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Students' Association

Students' Association Bylaws

Updated Feb. 17, 2023

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Note: This web version of the Students' Association Bylaws contains a slightly different reference system than other print and PDF versions of the Bylaws due to limitations with how HTML handles multi-level outlines and numbered lists. Second- and third-level list items are listed using numbers instead of letters, or vice versa. For example: Article V, Section 3, subsection A appears in this version as Article V, Section 3, subsection 1. For further example: Article V, Section 3, subsection D, paragraph 2, line B appears in this version as Article V, Section 3, subsection 4, paragraph B, line ii. We apologize for any inconvenience.

Please contact SDSU SA Chief of Staff with any questions or to obtain a PDF version of the Students' Association Bylaws.

Preamble

We, the students of South Dakota State University, in order to establish a self-governing student body, and to promote the best interests of the students and the entire University, do set forth these Bylaws.

Article I. Name

The name of this organization shall be the South Dakota State University Students’ Association, hereafter referred to as the Corporation.

Article II. Purpose

Section 1. To govern in the best interests of the students, direct student organizations within the University’s purpose and structure, and represent the students before the University community and the citizens of the State of South Dakota, subject to the rules established by the Board of Regents of the State of South Dakota.

Section 2. To review bylaws and constitutions for all student organizations and to review proposed new bylaws and constitutions. These groups shall include but not be limited to student organizations and all branches of the Students’ Association.

Section 3. To manage, direct and oversee the operations of student owned and/or funded facilities and programs.

Article III. Membership

Section 1. All general activity fee-paying students of South Dakota State University shall be members of the Corporation.

Section 2. The Corporation shall not discriminate in any manner against any individual because of age, race, ethnicity, color, creed, religion, sex, gender identity, ancestry, disability, national origin, nationality, sexual orientation, socioeconomic status, marital status or veteran status.

Article IV. Executive Branch

Section 1. Officers

  1. Elected Officers: The elected officers of the Corporation shall be the Corporation President and Vice President.
  2. Appointed Officers: The appointed, non-elected officers shall be:
    1. Chief of Staff
    2. Finance Chairperson
    3. Government Affairs Chairperson
    4. Communications Chairperson
    5. Diversity Chairperson
    6. Other positions may be created by the elected officers with Senate consent.
  3. Eligibility
    1. At the time of the election, the Corporation President, Vice President and appointed officers of the Corporation must fulfill and maintain the following requirements and maintain them throughout the term.
      1. Must be registered in at least six (6) credits at SDSU per semester.
      2. Must hold a minimum cumulative grade point average of 2.5 on a four-point scale.
      3. Must be in good conduct standing with the University. Individuals not in good conduct standing have at least one (1) current finding of responsibility with a sanction(s) greater than a warning but remain in good conduct standing if they have findings of responsibility with sanction(s) equivalent to or lesser than a warning.
    2. Candidates for the offices of President and Vice President must have completed two full academic semesters as a full time student with SDSU or have completed one (1) semester on the Senate.
  4. Multiple Offices: No officer shall hold more than one office concurrently.
  5. Multiple Terms: Any officers may serve more than one (1) term if re-elected or re-appointed.
  6. Training of Successors: All officers shall be responsible for training their successors at no extra cost to the Corporation.
  7. Simultaneous Office: Candidates for Corporation President and Vice President may not be candidates for the Senate at the same time and cannot hold both offices simultaneously.
  8. Attendance: All elected and appointed officers are required to attend all regular Senate and Board of Directors meetings. More than three (3) unexcused absences shall be grounds for removal. All excused absences must be approved by the President or, in the case of a Presidential absence, by the Board of Directors. Removal shall follow procedures outlined in Article V, Section 3, subsection H.
  9. Office Hours: In order to receive compensation, all elected and appointed officers shall be required a minimum of fifteen (15) hours per week in the Senate office. Officers shall serve their hours in the office or at meetings where Senate-related business is being conducted.

