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CONSTITUTION OF THE DUKE STUDENT GOVERNMENT

CONSTITUTION OF THE DUKE STUDENT GOVERNMENT

for the Undergraduate Community of Duke University

As Ratified in Referendum on April 1, 1993

JOINT STATEMENT OF RIGHTS AND FREEDOMS OF STUDENTS

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. The minimal standards of academic freedom of students outlined below are essential to the community of scholars at Duke University.

Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the academic community and should be developed with the broadest possible participation of its members. The purpose of this statement is to enumerate the essential provisions for students' freedom to learn.

SECTION 1. FREEDOM TO ACCESS OF HIGHER EDUCATION

Duke University should make clear the characteristics of students which it considers relevant to success in its program. The University should also make clear what it expects from each student who chooses to matriculate. Within the limits of its facilities, Duke University should be open to all students who are qualified according to its admissions standards. Under no circumstances should a student be barred from admission on the basis of sex, race, creed, color or national origin. The University should use its influence to secure for its students similar privileges of equal access in the broader Community.

SECTION 2. ACADEMIC RIGHTS AND RESPONSIBILITIES

Free discussion, inquiry, and expression should be encouraged in the classroom and in conference. Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course in which they enroll and for maintaining the standards of academic performance established for each of these courses. For purposes of grading, student performance should be evaluated on an academic basis and not opinions or conduct in matters unrelated to established academic standards.

SECTION 3. STUDENT RECORDS

After the student leaves the University, the only records* the University will maintain are the following three:

a) Permanent official academic transcripts. These shall contain only information concerning academic performance and dates of attendance. These transcripts will be available to the student and released only upon specific request of the student.

b) Permanent records which indicate the reason for any interruption of continuous enrollment at the University. These formal letters, describing whatever action is taken, will be maintained separately from the academic transcripts (a) above and will be available to the student, but will be released only specific request of the student.

c) Materials which provide support for the action taken under (b) above. These supporting materials are confidential and will not be released, and after a reasonable length of time will be destroyed.

*Those records compiled without the request of the student.

SECTION 4. STUDENT AFFAIRS

a) Freedom of Organization

Students bring to the campus a wide variety of interests previously acquired and develop many new ones as members of the academic community. They should be free to create and join organizations which promote their common interests. Student organizations, including those affiliated with an extramural organization, should be open to all students without respect to race, creed, color, sexual preference, or national origin. The membership, policies, and actions of a student organization should be determined by vote of only those persons who hold bona fide membership in that organization. Student organizations may be required to submit a statement of purpose, criteria for membership, rules of procedure, and a current list of officers. They should not be required to submit a membership list as a condition of institutional recognition.

b) Freedom of Inquiry and Expression

Students and student organizations should be free to examine and to discuss all questions of interest to them, and to express opinions publicly and privately. They should always be free to support causes by orderly means which do not disrupt the regular and essential operation of the institution. At the same time, it should be clear to the academic and the larger community that in their public expressions or demonstrations students or student organizations speak only for themselves.

c) Student Participation in Institutional Government

As constituents of the academic community, students should be free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body. The student body should have clearly defined means to participate in the formulation and application of institutional policy affecting academic and student affairs. The role of the student government and both its general and specific responsibilities should be made explicit, and the actions of the student government within the area of its jurisdiction should be reviewed only through orderly and prescribed procedures.

d) Student Publications

Student publications and the student press are a valuable part of the academic community, both in providing a medium for free expression and inquiry on campus and in bringing student concerns to the attention of the community. These student publications involve a dual set of rights and responsibilities. The publications, on the one hand, must be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo. They must explicitly state on their editorial pages that the opinions there are not necessarily those of the college, University, or student body. The University, on the other hand, in consultation with students and faculty, must provide clarification of the role of the student publications, the standards to be used in their evaluation, and the limitations on external control of their operation. It must guarantee freedom from censorship and advance approval of copy, and free its editors and managers to develop their own editorial policies and news coverage. It must protect its editors and managers from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content. The agency is responsible for the appointment of editors and managers should be the agency responsible for their removal.

