cairo

Student Body, so help me God."

B. Webmaster"I solemnly swear that I will faithfully execute the office of Webmaster, I will

be responsible for the development, management, and maintenance of the

technological resources used by Student Government, and will to the best of

my ability uphold the Constitution of The American University in Cairo

Student Body, so help me God."

C. Communications Director


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"I solemnly swear that I will faithfully execute the office of Communications

Director, I will act as a spokesperson and public relations representative on

behalf of Student Government, and will to the best of my ability uphold the

Constitution of The American University in Cairo Student Body, so help me

God."

D. All Other Executive Staff"I solemnly swear that I will faithfully execute the office of (Chief of Staff,

Cabinet Member, etc.), and will to the best of my ability perform my duties

and uphold the Constitution of The American University Student Body, so

help me God."

SECTION VI INAUGURATION OF SENATORS

Part 1. Newly elected senators shall be sworn in at the first senate meeting following

their election.

Part 2. The President of the Student Senate shall administer the oath of office to the

Student Senate representatives, and the oath shall be as follows:

"I solemnly swear (or affirm) that I will faithfully execute the office of Student Senate

Senator, and will, to the best of my ability, uphold the Constitution of The American

University in Cairo Student Body, so help me God."


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ARTICLE VI: SEPARATION OF POWERS

SECTION I. The Student Government shall be divided into executive, legislative and

judicial branches with no branch exercising any power properly belonging to either of

the others.

SECTION II. Any legislation designed to enact, repeal, or modify any rules of

procedure and organization of The American University in Cairo Student Senate

consistent with this constitution shall be the sole concern of the legislative branch and

shall not require the approval of the Student Body President.

ARTICLE VII: BY-LAWS

SECTION I. The Student Senate and the Executive Branch shall adopt by-laws that

shall not conflict with this constitution.

SECTION II. Such by-laws as shall be deemed necessary and proper for the conductof business shall be adopted by a majority vote of the Student Senate.

SECTION III. Revision, amendment, and repeal of bylaws shall require a two-thirds

vote of the Student Senate.


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EXTRA-CURRICULAR ACTIVITES

ARTICLE VIII: STUDENT GROUPS

SECTION I DEFINITION

Student Groups shall be hereby defined as formal organized bodies that are not

financed by the university in any way.

SECTION II FORMATION

Part 1. A minimum of nine founding members is required to establish a Student

Group.

Part 2. Student Groups will be made official upon notifying the proper university

offices.

Part 3. The formation of Student Groups shall not need university approval.

Part 4. Student Groups may have a faculty adviser but are not required to do so.

SECTION III RIGHTS AND RESPONSIBILITIES

Part 1. Student Groups shall enjoy all rights given to individual students in this

constitution.

Part 2. Student Groups are obliged to abide by laws and regulations of AUC.

Part 3. Student Groups may not engage in any financial activities.

ARTICLE IX: STUDENT ORGANIZATIONS


Student Groups shall be hereby defined as formal organized bodies that are financed

through the Student Activities Fees.


Part 1. A minimum of nine founding members is required to establish a Student

Group.

Part 2. Student Groups will be made official upon notifying the proper university

offices and providing by-laws that must include:

A. Organization nameB. Mission StatementC. Membership Requirement and Obligation


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D. Management HierarchyE. Decision Making PolicyF. Leadership Appointment SystemG. By-laws Amending Procedures

Part 3. The formation of Student Organizations shall not need university approval.

Part 4. Student Groups must have a faculty adviser.

SECTION III RIGHTS AND RESPONSIBILITIES

Part 1. Student Organizations shall enjoy all rights given to individual students in this

constitution.

Part 2. Student Organizations are obliged to abide by laws and regulations of AUC.

Part 3. Members of Student Organizations and their families are not allowed to make

any financial contribution from their own property to Organizations in which they are

enrolled. Organizations that would receive any financial subsidy from its members or

its members families shall be held responsible for this violation as well as individual

members whom the subsidy came through.