Section 2. Elections

  1. Term of Office: Both elected officials shall hold office for the term of one (1) year beginning on Monday two meetings following the election in the year they were elected and lasting until the Monday two meetings following the election of the following year.
  2. Nominations
    1. The Senate shall open slate nominations for the offices of President and Vice President in a meeting not later than the fifth week preceding the Corporation election.
    2. Nominations for a slate consisting of the presidential candidate and the vice presidential candidate shall remain open for a period of three (3) meetings.
    3. Nominations shall close at a Senate meeting no later than two (2) weeks preceding the week of the election.
    4. During the nomination period, nominations can be made at a Senate meeting by a Senator making a motion and receiving a second.
    5. A slate may also enter the race by filing a petition signed by 5% of the members of the Corporation.
    6. A petition is due at the same time as petitions for the Student Senate.
  3. Election Scheduling and Administration
    1. The Senate Board of Directors shall set the election by January 1 of each year.
    2. The Students’ Association shall publish the election dates in the corporation newspaper following the decision of the board.
    3. The election date(s) shall not be earlier than the second Friday in March nor later than the first Friday in April.
    4. The election shall be administered by the Board of Directors acting as the election steering committee.
    5. All candidates shall abide by the election procedure and guidelines as laid out in Article IV, Section 2, subsection J.
  4. Election Results
    1. The slate receiving a plurality of votes cast shall be elected.
    2. If no slate receives thirty percent (30%) or more of the votes cast, or if the election ends in a tie, a run off election shall be held within one (1) academic week between the two (2) slates with the most votes.
  5. Write-in Votes: Write-in votes shall be considered void.
  6. Withdrawal
    1. To withdraw, a slate must submit written notice to the Corporation Vice President.
    2. Withdrawal of a slate shall be published in the Corporation Newspaper by the Board of Directors.
  7. Vacancies
    1. In the event of a vacancy in the office of President, the Vice President shall assume the duties of President.
    2. In the event of a vacancy in the office of Vice President, the President shall appoint a Vice President with approval by two-thirds majority vote of the total Senate membership.
    3. Upon simultaneous vacancy, the Senate shall elect a person to fill the office of President for the remainder of the term by a two-thirds majority vote of total Senate membership. The election will take place within two (2) weeks of the vacancy. The Chief of Staff shall chair the Senate meeting until such an election is conducted.
  8. Removal by Senate
    1. In the event that an officer no longer meets eligibility requirements or duties outlined in the Bylaws, they may be removed by the Senate.
      1. The Board of Directors shall investigate the allegations and shall recommend action to the Senate.
      2. If the Board of Directors recommends removal, a vote of three-fourths of the total membership of the Senate shall be required for removal.
      3. Advisors will be responsible for monitoring eligibility requirements.
  9. Removal by Election
    1. Petition
      1. Upon submission of petitions to the Senate calling for the removal of either elected officer and bearing the signatures of not less than ten percent (10%) of the members of the Corporation, the Senate shall set a date for a special recall election to be held not less than two (2) weeks and not more than four (4) weeks after the receipt of the petitions.
      2. A two-thirds vote of the Corporation members voting shall be necessary to remove either elected officer.
    2. Senate Vote
      1. Upon three-fourths vote of the total Senate membership, the Board of Directors shall set up a special election as outlined in Article IV, Section 2, subsection I, paragraphs 1 and 3, for the removal of either elected officer.
      2. Such a measure may not be vetoed by the Corporation President.
    3. Scheduling of Removal Elections
      1. The special election may not be held during the summer session nor during periods when classes are not in session.
      2. Notice of the elections must be published in the Corporation Newspaper at least one (1) week prior to the election.
  10. Campaign Guidelines: The Corporation Senate shall maintain the following Campaign Guidelines and Grievance Procedures in all Corporation Election Applications.
    1. Campaign Materials
      1. Wearable campaign materials cannot be within fifty (50) feet of polling stations.
      2. Posters must be displayed in accordance with the campus posting policy.
      3. Campaign posters and materials may not use the official Corporation logo.
      4. Campaign posters must include “Sponsored by Students’ Association”.
      5. Any materials purchased by Student Fee dollars may not be utilized for campaign purposes.
      6. Candidates may not use the Corporation name to reserve meeting rooms or Union Main Street tables for any campaign purpose.
    2. Displaying Campaign Materials
      1. All campaign materials must be displayed in accordance with campus policy. Should posters or signs not be in compliance with campus policy, they may be removed.
      2. A special bulletin board will be set up in the Main Street of the University Student Union for campaign posters. The board will be provided by the Corporation by the time Student Senate petitions have been validated.
      3. An official ballot photo will be taken of all candidates by Corporation personnel for use on the official ballot. If a candidate fails to take a photo prior to the election, their name will not have an accompanying photo on the ballot.
      4. Chalking is allowed on sidewalks, but not under awnings or any surfaces that would not be touched by rainwater.
      5. QR codes on campaign material must correctly lead users to the site they claim to represent.
    3. Candidates and Campaign Materials
      1. Presidential, Vice Presidential and Senatorial candidates are allowed inside the polling stations; they may wear campaign t-shirts. Candidates are prohibited from loitering inside the polling station as designated by the fifty (50) foot markers.
      2. Neither candidates nor their campaign volunteers may set up their own polling locations or use computers while in the presence of voters to gain an unfair advantage.
      3. Candidates are responsible for all campaign volunteers and their actions.
      4. Campaign volunteers participating in efforts to support their candidates are prohibited from being within fifty (50) feet of the polling station entrance, which will be marked on election days.
    4. Campaign Finances
      1. Candidates may spend up to but not exceed $2,500 for campaign expenditures, not including the receiving of in-kind donation
      2. The limit for campaign expenditures shall be received every two (2) years at the beginning of the fall semester by the Election Steering Committee.
      3. Receipts for all campaign donations and expenditures shall be reported to the Election Steering Committee at least five (5) working days before the election.
        1. Any changes to campaign finance information must be submitted within five (5) working days after the election.
        2. This information will be available to the public upon request to the Election Steering Committee Chair.
        3. The Election Steering Committee shall meet at least five (5) class days before and five (5) class days after the election in order to review campaign receipts for all candidates and ensure that they comply with the campaign expenditure limit before the election.
        4. If any candidate's receipts are found to exceed $2,500, they shall be required to meet with Student's Association Senate Advisors within two (2) class days of discovery in order to determine appropriate subsequent actions. Such actions may include the following:
          1. No action, request formal apology from offender(s), redo election, elimination of offender(s)' ticket or other actions deemed suitable by the grievance committee.
    5. Debate
      1. A formal debate may be organized for Presidential slates after nominations and petitions have been closed. Details will be provided to all candidates at least one (1) week prior to the debate.
      2. Formal debates may be organized for senatorial races.
    6. Election Grievance Procedures: The Students’ Association maintains a formal grievance procedure for settling election discrepancies and violations.
      1. An acceptable grievance must prove to have an effect on the outcome of the election violate the South Dakota State University Students’ Association Code of Ethics and/or the Students’ Association bylaws.

      2. A grievance committee comprised of the Corporation advisors will be created

        Complaints and grievances must be submitted in writing to the Vice President of Student Affairs.

      3. Any member of the Corporation may file a complaint with the grievance committee before the close of polls. Complaints may result in grievance committee guidance or mandates to change behavior.
      4. A candidate may file an official grievance with the grievance committee within two working days following the election. The grievance committee will decide to take one or more of the following actions: no action, request formal apology from offender(s) to victim(s), redo election, elimination of offender(s)’ ticket or other actions deemed suitable by the grievance committee.