SECTION 5. OFF-CAMPUS FREEDOM OF STUDENTS

a) Exercise of Rights and Citizenship

Duke University students are both citizens and members of the academic community. As citizens, students should enjoy the same freedoms of speech, peaceful assembly, and petition that other citizens enjoy and as members of the academic community, they are subject to the obligations which accrue to them by virtue of this membership. Faculty members and administrative officials should insure that institutional powers are not employed to inhibit such intellectual and personal development of students as is often promoted by their exercise of the rights of citizenship both on and off campus.

b) Institutional Authority and Civil Penalties

Activities of students may upon occasion result in violation of law. In such cases, institutional officials should be prepared to apprise students of sources of legal counsel and may offer other assistance. Students who violate the law may incur penalties prescribed by civil authorities, but institutional authority should never be used merely to duplicate the function of general laws. Only where the institution's interests as an authority of the institution be asserted. The student who incidentally violates institutional regulations in the course of his off-campus activity, such as those relating to class attendance, should be subject to no greater penalty than would normally be imposed. Institutional action should be independent of community pressure.

SECTION 6. COLLEGE GOVERNMENTS

Nothing in this Constitution shall affect the right of undergraduate students in Trinity College of Arts and Sciences and the School of Engineering to form auxiliary student governments composed of students in their respective schools. Such auxiliary student governments shall have power to levy fees and enact legislation binding upon their members, provided that such actions shall in no way affect, abrogate, or limit the powers, activities, or authority of the DSG.

PREAMBLE

This organization shall be known as The Duke Student Government, and shall be refereed to in this Constitution as the DSG.

The purpose of this organization shall be to act as the governing body for the undergraduate students at Duke University and to present their views on affairs of the University community in accordance with the highest ideals of democratic representation and the greatest aims and purposes of Duke University.

The DSG shall act to execute the will of the student body and to serve as a stable support and foundation for student organizations, activities, views and information, as well as to represent the student body in University decision-making. The goals of the DSG's participation in University affairs are to define and represent student concerns and causes to the administration; to provide student services and support; to serve as a reliable information source for the student body; to provide resources and support to student organizations through the student activities fee and other programs; to build community among students; and to promote quality leadership on campus both in DSG and in other organizations.

ARTICLE 1. MEMBERSHIP

All undergraduate students enrolled in Trinity College of Arts and Sciences or the School of Engineering shall be members of the DSG.

ARTICLE II. POWERS AND JURISDICTION

The DSG shall have power to make and implement policy in areas which are of concern to undergraduates and otherwise act to promote the welfare of the undergraduate student body and the Duke Community.

ARTICLE III. EXECUTIVE

The Executive Officers of the DSG shall be: the President, the Executive President, and the Vice- Presidents of Academic Affairs, Student Affairs, Facilities and Athletic Affairs, and Community Interaction . Procedures governing elections shall be determined by By-Law.

If no candidate shall run for the Office of Executive Vice-President, or the Vice-Presidents of Academic Affairs Student Affairs, Facilities and Athletic Affairs, or Community Interaction, then the President-elect shall appoint a member of the DSG to the vacant office and upon approval of the Legislature, the appointed member shall assume Office.

The President-elect shall appoint, in consultation with the Executive Vice-President and with the approval of the Legislature, the following officers from among the members of the DSG: an Attorney General, a Treasurer, an Executive Secretary, an Administrative Secretary, a Student Services Director, a Public Relations Director, a Director of Undergraduate Computing, and a Chief of Staff. These appointees shall serve as ex-officio, non-voting members of the Legislature.

SECTION 1. OFFICERS OF THE DSG

All officers shall be members of the DSG.

SECTION 2. PRESIDENT'S CABINET

a) There shall be a President's Cabinet to advise the President and to perform such duties as assigned by the President or prescribed by By-Law. It shall be composed of the following members who all shall be members of the DSG.

