A BY-LAW OF THE DUKE STUDENT GOVERNMENT
To Repeal and Replace DSG-BL-1995-042103
THE UNIVERSITY COMMITTEE BY-LAW
I. Definitions and General Principles
A. Procedures outlined in this By-Law must be observed by all University, Trustee, and Presidential Committees
B. A University Committee is a group established by the proper authority within Duke University to review a policy/policies that is/are not solely related to the internal functions of the faculty, administration, or employees. University boards that adjudicate cases involving undergraduates are also included in this definition.
C. A Standing University Committee is one which has existed for more than three semesters. Student members on these committees are to be nominated and approved by the Legislature within two weeks of the first Legislative meeting of the Fall semester. No later than the second committee will the nominees for University committees be announced and deliberated on
D. An Ad Hoc University Committee is one established during the academic year in order to begin immediate consideration on a policy or policies.
1. Student members appointed by DSG will serve on an Ad Hoc Committee until it has completed its work. This includes service from one academic year to the next.
2. An Ad Hoc Committee that exists for more that three (3) consecutive semesters will be redefined as a Standing University Committee. In such case, the student(s) currently serving on the Committee must vacate their positions at the end of the current academic year, but will be eligible to reapply for the position the following year under the procedures for Standing Committees.
E. A Presidential Committee is a group comprised of students, professors, and university administration established by the President of Duke University to review policy or advise action on issues relating to the title and functional intent of the Presidential Committee. Presidential Committees include, but are not limited to the President’s Advisory Council on Black Affairs (PCOBA) and the President’s Advisory Council on Resources (PACOR).
F. A Trustee Committee is a group comprised of students, professors, university administration, and trustees, established under general consent of the Board of Trustees or under special bequest of the Chair of the Board to review policy or advise action on issues relating to the title and functional intent of the Trustee Committee. Trustee Committees include, but shall not be limited to Business and Finance, Academic Affairs, Medical Center Affairs, Student Affairs, and Buildings and Grounds.
G. If a student representative on a University, Presidential, or Trustee Committee resigns his/her position before his/her term of office expires, then DSG must designate a replacement as soon as possible.
II. General Responsibilities of the Administrative Secretary
A. The Legislative Pro Tempore of the Legislature, serving as Administrative Secretary, shall coordinate all of DSG’s activities concerning University, Presidential, and Trustee Committees. His/Her major responsibilities are:
1. To schedule the dates and times for interviews for positions on Trustee and Presidential Committees.
2. To compile a notebook listing each University, Trustee, and Presidential Committee, its purpose, the University authority that oversees the committee, its members, and the Standing Committee of the Legislature that corresponds most closely to the jurisdiction of the University, Trustee and Presidential Committee as determined by the Legislative Pro-Tempore in consultation with the Executive Vice-President. This notebook must be updated at least once a semester and must be publicly available in the DSG office for all candidates for University, Trustee and Presidential Committee membership to review in order for any committee selection process to be valid.
3. To obtain and file in the DSG office the minutes from the meetings of each University and Presidential Committee.
4. To compile a tentative list two weeks before any University, Trustee, or Presidential Committee selection process begins containing the name and description of each, a schedule for when interviews will be held, and a schedule for staffing the interviews with interviewers.
5. To resign his/her position at least three weeks before applying for a seat and/or accepting a nomination on any University, Trustee, or Presidential Committee.
III. Selection of Members onto Trustee or Presidential Committees
A. Each applicant must complete an application. The Administrative Secretary will publicize the availability of applications and the nature of the committee seats open for application through campus-wide media at least one week prior to the application deadline. Applications must be submitted by a deadline to be set by the Administrative Secretary. Any Trinity or Engineering undergraduate will be eligible to apply, barring special exceptions. No graduating senior may apply for a position on a Trustee or Presidential committee which requires that its appointments be made during the Spring semester prior to the beginning of the term of office.
B. A committee will interview all applicants. This interviewing committee, the composition of which will be separately determined for each University Committee under consideration, will be comprised of three to five members: The DSG President, (optional, at the President’s discretion), a current student member of the Trustee or Presidential Committee under consideration, the Vice President whose duties most closely correspond to the jurisdiction of the Presidential or Trustee Committee under consideration, the incoming Vice President (Elect) and two DSG legislators, at least one of which must serve on the DSG Standing Committee that most closely corresponds to the jurisdiction of the Trustee or Presidential Committee under consideration.