Section 3. Powers

  1. President
    1. Shall act as chief executive and shall execute the provisions of the Bylaws and all regulations as adopted by the Senate. They shall hold the corporate seal and be responsible for carrying out all Corporation duties as specified by the State of South Dakota.
    2. The President (or their appointee) shall serve as chairperson of the Senate, the Board of Directors and the University Activity Fee Budgeting Committee. They shall be responsible for calling meetings.
    3. Shall appoint non-elected officers and other salaried positions of the Corporation in collaboration with the Vice President, with approval of the Senate no later than two (2) weeks after the election.
    4. Shall prepare and submit the annual Corporation operating budget, in cooperation with the Finance Chair, to the Senate. The budget shall be forwarded to the Senate and University Activity Fee Budgeting Committee.
    5. Shall oversee all Corporation expenditures.
    6. Shall have the power to call the Senate into special session upon 24 hours notice.
    7. Veto
      1. The President shall have veto power over all legislation and referendums.
      2. The President must notify the Senate of the veto within seven (7) days or the bill will be considered passed.
      3. The Senate may override a veto by a two-thirds vote of those members present and voting.
    8. Shall name a replacement to the Vice-President if they are unable to perform their duties and to hire and name a replacement for appointed officers, with two-thirds Senate approval.
    9. Shall have the power to recommend removal of the Corporation Lawyer with two-thirds Senate approval.
    10. Shall have the power to form committees.
  2. Vice President
    1. Shall fill the office of President in the event the office becomes vacant.
    2. Shall carry out any duties as deemed necessary by the President.
    3. Shall have full voting privileges at Senate meetings.
    4. Shall supervise the activities and actions of all committees with Corporation membership.
    5. Shall assume chair responsibilities during removal actions against the President.
    6. Shall recommend for Senate appointment the student members on all committees with Corporation representatives.
    7. Shall coordinate all Senate elections in collaboration with the Communications Chairperson and the rest of the Board of Directors.
    8. Shall act as parliamentarian for the Senate, or shall appoint a parliamentarian from among Senate membership.
  3. Chief of Staff
    1. Shall serve as an assistant to the Corporation President and Senate.
    2. Shall attend Senate meetings and is subject to Senator attendance policy.
    3. Shall not make motions or vote unless they are a Senator.
    4. Shall act on all directives given by the President and Senate.
    5. Shall serve as a non-voting member of the Board of Directors.
    6. Shall monitor and manage all general procedures and daily functions of the Corporation main office.
    7. Shall act as official recorder of minutes for all regular meetings, or shall supervise personnel salaried to transcribe such minutes, and shall distribute agendas and minutes in a timely manner.
    8. Shall update the Students’ Association Code and the Corporation Bylaws.
    9. Shall oversee ex-officio representatives and meet with ex-officio representatives at the beginning of each semester.
    10. Shall, in collaboration with the Communications Chairperson, manage the website.
    11. Upon approval by the Senate, they shall send all legislation to the Corporation Newspaper and/or other appropriate offices deemed necessary by the Corporation President and/or Senate.
  4. Finance Chairperson
    1. Shall act as a liaison between the Corporation and groups funded by the Corporation.
    2. Shall serve as chairperson of the Corporation Finance Committee.
    3. Shall attend Senate meetings and is subject to Senator attendance policy.
    4. Shall not have a vote unless they are a Senator.
    5. Shall act on all directives given by the President or the Senate.
    6. Shall sign all orders for the disbursement of Senate funds.
    7. Shall be responsible for maintaining the Corporation’s financial records.
    8. Shall present a monthly summary of the Corporation’s operating expenditures to the Senate for informational purposes.
    9. Shall monitor, on behalf of the Senate, the expenditures of fees approved and authorized by the University Activity Fee Budgeting Committee.
    10. Shall see that the SDSU Accounting Office receives a copy of all finalized, categorized budgets of organizations that are funded by student fees.
    11. Shall serve as non-voting member of Board of Directors.
    12. Shall submit reports on all budget requests to the senators and appointed/elected officers one (1) week prior to that request’s Corporation hearing.
    13. Shall meet with Senators before the budgeting process begins and explain how it functions.
    14. Shall announce in the next Corporation meeting following any expense from the Corporation’s internal budget that exceeds $200
  5. Government Affairs Chairperson
    1. Shall act as the liaison with state, local, and other government agencies.
    2. Shall serve as chairperson of the Government Affairs Committee.
    3. Shall attend Senate meetings and is subject to the Senator attendance policy.
    4. Shall act on all directives given by the President or the Senate.
    5. Shall represent the Corporation as a member of the Brookings Visitor Promotions committee, an ex-officio at the meetings of Downtown Brookings, Incorporated (DBI), Brookings City Council, Chamber of Commerce, and other legislative meetings during the academic year deemed necessary by the President or Senate.
    6. Shall not make motions or vote unless they are a Senator.
    7. Shall serve as a non-voting member of the Board of Directors.
  6. Communications Chairperson
    1. Shall maintain all Corporation Senate programs as well as aid senators in coordinating Senate projects.
    2. Shall help market elections in collaboration with the Corporation Vice President and the rest of the Board of Directors.
    3. Shall serve as chairperson of the Communications Committee.
    4. Shall attend Senate meetings and is subject to Senator attendance policy.
    5. Shall not have a vote unless they are a Senator.
    6. Shall act on all directives given by the President and Senate.
    7. Shall serve as a non-voting member of the Board of Directors.
    8. Shall manage the Corporation website.
    9. Shall operate the Corporation social media accounts as the Business Manager.
  7. Diversity Chair
    1. Shall not make motions or vote unless they are a Senator.
    2. Shall act as a liaison with the South Dakota State University American Indian Student Center, Office of International. Affairs, Office of Disability Services, and Office of Multicultural Affairs and Accessibility, Diversity in Athletics Council and Office of Veterans Affairs.
    3. Shall serve as the Chairperson of the Students’ Association Diversity and Inclusion Committee.
    4. Shall sit on University Diversity and Inclusion Committee.
    5. Shall attend Senate meetings and is subject to the Senator attendance policy.
    6. Shall act on all directives given by the President of the Senate.
    7. Shall serve as a non-voting member of the Board of Directors.
    8. Leading Discussion and initiatives focused on enhancing the student expertise through innovation that stems from a global perspective.
    9. Serve as a channel for communicating diversity and inclusion-related news, information, and awareness
    10. Shall represent the Corporation at the Brookings Human Rights Commission.
    11. Shall collaborate with the Chief of Staff to oversee ex-officio representatives and meet with ex-officio representatives at the beginning of each semester.
    12. Shall coordinate with the Chief of Staff to provide (2) two open forum speakers per semester.