1. the Executive Officers of the DSG as stated above;

2. the appointed officers of the DSG as stated above;

3. the Chairperson of the Student Organizational Finance Committee;

4. additional officers appointed to temporary seats created by the President. The creation of these seats, as well as, the appointments to fill them, must be done in consultation with the Executive Vice-President and with the approval of the Legislature. The temporary seats will expire with the end of the President's terms.

5. any additional officers specifically provided for in the By-Laws to the Constitution.

b) The duties and powers of the Cabinet shall be:

1. to execute the policy of the Legislature as expressed in legislation and of the entire DSG as expressed in referendum;

2. to be responsible for the proper and orderly administration of the business of the DSG;

3. to issue, by a two-thirds vote, executive orders as legislation when the Legislature is not in session or during University vacations, provided that no funds may be allocated or expended by executive order unless such funds shall have been previously allocated to the Cabinet by the Legislature. A report of any Executive Order must be made at the next meeting of the Legislature.

4. to advise the President on the appointment of student members to all University policy-making and advisory bodies, subject to ratification by the Legislature; and have the power to remove such persons from their positions for misfeasance or nonfeasance in office by a two-thirds majority of the Cabinet.

5. to perform any and all functions and duties as may be prescribed by law or provided for in the By-Laws to the Constitution.

SECTION 3. DUTIES AND POWERS OF THE PRESIDENT

The President of the DSG shall:

a) convene and preside over meetings of the Cabinet, except at such times as he/she may delegate this function to another member of the Cabinet;

b) execute the policy of the DSG as expressed by the Legislature or by the entire DSG in referendum;

c) provide for the supervision and coordination of all committees and auxiliary organizations of the DSG;

d) act as the official representative of the DSG;

e) issue a report to the Legislature at least once each semester on the activities of the DSG;

f) appoint such executive assistants as shall be deemed necessary for the proper execution of his/her duties, and have the power to remove such persons from their positions;

g) have the power to veto acts of the Legislature within three (3) days of their passage;

h) have the power to appoint student members to University policy-making and advisory bodies with the advice of the Cabinet, subject to ratification by the Legislature;

i) serve as an ex-officio, non-voting member of the Legislature;

j) convene the Council of Presidents;

k) perform such duties as may be prescribed by By-Law.

SECTION 4. DUTIES AND POWERS OF THE VICE-PRESIDENTS

The Executive Vice-President shall preside over the Legislature and be the second highest-ranking officer of DSG. The Executive Vice-President shall consult with the President on all matters, including the proceedings of the Legislature. The Executive Vice-President shall convene and preside over all meetings of the Legislature, and shall have all of the privileges of a full voting member of the Legislature. The Executive Vice-President shall, however, vote only in case of a tie. All legislation shall be directed by the Executive Vice-President to the appropriate committee for review.

The Vice-President for Academic Affairs shall act on undergraduate concerns in the area of academic affairs, shall serve as a full voting member of the Legislature, and shall serve as the chair of the Legislature's Standing Committee on Academic Affairs.

The Vice-President for Student Affairs shall act on undergraduate concerns in the area of student affairs, shall serve as a full voting member of the Legislature, and shall serve as the chair of the Legislature's Standing Committee on Student Affairs.

The Vice-President for Facilities and Athletic Affairs shall act on undergraduate concerns in the area of buildings, grounds, and athletic affairs, shall serve as a full voting member of the Legislature, and shall serve as the chair of the Legislature's Standing Committee on Facilities and Athletic Affairs.

The Vice-President for Community Interaction shall act on undergraduate concerns in the area of community interaction and external affairs, shall serve as a full voting member of the Legislature, and shall serve as the chair of the Legislature's Standing Committee on Community Interaction.

The Vice-Presidents shall further perform such duties as may be prescribed by By-Law.