C. An applicant for membership on a given Trustee or Presidential committee cannot also be a member of the specific interviewing committee that is considering applications for that Trustee or Presidential Committee.
D. The interviewing committees, after interviewing all applicants, will forward their recommended nominations to the Administrative Secretary, who will evaluate the interview process to ensure that no procedural violations occurred.
E. If any procedural violations are discovered, the Administrative Secretary will report them to the President.
F. Upon receipt of reported procedural violations, the President may:
1. Instruct the Administrative Secretary to form a new interview committee as soon as possible to re-conduct the interviews. The President must report this action to the Legislature at its next meeting. The new committee must submit its recommended nomination(s) to the President no later than one week after its formation.
2. Forward the recommended nomination(s) to the Legislature. The President must explain his/her decision not to repeat the interview process immediately before the Legislature considers the nominee(s)
G. The Administrative Secretary will present the interview committee’s recommended nominations to the President.
H. If the President agrees with the interview committee’s recommended nomination(s), he or she will make these nominations official and forward them to the Executive Vice-President.
I. If the President disagrees with an interview committee’s recommended nomination(s), then he/she can:
1. Instruct the Administrative Secretary to form a new interview committee as soon as possible to re-conduct the interviews. The President must report this action to the Legislature at its next meeting. The new committee must submit its recommended nomination(s) to the President no later than one week after its formation.
2. Replace the committee’s recommended nomination with his/her own nominee. If the President takes this action, he/she must inform the Executive Vice President of the decision. Procedures for this nomination will then follow those outlined above with the alteration that the President must announce immediately before the Legislature begins its consideration of the nominee that the nomination being made was the result of a Presidential decision to override the recommended nomination of the interview committee.
J. The Executive Vice President, upon receipt of the nomination(s) from the President, will promptly place them on the Legislative Agenda.
1. Nominations must be received by the Executive Vice President no later than 5:00 PM of the Wednesday before the next Legislative meeting for inclusion in the packet.
2. Nominations submitted after this deadline will not be considered at the next Legislative meeting unless a majority of the Cabinet favors consideration.
K. The Legislature will consider the nomination(s). The affirmative vote of a majority of legislators is required for the nominee(s) to be confirmed as student member(s) of the Trustee or Presidential Committee.
L. If the Legislature rejects a nominee, the alternates previously selected by the selection committee will be immediately considered. If the alternates are not approved, then a new interview committee will be constituted using established procedure. The new nomination(s) must be presented to the Legislature for consideration no later than one week after the rejection of the initial nominee.
M. The President and Executive Vice President must sign an official notification of all Committee appointments once confirmed by the Legislature for them to become official.
1. One copy of official notification will be forwarded to the proper University authority no later than three days after Legislative approval.
IV. Selection of Members onto University Committees
A. Appointments of DSG legislators to their reserved seats on University Committees will occur as follows:
1. The Vice Presidents and Administrative Secretary will develop a list of DSG Standing Committees and the University Committees which correspond to their jurisdiction with the approval of the President and a majority of the Legislature. This list should be developed in the Spring for use the following academic semester. The listing of a University Committee under the jurisdiction of a specific DSG Standing Committee will constitute a commitment by the Legislature to fill their reserved seat on that University Committee for the following academic year. The Legislature may give up their right of reservation to a seat on a University Committee for the following year by not listing said University Committee under the jurisdiction of any DSG Standing Committee. In such case, the Administrative Secretary will be directed to fill any position(s) on the University Committee according to the procedures outlined above. The Vice Presidents will assign legislators to their reserved seats (as defined in the previous Spring semester’s list) each Fall after the Legislature has been selected and legislators have been assigned to their DSG Standing Committees. Each of these Vice Presidents will distribute a preference form to the legislators on their Standing Committees listing all of the University Committees which correspond to their Standing Committee’s jurisdiction (as defined by the previous Spring semester’s list). The legislators will rank their preferences and return the form to their Vice President, who will assign the legislators accordingly. The Vice Presidents will then forward their recommended legislator assignments to the President for official nomination.