Section 4. Employees

  1. Corporation Lawyer
    1. Shall act according to the yearly contract signed by the Corporation Lawyer and Corporation President.
    2. Shall report to the Corporation President.
    3. Shall provide appropriate legal services for Corporation members as determined by the Senate.
    4. Shall work with the Brookings City Community Development Department in resolving landlord-tenant conflicts.
    5. When a vacancy in the position of Corporation Lawyer occurs, the following procedures must be employed in the search and screening:
      1. The Corporation President shall appoint a committee consisting of the Vice President of Student Affairs, and others at their discretion.
      2. Upon conclusion of the selection process by committee, they shall recommend at least one (1) candidate for employment to the Corporation President.
      3. The candidate will then be forwarded to the Senate for two-thirds approval.

Section 5. Duality of Office

  1. Any member of a student organization who receives scholarship and/or salary from an organization, aside from Students’ Association, from an annual Students’ Association budget, may not hold a Corporation Executive Board Position. A salary is defined as expenses associated with non-student FTE-bearing staff positions.
  2. No person serving as the Corporation Newspaper Editor may hold or run for a Corporation Executive Board position.
  3. No person shall hold more than one of the following positions concurrently: Corporation President, Corporation Vice President, Chief of Staff, Finance Chairperson, Government Affairs Chairperson or Communications Chairperson.

Article V. Legislative Branch

Section 1. Student Senate

  1. Governing Body: The governing body of the Corporation shall be the Student Senate.
  2. Definition: The Senate shall be a single body consisting of the representatives elected or appointed from each of the seven (7) colleges and the Graduate School within the University.
  3. College Composition: The colleges shall be recognized as follows:
    1. College of Agriculture, Food and Environmental Sciences
    2. College of Arts, Humanities and Social Sciences
    3. College of Education and Human Sciences
    4. College of Engineering
    5. College of Natural Sciences
    6. College of Nursing
    7. College of Pharmacy and Allied Health Professions
    8. Graduate School
  4. Eligibility
    1. All Corporation Senators must fulfill at the time of the election and maintain the following requirements:
      1. Must be enrolled in the college or division they represent at the time of the election.
      2. Must remain in the college in which they were elected for the remainder of the spring and following fall semester after the election.
      3. Must be registered as a full-time student, except students in the final semester of their degree, who must maintain, at minimum, part-time student status.
      4. Must hold a minimum cumulative grade point average of 2.0 on a four-point scale.
      5. Must be in good conduct standing with the University. Individuals not in good conduct standing have at least one (1) current finding of responsibility with a sanction(s) greater than a warning but remain in good conduct standing if they have findings of responsibility with sanction(s) equivalent to or lesser than a warning.
      6. No senator can concurrently be a Corporation Newspaper Editor-in-Chief, Corporation Newspaper Managing Editor and/or Corporation Radio Station Manager.
    2. Senatorial candidates who are enrolled in the Graduate School or are graduating seniors who prove that they have applied or will be attending the Graduate School at the University in the fall semester must campaign under the Graduate School.
  5. College Apportionment
    1. The number of Senators from each college shall be determined once each year according to the Corporation membership at the end of the fall semester and in the following manner.
    2. Each college will be allocated one (1) Senatorial seat for each four percent (4%) of the Corporation membership enrolled in the college. Any resulting fraction of a seat greater than one-half (0.5) shall grant that college an additional senatorial seat. No college shall be apportioned less than three (3) Senators.
  6. Senator Duties
    1. Shall act as a representative of the college by which they were elected.
    2. Shall sit on a minimum of three (3) University committees, Senate Standing Committees or a combination of University committees and Senate Standing Committees provide a written summary of each meeting in the next Monday senate meeting.
    3. Shall maintain a minimum of two (2) office hours per week.
    4. Shall attend all Senate meetings, special functions including but not limited to retreat or supplemental training, and assigned committee meetings in accordance with Article V, Section 3, subsection I.
    5. Shall assist in the administration of Corporation elections as long as the Senator’s involvement does not cause a conflict of interest.
    6. Shall fulfill duties designated by the Senate.
    7. Shall attend a minimum of one (1) Board of Regents meeting, or Students for Higher Education Days (SHED). Failure to attend a Board of Regents meeting or Students for Higher Education Days shall at minimum be considered an unexcused absence and may be grounds for removal according to Article V, Section 3, subsection H.
    8. Special allowances to these duties may be granted by the Board of Directors.
  7. Code of Ethics
    1. All members of the Senate will abide by the South Dakota State University Students’ Association Code of Ethics as written in Appendix 1 of these Bylaws.
    2. Upon taking office, all Senators, ex officio representatives, employees, and other closely associated members will read and sign the Code of Ethics.
    3. The Corporation Chief of Staff will keep these signed Codes of Ethics on file.
    4. Violations of the Code of Ethics shall be grounds for removal from any elected or appointed positions within the Senate as outlined in Article V, Section 3, subsection H.
  8. Additional Representatives
    1. Additional representatives shall be identified as ex officio members.
    2. Those seeking ex officio representation shall submit a written request to the Corporation, whereafter the Senate may grant the position by a two-thirds majority vote of approval.
    3. Organizations to be designated as ex officio organizations shall meet the following criteria:
      1. Shall be a recognized and active student organization.
      2. In their written registration, should provide adequate evidence that they would otherwise remain underrepresented if not given an ex-officio position.
      3. Should represent an entire population and not a specific faction of that population.
      4. Once granted a position the organization must provide in their organizational bylaws and/or constitution an officer or appointee that shall serve as an ex-officio. The organization shall be granted a period of one year to enact any changes necessary or the granted position shall be revoked.
    4. Ex officio representatives are required to abide by the attendance policy outlined in Article V, Section 3, subsection I of the Corporation Bylaws.
    5. Duties of ex officio representatives include:
      1. Speaking privileges of Senate membership with the exception of voting and making motions.
      2. Active participation in discussion consistent with the student demographic that the ex officio representative has been granted a position to represent.
      3. Providing at least a monthly report of activities of the organization.
    6. No individual may concurrently act as a Senator and an ex officio representative, a member of the Corporation executive board and an ex officio representative, or more than one ex officio representative simultaneously.
    7. Ex officio members who fail to comply with the attendance policy or any of the above listed duties shall be removed in the following manner:
      1. The ex officio organization shall be notified of the member’s delinquency and asked to replace the member.
      2. If an organization refuses to send a new representative the seat shall be suspended for the remainder of the current term.
      3. Any organization that leaves a seat vacant for a period of three (3) consecutive weeks or more shall have representation suspended. The Corporation Chief of Staff shall notify the most recent student representative and organization advisor of the suspension.
      4. A suspended organization may appeal their suspension with the Board of Directors. An organization may be reinstated by a two-thirds majority vote of approval from the Board of Directors.
      5. Any organization that leaves a seat vacant for a period of one (1) year shall have representation removed.