SECTION 5. DUTIES AND POWERS OF APPOINTED OFFICERS

The duties and powers of the Attorney General, the Treasurer, the Executive Secretary, the Administrative Secretary, the Student Services Director, the Public Relations Director, the Director of Undergraduate Computing, the Chief of Staff, and any other appointed Cabinet officers will be prescribed by By-Law.

SECTION 6. VACANCIES

a) If the office of the President falls vacant after the President has been duly installed, the Executive Vice-President shall immediately assume the office.

b) If, for any reason, the President-elect is permanently unable to assume the Office of the Presidency, the Executive Vice-President-Elect shall be installed as President at the inauguration for the full term.

c) If any other Executive office falls vacant either before or after that officer has been duly installed, the Legislature shall elect a successor to the position by a majority of its members who vote, provided a quorum of the membership is present.

d) In the event of a vacancy between sessions of the Legislature, the President may make temporary appointments to fill the vacancy until the first meeting of the Legislature, except for the Office of the President.

ARTICLE IV. THE LEGISLATURE

SECTION 1. MEMBERSHIP

All legislative powers herein granted shall be vested in the Legislature of the DSG, composed of representatives representing all members of the DSG. The membership of the Legislature shall be composed of representatives from living groups, the exact number and allocation to be determined by By-Law.

The Legislature may, through the By-Laws to the Constitution, establish any necessary and proper qualifications which elected representatives must retain during their terms of office.

SECTION 2. OFFICER OF THE LEGISLATURE

The chief officer of the Legislature shall be the Executive Vice-President. A Legislative Pro-Tempore will be elected at the end of each legislative session. This officer shall preside over the Legislature when the Executive Vice-President is not present or has to step down due to a conflict of interest, be responsible for any documents necessary for conducting Legislative meetings, be a full voting member of the Legislature until he/she assumes the chair, and perform any other duties that may be prescribed by By-Law.

A Chairperson of the Student Organizational Finance Committee shall be elected by the Legislature in the Spring of each year. This officer shall serve as a full voting member of the Legislature and shall be the non-voting (except to break ties) chair of the Student Organizational Finance Committee, a committee of the Legislature charged with fulfilling Section 4b, c, and h of this Article. The structure and duties of the Committee, and other duties for the chair, will be prescribed by By-Law.

A Parliamentarian shall be appointed by the Executive Vice-President from the student body to aid him/her in running Legislative meetings, and to perform other duties that may be prescribed by By-Law. This officer shall have non-voting member status.

SECTION 3. STANDING COMMITTEES OF THE LEGISLATURE

There shall be five standing committees of the Legislature: Academic Affairs, Community Interaction, Facilities and Athletic Affairs, Student Affairs, and Student Organizational Finance.

SECTION 4. DUTIES AND POWERS OF THE LEGISLATURE

The Legislature shall have the power:

a) to enact any legislation concerning matters of policy affecting students and their welfare under this Constitution;

b) to charter all organizations established by and for undergraduates;

c) to determine the Student Activity Fee to be paid by all undergraduates during the next succeeding school year, provided that the fee may not be increased beyond an annual adjustment for inflation (as determined by the Cost of Living Index distributed annually by the Federal Reserve Bank of Charlotte) without the approval of a majority of those voting in a referendum of the Duke Student Government;^[1]^[1]

d) to review and repeal executive orders, by a majority of those voting;

e) to override a presidential veto by a two-thirds majority of those voting;

f) to reserve for representatives one seat on any University policy-making or advisory body, and to allow the President to fill those seats with representatives through a process to be prescribed by By-Law;

g) to ratify all nominations by the President to student positions on any University policy-making or advisory bodies, and to appointive positions within the DSG;

h) to allocate and authorize the expenditure of any and all funds received by the DSG from whatever source derived;

i) to establish their rules of procedure, and to establish and enforce rules of conduct and attendance for members of the Legislature, and with the concurrence of two-thirds of the representatives present and voting provided a quorum of the Legislature is present, to expel a member, but only for violations of said rules;