2. If the President agrees with the Vice Presidents’ recommended legislator assignments, she/he will make these nominations official and forward them to the Executive Vice President. If the President disagrees he or she can replace a recommended legislator and forward the name of another legislator from the same Standing Committee or can instruct the relevant Vice President to do so. Once the official nominations have been received by the Executive Vice President, he or she will promptly place them on the Legislative Agenda.
3. Nominations must be received by the Executive Vice President no later than 5:00 PM of the Wednesday before the next Legislative meeting for inclusion in the packet.
4. Nominations submitted after this deadline will not be considered at the next Legislative meeting unless a majority of the Cabinet favors consideration.
B. The Legislature will consider the nomination(s). The affirmative vote of a majority of legislators is required for the nominee(s) to be confirmed as student member(s) of the Trustee or Presidential Committee.
C. The President and Executive Vice President must sign an official notification of all Committee appointments once confirmed by the Legislature for them to become official.
1. One copy of official notification will be forwarded to the proper University authority no later than three days after Legislative approval.
D. Student members serving on University Search Committees (committees constituted to interview and make recommendations regarding candidates for University Administrative offices) will be appointed through the following process.
1. If the service of a specific campus-wide elected official of DSG on University Search Committee is requested by the University President, Provost, or Board of Trustees, then that official shall be automatically appointed to serve in that capacity with the consent of the DSG President and the approval of the Legislature.
2. If the University President, Provost, Board of Trustees, or other administrative body requests a nominee to serve on a University Search Committee, but does not specifically request that a certain campus wide elected official serve in that capacity, the selection procedure will follow status quo and be evaluated by the Administrative Secretary, the Executive Vice President, and the President.
V. Committee Member Responsibilities
A. All student applicants to University, Trustee, and Presidential committees shall receive a copy of their responsibilities, as outlined in the DSG Committee Member Responsibilities sheet. Applicants will be asked if they understand and agree to their responsibilities when interviewed, and only students who indicate understanding of, as well as agreement with these responsibilities shall be appointed. It is the responsibility of the Administrative Secretary to ensure that these steps are carried out.
VI. Interim Appointments to University, Trustee, and Presidential Committees
A. If an appointment of a student representative to a University, Trustee, or Presidential Committee is required during a recess of the Legislature, the President can appoint representatives to serve on the Committee until such time as the Legislature reconvenes.
1. A recess of the Legislature is defined to include Winter Break, Spring Break or Summer Vacation.
2. The Legislature is considered reconvened when it holds its first meeting following a recess.
B. If the President wishes for the interim representative(s) to become the official student representative(s) on the University, Trustee, or Presidential Committee, he or she must request the Legislature’s approval of the interim representative(s) as the Committee’s official student representative(s).
C. This request must be made and considered by the Legislature no later than its second meeting after the recess. A majority vote of the Legislature will be necessary to approve the request.
D. If the request is rejected, then the selection process outlined in By-Law concerning University Committees must be initiated immediately. A new nominee must be presented to the Legislature no later than one week following the rejection of the request. If this deadline is not met, the President must report the situation to the Legislature at the meeting when the new nominee should have been considered.
E. If the President does not wish for the interim representative(s) to continue service on the University, Trustee or Presidential Committee, then he or she must instruct the Administrative Secretary to initiate the selection process outlined in By-Law as soon as the Legislature has reconvened.
VII. Removal From University, Trustee and Presidential Committees
A. University, Trustee, and Presidential Committee members may be removed from their positions for cause of motion of (5) legislators for removal followed by a two-thirds vote of the Legislature in favor of removal. The Chief Justice will issue a recommendation regarding the legal foundation for removal in the specific case being considered to the Legislature immediately prior to this vote
VIII. Amendments to this By-Law
A. In case of future amendments to this By-Law, the entire By-Law shall be retyped to include the amendment and shall replace the previous full copy of the By-Law in DSG records. A clause shall be added at the end of the newly retyped By-Law giving the dates of amendments. Only the most recent amendment shall be retained in DSG records, and previous ones may be discarded as their text will be included in the full By-Law
B. Original By-Law dated March 6th 1995
Respectfully Submitted
Jimmy Carter
DSG Legislative Pro-Tempore
Administrative Secretary