Section 2. Elections

  1. Nominating Procedures
    1. Candidates shall be nominated by petition to be available for distribution not later than the fifth week preceding the Corporation elections.
    2. Petitions shall be signed by fifty (50) Corporation members in the candidate’s college or division, or 3.5% of the College population, whichever is less, with the exception of the Graduate School where candidates need twenty-five (25) signatures.
    3. Petitions must be filed in the Corporation office no later than 5:00pm on Monday of the second week preceding the Corporation elections.
    4. The Office of Student Affairs will check for the validity of the petitions.
    5. The names of the candidates shall be published in the issue of the Corporation Newspaper following the filing deadline.
  2. Election Results
    1. Individuals receiving the largest number of votes shall fill accompanying seats for respective colleges (i.e. the top three (3) vote recipients would be elected if a college holds three (3) seats).
  3. Tie Votes
    1. In the case of a tie vote for the last position in the college to be filled, a run-off election shall be held between the tied candidates not later than fourteen (14) days after the first election.
  4. Withdrawal from Election
    1. Written notice must be submitted to the Corporation Vice President.
    2. Withdrawal of a candidate shall be publicized by the Election Steering Committee.
  5. Term of Office
    1. Senators shall be elected by the Corporation members for a term of one (1) year, coinciding with the terms of the Corporation President and Vice President.
    2. Incoming Senators shall assume their duties each year on the Monday two meetings following the election.
    3. Any member may be elected for more than one (1) term.
  6. At-Large Elections
    1. Seats not filled by the respective college through the Corporation election process shall be immediately open after the elections as At-Large positions.
    2. In the case of a vacancy in the Senate, the Board of Directors will interview candidates for the open positions. Interviews will be held no later than the third week after the election.
    3. The outgoing Board of Directors will interview candidates for the At-Large positions before the end of the term and will swear in new officers and Senators.
    4. At Large Senators are elected to represent the students of SDSU as a whole and not the college in which they are enrolled.
    5. The Senate shall approve the selections by a two-thirds vote of the members present.
    6. All applicants who wish to be considered a candidate for a vacancy must petition fifty (50) signatures or ten percent (10%), whichever is less, with the exception of the Graduate School which needs twenty five (25) signatures or ten percent (10%), whichever is less, from the Corporation members. Students who submitted a completed petition for their respective college in the Corporation general election may use that same petition to declare eligibility for the At-Large election. Students wishing to use their same petition must inform the Vice President of that intention within two (2) days of the close of the general election.
    7. Candidates to be considered for an At-Large Senate seat shall be defined by the Board of Directors and then interviewed by the Senate.