j) to impeach any member of the Cabinet or the Judiciary of the DSG on the grounds of misfeasance or nonfeasance in office, with the concurrence of a majority of the representatives present and voting provided a quorum of the membership is present. Any impeached officer shall be entitled to a hearing before the Legislature at which the Chief Justice of the DSG shall preside, to be held no sooner than five class days and no later than ten class days from the date of impeachment. If the Chief Justice has been impeached, the Executive Vice-President shall preside over the hearing. Impeached officers shall be entitled to all of the substantive rights and immunities otherwise provided for in this Constitution. If, following the hearing, the charges shall be sustained by at least two-thirds of the representatives present and voting provided a quorum of the Legislature is present, the impeached officer shall be removed from office;

k) to censure any member of the Cabinet with the concurrence of two-thirds of those present, provided a quorum is present;

l) to prescribe the individual duties of each representative by By-law.

SECTION 5. ENACTMENT AND APPROVAL

a) All act of the Legislature and all executive orders shall go into effect within three days, pending the signatures of the President, the Executive Vice-President, and the Attorney General. The failure to sign an act of the legislation by the President shall constitute a veto, and the signature of the President shall indicate a commitment by the Cabinet to implement the legislation or executive order. The signature of the Executive Vice-President shall indicate the document’s contents, as well as its consideration and passage, conformed to proper legislative procedure. The signature of the Attorney General shall indicate that the document’s contents, as well as its consideration and passage, conformed to proper Constitutional and By-law procedure.

b) Any act of the Legislature, other than impeachment or By-law or constitutional amendment, requiring immediate action may go into effect upon approval of the President.

An executive order requiring immediate action may go into effect upon approval of the Executive Vice-President.

c) Any act of the DSG or any act of an officer representing the DSG in his/her official capacity may be subject to referendum approval upon petition signed by fifteen percent of the members of the entire DSG. Such petitions must mention the specific policy or act questioned.

The requested approval shall be given unless at least a majority of those voting in referendum, this majority representing at least twenty-five percent of the members of the entire DSG, vote against approval.

d) Nothing in this Constitution shall be construed to deny the right of the student body to initiate legislation by petition, and the Legislature may by By-law prescribe the procedure for such initiation of legislation.

SECTION 6. MEETINGS OF THE LEGISLATURE

a) A session of the Legislature shall begin on the first day of classes in each Fall semester, and shall end on the last day of classes in the next succeeding Spring semester.

The Legislature shall determine the time and place of its meetings, but shall meet at least monthly during each semester.

A quorum shall consist of a majority of the entire membership of the Legislature which is in good standing. The requirement for membership in good standing shall be established by the Legislature in a By-law to the Constitution.

b) Any student or representative of a student group shall have the right to appear at any regular meeting of the Legislature to present for consideration matters of University-wide interest, and all meetings of the Legislature shall be open to the public.

c) Special meetings of the Legislature may be called by the President, the Executive Vice-President, or upon written request of twenty-percent of the members of the Legislature.

ARTICLE V. THE JUDICIARY

The DSG shall have an independent Judiciary, vested with the power of judicial review. Its purpose shall be to interpret the DSG Constitution and By-laws, decide all cases arising under this Constitution and its By-laws, rule on actions of DSG officers and the Legislature taken under the Constitution and By-laws, and perform other duties which may be prescribed by By-law.

SECTION 1. CHIEF JUSTICE

The chief legal officer of the DSG shall be the Chief Justice, who shall be independently elected in accordance with procedures established by By-law and shall serve as an ex-officio, non-voting member of both the Legislature and the Cabinet upon election. The Chief Justice, as the representative of the Judiciary, shall have the power to issued opinions on all matters as outlined above, and perform any other duties which may be prescribed by By-law. If his or her ruling is disputed, a hearing before the entire DSG Judiciary will be called.

