The Constitution of the Associated Students of Harvey Mudd College

Article I: The Associated Students of Harvey Mudd College

  1. Name
    1. This organization shall be known as the Associated Students of Harvey Mudd College, which is officially designated by the initials ASHMC.
  2. Membership
    1. All registered students of Harvey Mudd College shall be members of ASHMC.
    2. Students on an official leave of absence may petition to remain members of ASHMC following the rules laid out in the Bylaws.
  3. Procedure
    1. Except for circumstances that require privacy, all members of ASHMC have the right to attend any and all official meetings of the ASHMC Senate and the Executive Board.
    2. The ASHMC Senate will maintain a set of bylaws, and the ASHMC Executive Board shall maintain a set ofpolicies, supplementing the Constitution. A brief version of this constitution will be maintained along with thisdocument. The order of precedence of these regulations shall be: Annotated Constitution, Bylaws, Policy. TheHonor Board will maintain a set of policies for Judiciary and Disciplinary procedures.

Article II: ASHMC Officer Policy

  1. Voting Offices
    1. The voting members of the Senate shall consist of a President from each dormitory and a President from each of the four classes. The non-voting members of the Senate will consist of the Senate Chair, who will chair the senate, and Treasurer.
    2. The voting members of the Executive Board shall consist of the Senate Chair, Treasurer and other positions declared as such in the Bylaws. The ASHMC President will act as chair of the Executive Board, and is a non-voting member.
  2. Holding an Office
    1. The term of office for all ASHMC officers elected under Article V Section 2 will begin at most two weeks after the election concludes, and will expire when they resign, are recalled, or when their successor takes office, whichever comes first.
    2. Officers who take a leave of absence or study abroad must forfeit their position during their absence from campus.
  3. Eligibility
    1. All elected officers must be members of ASHMC.
    2. The President, Senate Chair, Judiciary Board Chair, and Disciplinary Board Chair must be members of the Junior or Senior class in the year during which they will hold office.
    3. The President, Senate Chair, Treasurer, Judiciary Board Chair, and Disciplinary Board Chair must be lled by individuals.
    4. Class presidents must be members of their class in the year during which they will hold office. For dorm presidents, a strict majority must reside in the dorm for which they are president, in the year during which they will hold office.
    5. The Senate may restrict students from holding both certain ASHMC offices and other positions on campus if the Senate decides that there is a significant conflict of interest. These restrictions must be specified in the Bylaws.
  4. Vacancies
    1. If there is a vacancy in the office of ASHMC President, the Senate Chair will assume the duties of the President, without vacating their role as Senate Chair, until a new President is elected. An election in accordance with Article V to elect a new President will begin within a week of the vacancy.
    2. If there is a vacancy in the office of the Senate Chair, the President will assume the duties of Senate Chair until a new Senate Chair is elected. An election in accordance with Article V to elect a new Senate Chair will begin within a week of the vacancy.
    3. If there is a vacancy in the office of any other ASHMC elected office, the Senate will appoint a temporary replace- ment. An election in accordance with the requirements ordinarily specified for the vacated office will begin within one week of the vacancy.
    4. If there is a vacancy in the office of the Treasurer, the ASHMC President will appoint, with a three-quarters majority of the Senate, a replacement within one week of the vacancy.
  5. Expectations of ASHMC Officers
    1. All Officers are expected to act in good faith when performing the duties of their offices.
    2. An Officer may be removed from office as a part of an Honor Board sanction.
  6. The ASHMC President, Senate Chair, Treasurer, Judiciary Board Chair, and Disciplinary Board Chair will receive stipends totaling no more than 2.5% of student dues collected.
  7. Positions on the Executive Board are eligible to receive up to a $600 annual stipend. Executive Board stipends will be reviewed annually by the Senate.
  8. Updates to this clause and Senate Bylaws Article X.9.i. will not take effect until the next elections are held.

Article III: ASHMC Senate

  1. Powers and Responsibilities of the ASHMC Senate
    1. Senate may propose changes to the Constitution with a three-quarters majority of the full senate. These must then be ratified as specified in Article VI.
    2. The Senate may change its Bylaws with a three-quarters majority of the full Senate.
    3. The Senate has the authority to address all matters within ASHMC as it sees fit, in keeping with the Constitution and Bylaws.
    4. Budgeting
      1. The Senate maintains all authority and responsibility for the allocation of ASHMC funds.
      2. The Senate must hold a referendum for allocations that exceed four percent of the previous years total ASHMC budget, unless the ASHMC is legally bound to pay the allocation, or the allocation is specified in the Constitution. If Senate allocates money exceeding four percent to an item for which it wasn’t allocated in the previous year, the President must inform the student body within one week.
      3. When allocating money, the Senate must designate who is responsible for ensuring the money is spent as allocated. This individual must be informed when the allocation is made, and the allocation may only be reduced if the individual agrees to the changed amount, or an Judiciary Board ruling finds the ruling was obtained under false premises.
      4. The fee for ASHMC tax filing does not require annual re-approval. The allocation that each dormitory receives per member per semester, and the allocation that each class receives per member per semester, will be set by the Senate bylaws and do not require annual reapproval.
    5. A member of Senate is considered one position, regardless of the number of individuals sharing it. Each voting member of Senate has one vote. Dormitory Presidents and Class Presidents are voting members of Senate, and the Senate Chair gains a vote in the event of a tie.