Section 3. Powers of the Senate

  1. The Senate shall have the responsibility to promote and protect student interests of South Dakota State University.
  2. Shall fill student membership on University committees in accordance with policy as set forth by University President and the Academic Senate.
  3. Shall review all budget requests and cooperate with the University Activity Fee and Budget Committee to recommend expenditures and the student activity fee to the President of the University.
  4. Legislation
    1. No legislative act shall violate the Bylaws of the Corporation.
    2. All legislation shall be recorded as an Ordinance or a Resolution.
      1. Ordinances: Any formal action taken by the Senate that affects the operation of the Senate and/or the Corporation shall be known as an Ordinance. An Ordinance, until altered by subsequent acts of the Senate, is a legislative act that binds both current and future legislative action.
      2. Resolution: Any act taken by the Senate of a temporary character or for the purpose of requesting or commending action by organizations or persons outside the authority of the Corporation or for the purpose of recommending a funding allocation to the University Activity Fee and Budgeting Committee shall be known as a Resolution.
    3. Voting
      1. Ordinances
        1. Ordinances shall receive two (2) readings before the Senate no less than seven (7) calendar days apart. Any member of the Senate may request a full reading of any item of legislation.
        2. Ordinances shall receive no vote upon the first reading.
        3. The second reading shall require a two-thirds vote by roll call.
        4. Ordinances failing passage shall receive no further legislative action for the remaining academic year.
        5. The Senate chairperson shall have discretion whether amendments incurred at a second reading significantly affect the intent of a given Ordinance as to warrant an additional reading.
        6. Ordinances may be approved following the first hearing, if an emergency is declared and two-thirds of the elected members or Senate approve the Ordinance(s).
        7. Upon enactment, Ordinances may be amended or repealed by a majority vote following prescribed rules of conduct.
      2. Resolutions
        1. Resolutions shall receive two (2) readings before the Senate no less than seven (7) calendar days apart. Any member of the Senate may request a full reading of any item of legislation.
        2. Resolutions may be passed by a simple majority vote following the second reading.
        3. Resolutions affecting matters that require immediate action by the Senate may be approved by a simple majority vote following the first reading. A simple majority vote shall be required to take up action on a resolution immediately.
        4. Upon enactment, resolutions may be amended or repealed by majority vote.
        5. It shall be the discretion of the Senate chairperson whether resolutions shall be voted by roll call or as a committee of the whole.
    4. Proposal of Legislation
      1. Upon enactment, new legislation that conflicts with existing Resolutions and Ordinances shall have precedence.
      2. Legislation shall require the sponsorship of at least two (2) members of the Corporation, one of which shall be a voting member of the Senate.
      3. “WHEREAS” clauses in any legislation may not be struck with an amendment motion.
      4. Legislation may also be initiated by means of a petition.
        1. Petitions shall require the signatures and identification numbers of 100 members of the Corporation.
        2. All petitions must be filed with the Corporation President a minimum of three (3) calendar days prior to the next meeting of the Senate.
    5. Documentation
      1. Proposed legislation must designate in typewritten form: the date, whether it is a Resolution or an Ordinance, the name of the sponsors, a title, and a description of the proposed legislation.
      2. The Corporation Newspaper shall be notified of proposed Ordinances both prior and following second reading.
      3. The Corporation Newspaper shall be notified, when possible, of proposed Resolutions and shall be notified following Senate reading.
      4. Upon enactment, Ordinances and Resolutions shall be maintained in a document to be known as the Students’ Association Code.
    6. Referendums
      1. All legislation may be referred to a vote of the Corporation membership. A two-thirds majority vote of the Senate shall be required to initiate a referendum.
      2. All referendums shall be held on the second Tuesday and Wednesday following the Senate vote.
        1. If school is not in session at this time, the referendum shall be held the next week school is in session.
        2. A majority vote of Corporation members voting in the referendum shall decide the outcome.
  5. Meetings
    1. The Senate shall hold weekly meetings while school is in session.
      1. i. The senate shall provide recorded versions of all public Senate meetings.
    2. The Senate has the power to call a special meeting upon 24 hours notice, by submitting to the President a written request signed by one-fourth of the total Senate membership. A quorum of at least a simple majority of the total Senate membership shall be needed to conduct business.
  6. Robert’s Rules of Order, Newly Revised, shall be the parliamentary authority.
  7. College Caucuses
    1. Shall be formed by each of the elected colleges or divisions.
    2. Caucuses shall consist of all Senators representing that college or division.
    3. The caucus member chosen as representative to the Board of Directors shall be chairperson of the caucus.
    4. The caucus shall convene at least once a semester. The caucus shall provide an opportunity for collegiate student groups in their college or division to present information as deemed appropriate to further the Senator’s ability to represent every constituent. Caucus meeting time shall be publicized with adequate notice.
    5. At the first and last Senate meeting of the semester, the President shall include a Senate agenda item that provides Board of Director members an opportunity to report on activities in each college caucus.
  8. Removal
    1. The Senate shall have the power to remove the President or Vice President in the manner outlined in Article IV, Section 2, subsection H.
    2. The Senate may remove any officer it appoints or approves, by a three-fourths majority of the total Senate membership.
    3. Removal of Senators
      1. If a Senator has failed to fulfill their duties, the Senate may take action to remove the Senator from office.
      2. A motion to initiate removal proceedings may be made by any Senator and must have a second to be entertained by the chair.
      3. Following the motion and second, the chair must send written notification to the Senator that removal proceedings have been initiated against them within three (3) days.
      4. At the regular Senate meeting following the meeting when removal proceedings were initiated, a hearing will be conducted in front of the entire body, where the Senator will have the opportunity to explain themselves.
      5. In order to remove a Senator from office, three-fourths of the total Senate membership must vote for removal.
      6. Removal Announcement: The Board of Directors must announce the possible removal of the Senator at a regular Senate meeting at least one (1) week prior to the removal vote.
    4. Removal by Election
      1. A removal election shall be held in an individual college upon the receipt by the Senate of a petition signed by (10%) of the Corporation membership in the Senator’s college, calling for the removal of that Senator.
      2. The proposed election shall be held not less than two (2) or nor more than four (4) weeks after the date of presentation of the petition.
        1. These weeks shall exclude summer session.
        2. Notice of the removal election shall be published in the Corporation Newspaper at least one (1) week prior to the election.
        3. It shall require two-thirds of the votes cast to remove the representative from office.
    5. Eligibility: Senators will automatically be removed if previously stated eligibility requirements are not met and maintained. Special allowances may be granted by the Board of Directors.
    6. Filling Vacancies: In the case of a Senator being removed, the vacancies shall be filled according to the Corporation Bylaws.
  9. Attendance
    1. For a Senator to be removed he or she must have more than three (3) unexcused absences or more than six (6) excused absences from Senate or committee meetings. Excused absences must be approved by the Chief of Staff.
      1. Guidelines for absences from any regular Senate meeting shall be as follows:
        1. Acceptable Absences:
          1. Illness
          2. Conflict with testing
          3. Family emergency
          4. Adverse weather conditions
          5. University excused absence
        2. Unacceptable Absences:
          1. Studying for a class/test
          2. Employment obligations
          3. Other campus organization meetings
          4. Failure to remember scheduled meeting time, place, etc.
          5. A scheduled class, except during the semester in which the Senate term began.
      2. Failure to proxy a vote for an excused absence from any meeting shall automatically result in an unexcused absence.
        1. Proxy forms must be submitted and approved by the Chief of Staff a minimum of two (2) hours before the scheduled meeting time in order for a vote not to be considered abstained.
        2. Proxy forms submitted before the scheduled meeting time must include the voting decision on all agenda items.
        3. The proxy representative must be aware of the terms in which the absent Senator is willing to maintain their vote in case of an amendment to the original bill, amendment, budget request, etc.
        4. Failure to provide the proxy form or written voting decisions within the proper time frame previously stated will result in the abstaining of all voting rights for the missed meeting.
        5. No proxy representative may control more than two (2) votes simultaneously.
      3. Senators shall be prompt in their meeting attendance. A Senator shall receive the equivalent of one (1) unexcused absence for every two (2) unexcused tardies.
        1. Tardiness shall be defined as arriving at required Senate meetings after the roll has been taken.
      4. All of the above guidelines are subject to the discretion of the Corporation President and/ or Vice President.
    2. Removal may also be necessary if Senatorial duties are not fulfilled, as stated in Article V, Section 1, subsection F.
  10. To form committees on a need basis.
  11. To select a representative to sit on the Board of Directors from each college caucus.
  12. To amend Bylaws in a manner consistent to the Bylaws.
  13. To nominate Corporation Presidential and Vice Presidential candidates.
  14. To set election dates within guidelines stated in the Corporation Bylaws.
  15. To approve Corporation office expenditures including office supplies and equipment totaling over $1000.
  16. To serve on standing committees of the Senate created by the President.
  17. To approve At-Large recommendations with a two-thirds vote.