Part 4. Student Organizations shall receive at least 35% of the Student Activities Fee

to be regulated by the Student Senate through the appropriate Senate committee in

accordance with the law.

Part 5. Student Organizations shall be allowed to seek external funding through

sponsorships and advertisements as per the law.

ARTICLE X: STUDENT PUBLICATIONS


Student Publications shall be hereby defined as publications run, edited and produced

by students. The types of student publications are:

A.Newspaper labs: publications that function under the auspices of an academicdepartment in order to provide students with journalistic training. Newspaper

labs are not governed by this constitution

B. Student Government publications: publications owned by the StudentGovernment in order to communicate with the rest of the student body.

C. Student Organization publications: publications owned by StudentOrganizations to promote the Organization, aid in recruitment or promote the

cause of the Organization.


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D. Independent publications: publications not affiliated to any StudentOrganization, the Student Government, and academic department or a

university office.


A. Student Government publications shall be formed and run according to thecorresponding law or by-laws.

B. Student Organization publications may be formed and printed at the pleasureof the Organizations governing body.

C. Independent publications shall be formed in accordance with the law.SECTION III RIGHTS AND RESPONSIBILITIES

Part 1. Student Groups shall enjoy all rights given to individual students in thisconstitution.

Part 2. Student Publications are obliged to abide by laws and regulations of AUC.

Part 3. Student Publications shall have a faculty adviser.

Part 4. Student Publications shall have governing by-laws.

Part 5. Student Government and Organization Publications shall receive funding from

their respective owners. Independent publications shall receive at least 15% of the

Student Activities Fee to be regulated by the Student Senate through the appropriateSenate committee in accordance with the law.

Part 6. Student Publications shall be allowed to seek external funding through

sponsorships and advertisements as per the law.


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STUDENT RIGHTS AND RESPONSIBILITIES

ARTICLE XI: THE CLASSROOM

Instructors giving lectures in the classroom and in conference halls must always

encourage free discussion, expression, and inquiry with the students. Studentperformance must be evaluated solely on classroom and academic performance. Other

factors such as opinions or conduct of students in matters unrelated to academics are

shall not determine students grades. Students have the responsibility to fulfill

standards and requirements implemented by the University community for courses

and degree programs.

Part 1. PROTECTION OF FREEDOM OF EXPRESSION

Students shall be free to express reasoned and orderly exception to data or views

offered in any course of study and to reserve judgment about matters of opinion with

the understanding that the student is responsible for maintaining standards of soundscholarship. Students also have the responsibility to represent fairly the views

expressed by their professors, guest speakers, and administrators.

Part 2. PROTECTION AGAINST IMPROPER ACADEMIC EVALUATION

Students shall have protection through orderly procedures established by university

against prejudiced or capricious academic evaluation.

Part 3. PROTECTION AGAINST IMPROPER DISCLOSURE

Information about student views, beliefs, and political associations which professors

acquire in the course of their work as instructors, advisers, and counselors is regarded

as confidential. Protection against improper disclosure is a serious professional

obligation. Judgments of ability and character may be provided under appropriate

circumstances.


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ARTICLE XI: STUDENT RECORDS

Students have the right to access their own official records. The written consent of the

student must be received before personally identifiable data is released from the

students records to any party other than the exceptions specified below.

While the university is authorized under the United States Family Educational Rights

and Privacy Act of 1974 to release directory information about students, AUC does

not publish a student directory. Student information is subject to release by the

university unless the university has received prior written objection from the student

specifying information that the student requests not to be released. Such written

objection should be submitted to the Office of the University Registrar.