Article IV: The Executive Board

  1. Powers and Responsibilities of the Executive Board
    1. Appointments and Committees
      1. The Executive Board may create, change, or remove executive committees and offices.
      2. The Executive Board may appoint or remove unelected individuals to or from any executive office or position on an executive committee.
      3. All executive officers and committees are responsible for the proper functioning of their offices, and must report to the Executive Board upon request.
      4. All executive officers and committee members shall be members of ASHMC.
    2. The Executive Board must maintain a set of documents that detail and ensure the proper functioning of the Executive Board, its members and executive officers or committees. These documents are titled ASHMC Executive Policy.
    3. Authority
      1. The Executive Board will undertake tasks to advance ASHMC that are in keeping with the Constitution, Bylaws, and its own Policy, as well as directives set by the Senate.
      2. The ASHMC President is responsible for prosecuting violations of the Constitution, Bylaws, and Policy, if determined necessary by the Executive Board.
  2. Members of the Executive Board
    1. The President
      1. Responsibilities of the President
        1. The President will act as chief executive of ASHMC and oversee the Senate Chair, Treasurer, and positions created by the Executive Board.
        2. The President will act as the chief spokesperson for ASHMC and will represent its best interests.
        3. The President will be responsible for performing any additional responsibilities outlined in the ASHMC Policy or in the Bylaws.
      2. Presidential Veto
        1. The ASHMC President may veto any proposal voted on by the Executive Board.
        2. A veto may be overridden by a three-quarters vote of the Executive Board.
    2. The Senate Chair
      1. Responsibilities of the Senate Chair
        1. The Senate Chair will act as a liaison between ASHMC and Harvey Mudd on matters regarding campus policy.
        2. The Senate Chair, or their designee, will direct all ASHMC elections, with the exception of dormitory elections, in accordance with Article V. The Senate Chair will be responsible for performing any additional responsibilities outlined in the ASHMC Policy or in the Bylaws.
    3. Treasurer
      1. Responsibilities of the Treasurer
        1. The Treasurer will be responsible for maintaining precise and up-to-date records of ASHMCs finances.
        2. The Treasurer will be responsible for allocating ASHMCs funds as directed by the Senate.
        3. The Treasurer will deliver within one week a full audit of ASHMCs finances to any ASHMC member upon request. The Treasurer will be responsible for performing any additional responsibilities outlined in the ASHMC Policy or in the Bylaws.
      2. Treasurer Veto
        1. The Treasurer may veto allocations made by ASHMC if the allocation is greater than ASHMCs unallocated funds or if paying the allocation would violate ASHMCs legal or contractual obligations.
      3. Selecting the Treasurer
        1. The Treasurer will be appointed by the ASHMC President and approved by a three-quarters majority of the Senate.
        2. In the case where the President deems the Treasurers performance to be unsatisfactory, the President may remove the Treasurer from office, so long as the Senate approves with a simple majority.
    4. The creation of any new voting positions on the Executive Board in ASHMC Executive Policy requires Senate approval with three-quarters majority.