Section 4. Board of Directors

  1. Membership
    1. Shall consist of the Corporation President, who shall serve as chairperson, Vice President and one (1) Senator from each college as voting members.
    2. All appointed officers shall be non-voting members.
    3. College Representative: After the first meeting of the Senate, the Senators of each college shall caucus and select one (1) representative to serve on the Corporation Board of Directors.
    4. At-Large Representation: After the first meeting of the Senate, the At-Large Senators shall caucus and, if the number of At-Large Senators is three (3) or greater, they shall select one representative to serve on the Corporation Board of Directors.
    5. Vacant Seats: If a seat on the Board of Directors is vacant because there are no elected Senators from a particular college, a Senator-At-Large enrolled in that college may be appointed by the Corporation President to fill the vacant seat.
  2. Duties
    1. Shall direct, with Senate approval, all legal activities and all actions involving legal consultation, lawsuits, and court actions.
    2. May act in lieu of the Senate if there are compelling reasons that the Senate cannot be called into session. There will be a review of the action at the next regular meeting of the Senate.
    3. Shall act as the Election Steering Committee for the operation of all elections.
    4. Shall view the election ballot once before official use.
    5. Shall be responsible for the appointment of At-Large Senators to fill midterm vacancies, which will be approved by a two-thirds vote of the majority of the Senate membership.
    6. Shall meet at least once monthly to discuss Senate business, share updates from each college caucus, hear concerns from Senators, or perform other duties as necessary or appropriate.

Section 5. Advisers

  1. University President: The Senate shall include the University President or a representative of the President as an ex-officio, non-voting adviser to the Senate.
  2. Faculty and Administrative Advisers: The Senate shall select from the faculty or administration of the University two (2) non-voting advisors to the Senate.
  3. Senate Choice: The Senate shall review annually the role of the Advisers. The advisers shall serve staggered two-year terms and may be reappointed.
  4. Duties: Advisers shall serve as resource personnel to the Corporation officers and Senate.
  5. The Corporation will have an advisor registered with the Office of Student Activities.
  6. The Corporation will review all advisors at the last business meeting of the senate term.
  7. Removal of an adviser mid-term:
    1. If an advisor has failed to fulfill their duties, the Senate may take action to remove the adviser from office.
    2. A motion to initiate removal proceedings may be made by any Senator and must have a second to be entertained by the chair.
    3. Following the motion and second, the chair must send written notification to the adviser that removal proceedings have been initiated against them within three (3) days.
    4. At the regular Senate meeting following the meeting when removal proceedings were initiated, a hearing will be conducted in front of the entire body, where the advisor will have the opportunity to explain themselves.
    5. In order to remove an advisor from office, three-fourths of the total Senate membership must vote for removal.
    6. Removal Announcement: The Board of Directors must announce the possible removal of the advisor at a regular Senate meeting at least one (1) week prior to the removal vote.

Article VI. Corporation Finances

Section 1. Administration of Student Activity Fees

  1. Cooperation: All student organizations and the Senate shall work together to assure that student fees are spent within the limits imposed by the University Activity Fee and Budget Committee and the Senate.
  2. Operations: The Finance Chairperson shall receive a copy of all final budgets approved by the University Activity Fee and Budget Committee, if he or she has not chaired the UAFBC meetings.
  3. Budgetary Changes: The Senate shall have authority to increase or decrease the allocation as requested but shall not make line item changes.
  4. Reports: All student fee funded organizations shall supply financial reports to the Finance Chairperson at their request.
  5. Meetings: Unit 3 Organizations participating in General Budgeting must have a representative(s) in attendance at at least one Students’ Association meeting before the start of General Budgeting to describe the group’s activities and explain the use of its student fee allocation. If an organization fails to attend meeting(s) as required, the organization will not be allowed to participate in the General Budgeting process for the following fiscal year. Exceptions to this policy may be made at the discretion of the Finance Committee.
    1. Any organization that presents during an Open Forum during the current fiscal year completes the meeting qualifications for General Budgeting.
    2. The Finance Chair will notify organizations of the upcoming Students’ Association meeting dates at least two weeks in advance.
  6. Requirements: All organizations participating in the General Budgeting process must include major events in the Students’ Association Rabbit Report newsletter and display Students’ Association branding on advertising for all student fee-sponsored activities and events.