SECTION 2. DSG JUDICIARY

a) There shall be a DSG Judiciary which shall be presided over by the Chief Justice. The Judiciary, including the Chief Justice, shall be composed of an odd number of members, with the Chief Justice voting only in case of a tie. The number of members and their selection process shall be prescribed by By-law, with the understanding that the President may not appoint more than one-half of the members.

b) At the time of selection, at least one member of the Judiciary shall have served for at least one semester as the DSG’s Attorney General, or as another member of the DSG’s Cabinet, or as a member of the Undergraduate Judicial Board. Members of the Judiciary shall serve for a term of one year. While serving on the Judiciary, no member may serve as a member of the Legislature or the Cabinet, with the exception of the Chief Justice and temporary members as hereafter provided.

SECTION 3. PROCEEDINGS OF THE JUDICIARY

a) The Judiciary shall conduct sessions only when a majority of members are present. If the Chief Justice is not present, another member of the Judiciary shall serve as temporary Chair.

b) The concurrence of at least a majority of members shall be necessary to render a decision, except as otherwise provided herein.

c) All decisions and rulings of the Judiciary shall be transmitted in writing by the Chief Justice to the appropriate executive officer or body.

d) No member of the Judiciary may take part in a case in which s/he might have conflicting interests or sympathies.

A member who does not voluntarily disqualify himself/herself may be justified by unanimous vote of the other members of the Judiciary.

In the event of a disqualification, the Judiciary may by unanimous vote appoint a temporary member from among the members of the Undergraduate Judicial Board.

SECTION 4. POWERS OF THE JUDICIARY

a) The DSG Judiciary shall be the supreme judicial body within the DSG;

b) If the opinion issued by the Chief Justice is disputed, the Judiciary, at the request of the Chief Justice, the President, the Attorney General, the Cabinet, a majority of those voting in the Legislature, or upon written request of fifty or more students, shall interpret this Constitution and the By-laws of the DSG. Final adjudication of all Constitutional and By-law questions shall rest with the Judiciary.

c) The Judiciary, or the Chief Justice as its representative, may review any act of the DSG for consistency with this Constitution or its By-laws.

d) The Judiciary, or the Chief Justice as its representative, shall decide all cases arising under this Constitution or its By-laws, and all cases in which jurisdiction has been granted to it by the By-laws and Statutes, and possess such powers necessary for the furtherance of its decision.

e) The Judiciary, or the Chief Justice as its representative, may decide cases in which the DSG or an officer of the DSG in his/her official capacity is a party, and cases arising between the auxiliary student governments.

f) The Judiciary, or the Chief Justice as its representative, shall have power to conduct investigations, examine evidence, call available witnesses, authorize the issuance of such writs as it shall require, and make all rules necessary and proper for the conduct of its businesses.

g) Nothing in this Constitution shall affect the power of the Undergraduate Judicial Board to enforce the University Judicial Code.

SECTION 5. SUBSTANTIVE RIGHTS AND IMMUNITIES

a) General Rights and Immunities

1) No student or group of students may be deprived of their rights or property without due process of law, nor be denied the equal protection of law within the DSG.

2) No student or group of students may be prosecuted within the DSG under a By-law, statute, rule or regulation which was enacted after the fact of the action, nor be punished more severely under the By-law, statute, rule or regulation which increases the punishment established at the time of the action.

3) No student or group of students may be prosecuted within the DSG for an act committed more than one calendar year before the initiation of prosecution.

4) No student or group of students may be prosecuted within the DSG more than once for the same act under the same law, statute, rule, By-law, or regulation.

b) Procedural Rights

Any student accused and brought to trial within the DSG may not be denied the rights:

1) To receive written notice of the charges against him/her and be given the opportunity to prepare a defense reasonably in advance of a hearing;

2) To confront and question the accuser;

3) To question witnesses and submit material evidence;

4) To refuse to testify against himself or herself, and any student offering testimony may refuse to answer questions which would tend to incriminate himself/herself, and no evidence may be presented against him/her which was seized and held from the student without his/her permission or without warrants from designated authorities;

5) To present a defense including material witnesses and a reasonable number of character witnesses;