AUC is authorized to provide access to student records to campus officials and

employees who have legitimate educational interests in such access. These persons

are those who have responsibilities in connection with the academic, administrative,

or service functions of the university and who have reason for using student records

connected with their academic or other university responsibilities. Disclosure may

also be made to other persons or organizations under certain conditions (e.g. as part of

an accreditation or program evaluation; in response to a court order or subpoena; in

connection with financial aid; or to US institutions to which the student is

transferring).


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ARTICLE XII: STUDENT AFFAIRS

SECTION I FREEDOM OF ASSOCIATION

A. Students are free to gather in any official or unofficial context and have theright to start or join Student Groups, Organizations and Publications as per the

law.

B. The policies, activates and membership of a Student Group, Organization orPublication shall be determined by members of the Group, Organization or

Publication as per the law and the Group, Organization or Publications by-

laws.

C. Student Groups, Organizations and Publications are free to choose theirfaculty adviser provided the adviser holds full time status.

D. Student Groups, Organizations and Publications shall not makediscriminations with respect to religion, race, creed, or national origin in the

determination of its membership.

SECTION II FREEDOM OF EXPRESSION

Part 1. RIGHT TO PROTEST:

On the AUC campuses, without prior approval, student may distribute printed

material, offer petitions for signature and make speeches outside university buildings.

Protests and demonstrations are also permitted without prior approval, but require

prior notification to the university. All such activities must be peaceful and avoid acts

or credible threats of violence. No event shall infringe upon the rights or privileges of

anyone not in sympathy with it, and no one will be permitted to harm others, damage

or deface property, block access to university buildings or disrupt classes.

Part 2. OUTSIDE SPEAKERS:

Student Groups, Organizations or Publications that sponsor invited guests to campus

are expected to uphold AUCs educational mission by planning carefully to create

safe and thoughtful experiences for those involved. Those who exercise their right to

freedom of expression serve the AUC community by accepting the responsibilities

associated with this right.

If government officials will be invited, AUCs Office of the President should be

notified. Hosts are responsible for the behavior of their guests and should exercise duecare to ensure that all participants abide by relevant university policies. Individuals

are responsible for educating themselves on applicable laws relating to free

expression.

Part 3. LOGISTICS:

Consistent with the rights and responsibilities outlined in the universitys policy on

freedom of expression, university hosts must follow all applicable policies related to

space reservation, use, safety and security.


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SECTION III FREEDOM OF PRESS

A. Editors of the student press shall be free to develop their own editorial policiesand news coverage.

B. Editors of the student press shall be protected from arbitrary suspension andremoval because of student, faculty, administrative, or public disapproval ofeditorial policy or content.

C. Student Publications should explicitly state on the opinions pages that theopinions there expressed are not necessarily those of the university

administration or student body

SECTION IV RIGHTS OF CITIZENSHIP OF CAMPUS

No student shall be subject to institutional disciplinary actions based on their excising

their right of citizenship off campus. The right of citizenship includes political and

social participation and activism.


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ARTICLE XII: AMENDMENTS

SECTION I. Any proposed amendment passed by a two-thirds majority in the Senate

shall be voted on by the student body in a university wide referendum.

SECTION II. The student body may exercise the right of constitutional initiative bysubmitting a petition. The petition must contain signatures equal to 25% of the student

body. Upon validation of the petition by the Electoral Commission, the proposed

amendment shall be voted on by the student body in a university wide referendum.

ARTICLE XIII: RATIFICATION

SECTION I. Having been approved by a simple majority of the votes cast by the

student body, this constitution and all legislation properly enacted hereunder, shall

become effective immediately and shall supersede all provisions of the Student

Government.

SECTION II. All existing legislation not in conflict with this constitution shall remain

in full force until expressly repealed.

SECTION III. The Student Senate shall have responsibility for enforcing this

constitution and may enact legislation (and bylaws) as necessary to fulfill this

mandate.

SECTION IV. The transition to this Constitution from the 2004 Permanent

Constitution of the General Assembly shall be regulated by a transition law to be

drafted by the Senate after this Constitution gets passed in the Student Senate.