Section 2. Fee Process

  1. Fund Requests: Any organization seeking funds from student fees must submit a formal request, as designed by the Finance Chairperson and approved by the Senate, to the Finance Chairperson and to the chairperson of the University Activity Fee and Budget Committee.
    1. The Finance Chair will either initially accept or reject the budget based on the request and make suggestions to the Student Organization prior to the budget due date.
    2. After the Finance Chair approves the budget, it will be made available to all Senators.
  2. Finance Committee
    1. The Finance Committee shall consist of the following:
      1. Finance Chair
      2. A minimum of five (5) Corporation Senators.
      3. Students’ Association President or Vice President as a voting ex officio member.
    2. The Corporation Vice President and Finance Chair shall supervise applications and assign Senators to serve on the Finance Committee.
      1. There shall be only one (1) Finance Committee in order to ensure fairness and equality in all budget requests.
      2. In the event of a committee member resignation or removal, the Students’ Association Board of Directors shall fill the vacancy within two (2) weeks.
      3. Proxies will only be accepted based on the Senator attendance rules in Article V, Section 3, subsection I and an unapproved absence shall be considered an unexcused absence
    3. The Committee shall review all student organization budgets thoroughly, including:
      1. Review and compare overall and line-item budget history.
      2. Find and correct all accounting errors.
      3. Review minutes from the previous year’s request and other pertinent information and topics specific to each budget request.
    4. The Committee shall meet with representatives of each student organization requesting funds, which should include its organization advisor and student representatives or executive board members at least one (1) week prior to the organization’s scheduled Senate hearing to discuss and finalize the budget request.
      1. Necessary corrections to the budget should be made by the organization and an updated copy of the budget request be made available to the Finance Chair for finalization within 48 hours after the meeting.
      2. The organization must provide the Committee with the specified number of copies of the finalized budget request at least one (1) week prior to the Senate hearing. In the event of financial hardship on the student organization, the student organization must provide documentation to the Finance Chair to evaluate. In this case, the Students’ Association will provide the necessary copies.
      3. The finalized budget shall be distributed to Senators as soon as they are available to the Finance Chair, but no less than five (5) days prior to the Senate hearing.
    5. The Committee will notify the organization of its recommendation at least one (1) week before the organization’s scheduled Senate hearing, usually after the Finance Committee has made a decision in the committee meeting.
    6. The Committee will make an allocation recommendation to the Senate.
    7. The Finance Chair will provide minutes from the Committee meeting to the Senate.
    8. The Committee must be prepared to defend its recommendation in the context of the overall budget picture at the Senate hearing. The Committee should be prepared to actively participate in the Senate hearing discussion.
  3. Senate Hearing
    1. The Senate hearing will be scheduled by the Finance Chair.
    2. Discussion of each student organization budget shall be limited to thirty (30) minutes.
  4. University Activity Fee and Budget Committee
    1. Shall serve as an administrative committee under the office of the President of the University.
    2. Will establish procedures it considers appropriate and necessary for the receipt, evaluation, and approval of budget requests. This will include the relationship with the Senate and the Finance Chairperson.
    3. Shall be chaired by the Corporation President (or their appointee).

Article VII. Amendments to the Bylaws

Section 1. Filing an Amendment

  1. Any member of the Corporation may present an Amendment consistent with the Corporation Bylaws and Articles of Incorporation.
  2. An Amendment must be submitted to the Senate floor by a Senator or elected official in the same form as other legislation.
  3. Petition: Amendments may also be initiated by any member of the Corporation via a petition presented to the Senate bearing the signatures of at least five percent (5%) of the Corporation members.
  4. Readings
    1. Amendments shall receive two (2) readings no less than seven (7) calendar days apart with no vote upon the first reading. Any member of the Senate may request a full reading of any item of legislation.
    2. The Senate chairperson shall have discretion whether amendments incurred at a second reading significantly affect the intent of a given ordinance as to warrant an additional reading.
  5. Publication: The proposed Amendment shall be published in the Corporation Newspaper and the Corporation Newspaper’s website.

Section 2. Senate Vote

  1. Vote: Upon two-thirds vote of its total membership during the second reading, the Senate may initiate an Amendment.
  2. Publication: The proposed Amendment shall be published in the Corporation Newspaper and on the Corporation Newspaper’s website.
  3. Opposition
    1. If the Amendment is opposed as shown by a petition signed by five percent (5%) of the Corporation members, a special election will be held.
    2. Second Passage: If no petition is presented within two (2) weeks of publication, the Amendment will be considered adopted after second passage by the Senate with a two-thirds majority vote of the total Senate membership.

Section 3. Final Approval

  1. The President of the University will make final approval of any Amendment.
  2. Date of Effectiveness: The revised Bylaws become effective on the date the President of the University approves them, which shall be no earlier than fourteen (14) calendar days after approval of the Senate to allow a petition of opposition to be filed.

Section 4. Permanent Copy

  1. All Bylaws shall be prepared in permanent form and kept on file in the Corporation office and shall be available to the Corporation members upon request.

Appendix 1. South Dakota State University Students’ Association Code of Ethics

The Students’ Association is responsible for representing the Students of South Dakota State University in matters of policy and decision-making. The Students’ Association provides vision, direction, and leadership to the university and many organizations thereof. In order to maintain and enhance public trust and confidence in our student government, to achieve equity and social justice, to affirm human dignity, and to better the quality of life for all students, the members of the Students’ Association dedicate themselves to the stewardship of public trust and therefore embrace the following ideals, seeking to:

  1. Accord just and equitable treatment to all members of the Corporation in the exercise of their professional rights and responsibilities;
  2. Maintain confidentiality of personal and professional information acquired about colleagues in the course of service, unless disclosure serves professional purposes;
  3. Discuss professional matters, especially those concerning colleagues, in a professional manner;
  4. Accept a position or responsibility only on the basis of professional preparation and legal qualifications;
  5. Adhere to the terms of a contract or appointment unless the contract has been altered without the consent of the affected parties, except as provided by existing policy, terminated or voided in a manner consistent with existing policy;
  6. Adhere to the terms of election or appointment, and diligently execute prescribed duties according to the terms of each position;
  7. Use sound professional judgment in delegating professional responsibilities to others;
  8. Not interfere with the free participation of colleagues in the affairs of their associations;
  9. Not use coercive or threatening means in order to influence professional decisions of colleagues;
  10. Not knowingly misrepresent their professional qualifications;
  11. Not knowingly distort evaluation of colleagues;
  12. Not willfully contradict the needs or desires of students to serve self-interest;
  13. Not criticize a colleague before students, except as unavoidably related to an administrative or judicial proceeding;
  14. Perform duties in accordance with institutional, local, state and federal rules and laws.

It is the policy of the Students’ Association to uphold and promote the highest standards of ethical behavior from all its Senators, ex officio representatives, employees and other associated members. All members shall maintain the utmost standards of personal integrity, honesty and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants including the appearance of impropriety, and never use their position or powers for improper personal gain.

The Code of Ethical Behavior will govern members of the Corporation. Members are encouraged to monitor their own behavior and offer constructive recommendations to fellow members when necessary and appropriate. Members acknowledge that breaches in the Code of Ethics may be grounds for censorship, reprimand or other repercussions, including potential expulsion from the Students’ Association Senate. As a member of the Students’ Association, I accept these ideals and policies, and pledge to act in the interest and purposes for which our government has been established.

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Signature

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Date