Article V: Elections, Initiatives, and Referenda

  1. Elections for Dormitory Presidents must be held within two weeks of the end of room draw. Only dormitory affiliates for the next year and graduating seniors from the dormitory may be permitted to vote. The voting system must be approved by ASHMC Senate before the petition period begins. Students studying abroad or living off campus in the next year are affiliated with the last dorm in which they lived.
  2. All other elections will be considered general elections.
    1. The President, Senate Chair, JB Chair, DB Chair, and all voting members of the Executive Board must be elected by the whole student body. Class presidents must be elected by the members of their class.
    2. All general elections will be conducted by the ASHMC Senate Chair. The Senate Chair will designate someone to run the election if the Senate Chair is running.
    3. To run in a general election, a candidate must collect signatures from one tenth of their constituency. Seniors can sign as proxies for freshmen. Constituents may sign multiple petitions.
    4. The petition period and voting period must each last a week.
  3. Election Procedures
    1. The timing of ASHMC Elections will be specified in the Senate Bylaws
    2. All general elections shall be conducted by the ASHMC Senate Chair. The Senate Chair is responsible for checking vote validity. If the Senate Chair is running in an election, they must designate someone who is not running in the election to direct the election.
    3. Each member of a constituency shall have one vote in that election. No other persons shall vote in ASHMC elections.
    4. A week-long petition period shall be allotted.
    5. A general election shall end at least one week after it begins.
    6. All members of ASHMC must be notified at least 24 hours before the conclusion of an election.
    7. All voting must be done by secret ballot.
    8. Any initiative, referendum, or recall must receive a simple majority of the votes cast, excluding blank and illegal votes.
    9. The election of any officer besides Dormitory Presidents must be in keeping with the voting method specified in the Bylaws.
    10. The President and Senate Chair shall run together on the same ticket.
  4. Petitions
    1. Scope
      1. Members of ASHMC may start an initiative to require the Senate or Executive Board to undertake an action that is normally reserved for that body.
      2. The Senate and Executive Board may, by three-quarters vote of each body, decide to nullify an initiative, so long as the initiative would, if properly executed, cause negative legal consequences for ASHMC.
    2. Petitions
      1. A member of ASHMC must collect signatures from one-tenth of the entire ASHMC membership to start an initiative.
      2. An election to vote on the initiative will start within one week of submission to the President or Senate Chair.

    Referenda

    1. Scope
      1. The Senate may start a referendum for any properly seconded motion. The results of the referendum will be used for the aforementioned motion.
    1. Procedure
      1. The referendum election shall start within one week after the vote in the Senate.

    Recalls

    1. Petitions
      1. A member of ASHMC must collect signatures from one-tenth of the constituency of the elected ASHMC officer intended to be recalled. Petitions must be presented to the Executive Board.
      2. A recall may also be initiated by the Senate with a three-quarters vote. The petition again must be presented to the Executive Board.
    2. Procedure
      1. A recall vote shall begin within one week of the presentation of the petition to the Executive Board.
      2. Only members of the constituency of the officer being recalled may vote in the recall. Each said member shall have one vote.
      3. Recalls shall not be conducted by any officer being recalled.

Article VI: New Constitutions and Constitutional Amendments

  1. Scope of Amendments and New Constitutions
    1. New Constitutions or Constitutional Amendments will take precedence over this Constitution and any prior ap- proved amendments.
    2. A new Constitution must include the date at which it goes into effect.
  2. Any member of ASHMC can begin an initiative for a Constitutional Amendment or a new Constitution with signatures from one-tenth of the entire ASHMC membership.
  3. An amendment must be approved by a two-thirds majority of a quorum of three-fifths of the entire ASHMC membership.
  4. Procedure
    1. The Executive Board shall begin a constitutional referendum within two weeks of receiving the petition.
    2. All members of ASHMC must be informed of the start of the voting period, when quorum is reached, and when the voting period ends.
    3. The voting period must remain open for twenty-four hours after quorum is reached.
  5. Article VII, Sections 1 and 2 of this Constitution dealing with the Honor Code and the Disciplinary Code at Harvey Mudd College can be changed only with the approval of the faculty and administration in a manner they see appropriate, and with the approval of ASHMC as outlined above.

Article VII: The ASHMC Judicial System

  1. The Honor Code
    1. All members of ASHMC are responsible for maintaining their integrity and the integrity of the college community in all academic matters and in all affairs concerning the community.
    2. The procedures for pursuing a Judiciary or Disciplinary Settlement will be specified in Honor Board policy and made public on the ASHMC website.
    3. Any member of the Harvey Mudd College community who observes an Honor Code violation of an academic nature should encourage the party who violated the Honor Code to self-report, or report the violation to the Judiciary Board Chair.
  2. The Disciplinary Code
    1. All members of ASHMC are responsible for observing all non-academic college rules and regulations, including those related to college property.
    2. Any member of the Harvey Mudd College community who observes an Honor Code violation of a disciplinary nature, or a violation of campus policies, should encourage the violating party to self-report, or report the violation to the Disciplinary Board Chair.
  3. Judicial Review
    1. The Judiciary Board shall interpret any clause of the ASHMC Constitution as it pertains to any specific situation, within two weeks (excluding vacation periods) following a request to do so by any member of ASHMC.
    2. A Judiciary Board interpretation shall be considered the final decision on the situation being interpreted.

Article VIII: Ratification and Government Continuity

  1. Debt and Contract Continuation
    1. All debts contracted and engagements entered into by ASHMC before this Constitution came into effect will continue to be honored after it has come into effect.
  2. All previous ASHMC officers shall hold their current positions until an appropriate replacement is elected or appointed.
  3. Constitution Effective Date
    1. This Constitution will take effect starting March 22, 2019