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 shall 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 of policies, supplementing the Constitution. The order of precedence of these regulations shall be: Constitution, Bylaws, Policy.

Article II: ASHMC Officer Policy

  1. Voting Offices
    1. The voting members of the ASHMC Senate shall consist of a President from each dormitory and a President from each of the four classes. The non-voting members of the ASHMC Senate shall consist of the ASHMC Senate Chair and Treasurer. The ASHMC Senate Chair shall chair the ASHMC Senate.
    2. The permanent voting members of the ASHMC Executive Board shall consist of the ASHMC Senate Chair, Treasurer and other positions declared as such in the ASHMC Bylaws. The permanent non-voting members of the ASHMC Executive Board shall consist of the ASHMC President. The ASHMC President shall act as chair of the Executive Board.
    3. Dormitory Presidents shall be elected by the members of the dormitory they represent.
    4. Class Presidents shall be elected by the class they represent.
    5. Other elected positions shall be elected by the constituency they represent.
  2. Holding an Office
    1. The term of office for all ASHMC officers elected under Article V Section 2 shall begin at most two weeks after the election concludes, and shall 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. No person shall hold or represent more than one position on the ASHMC Senate and Executive Board at the same time.
  3. Eligibility
    1. All ASHMC elected officers must be members of ASHMC.
    2. Class presidents must be members of their class and dormitory presidents must be members of their dormitory in the year during which they will hold office.
    3. The ASHMC President, Senate Chair, Judiciary Board Chair, and Disciplinary Board Chair must be members of the Junior or Senior class.
    4. The ASHMC President, Senate Chair, Treasurer, Judiciary Board Chair, and Disciplinary Board Chair must be filled by individuals.
    5. The ASHMC 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 shall 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 shall begin within a week of the vacancy.
    2. If there is a vacancy in the office of the Senate Chair, the President shall 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 shall begin within a week of the vacancy.
    3. If there is a vacancy in the office of any other ASHMC elected office, the Senate shall appoint a temporary replacement.  An election in accordance with the requirements ordinarily specified for the vacated office shall begin within one week of the vacancy.
    4. If there is a vacancy in the office of the Treasurer, the ASHMC President shall appoint a replacement within one week of the vacancy.
  5. Expectations of ASHMC Officers
    1. All ASHMC Officers are expected to act in good faith when performing the duties of their offices.
    2. All ASHMC Officers are expected to perform the duties of their office to the best of their abilities.
    3. An ASHMC Officer may be removed from office as a part of a Judiciary Board, Disciplinary Board, or joint Judiciary-Disciplinary Board settlement or punishment.

Article III: The ASHMC Senate

  1. Powers and Responsibilities of the ASHMC Senate
    1. Constitutional Proposals
      1. The Senate can propose changes to the Constitution with a three-quarters majority of the full Senate. These changes must then be brought before the student body as a referendum and receive a two-thirds majority of a three-fifths quorum of the student body.
    2. Bylaw Changes
      1. The Senate shall maintain a set of Bylaws to supplement this Constitution.
      2. The Senate can change its Bylaws with a three-quarters majority vote of the full Senate.
    3. Budgeting
      1. The Senate controls all budgeting of ASHMC funds.
      2. The Senate has the authority and responsibility for the allocation of ASHMC funds. Any member of ASHMC may call for an annual audit of the financial records of ASHMC.  
      3. The Senate must hold a referendum for allocations that exceed two percent of the previous year’s total ASHMC budget, unless ASHMC is legally bound to pay the allocation, in which case the ASHMC President must inform the student body of the expenditure within a week.
      4. The Senate may not allocate more money than is in its budget, and may not incur debt of any kind.
      5. When allocating money, the Senate must designate who is responsible for ensuring that the money is spent as allocated.  This individual must be informed that they are responsible when they receive the allocation.
      6. The Senate may reduce an allocation if the individual or individuals responsible for the allocation agree to the changed amount, or if a Judiciary Board ruling finds that the allocation was obtained under false premises.
      7. The fee for ASHMC tax filing, as set by ASHMC’s accountant, is a fixed expense that does not require annual re-approval.
      8. The allocation that each dormitory is entitled to receive per dormitory member per semester, from ASHMC, shall be a fixed fee as specified by the Senate Bylaws.
      9. The allocation that each class is entitled to receive per class member per semester, from ASHMC, shall be a fixed fee as specified by the Senate Bylaws.
    4. Senate Committees
      1. Senate committees shall operate under their own set of regulations and under regulations found in the Senate Bylaws. Committees may propose changes to their regulations, subject to approval by the Senate.
      2. Committee regulations shall at a minimum designate a chair to be held accountable for the committee’s actions.
      3. The Senate reserves the right to overrule any Senate committee action or policy.
    5. Senate Authority
      1. The Senate has the authority to address all matters within ASHMC as it sees fit, so long as its actions are in keeping with the Constitution and the Bylaws.
  2. Members of the ASHMC Senate
    1. Authority of Members
      1. A “member” of the Senate is considered one position, regardless of the number of individuals sharing it.
      2. Each voting member of the Senate shall have one vote.
      3. The ASHMC Senate Chair shall gain a vote in the event of a tie.
    2. Dormitory Presidents
      1. Dormitory Presidents shall act as the chief spokesperson for their dormitory and represent its best interests to members of the college community.
      2. Dormitory Presidents shall keep their dormitory updated on developments in the Senate.
      3. Dormitory Presidents shall communicate to their dormitory significant developments at Harvey Mudd College.
      4. Dormitory Presidents shall be responsible for allocating their funding to be used for the benefit of their dormitory.
      5. Dormitory Presidents shall be voting members of the Senate.
      6. Additional responsibilities for Dormitory Presidents may be established in the Senate Bylaws.
    3. Class Presidents
      1. Class Presidents shall be the chief spokesperson for their class and represent its best interests to members of the college community.
      2. Class Presidents shall be responsible for allocating their funding to be used for the benefit of their class.
      3. Class Presidents shall be voting members of the Senate.
      4. Additional responsibilities for Class Presidents may be established in the Senate Bylaws.
    4. Additional Members
      1. The Senate Chair and Treasurer shall be non-voting members of the ASHMC Senate.
      2. No other persons shall be members of the ASHMC Senate.

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 executive 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. Policy
      1. 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. They must include a list of responsibilities and policies to be followed by the members of the Executive Board. These documents are titled ‘ASHMC Policy’.
      2. These documents must be made public to members of ASHMC.
      3. ASHMC Policy must be in keeping with the Constitution and Bylaws.
    3. Executive Board Authority
      1. The Executive Board shall execute the policies described in the Constitution, Bylaws, and its own Policy.
      2. The Executive Board shall 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.
      3. The ASHMC President shall be responsible for prosecuting violations of the Constitution, Bylaws, and Policy, if determined necessary by the Executive Board.
  2. Members of the Executive Board
    1. Authority of Members
      1. Each voting member of the Executive Board shall have one vote.
      2. The ASHMC President votes only to break a tie.
    2. The President
      1. Responsibilities of the President
        1. The President shall act as the chief executive of ASHMC and oversee the Senate Chair, Treasurer, and positions created by the Executive Board.
        2. The President shall act as the chief spokesperson for ASHMC and shall represent its best interests.
        3. The President shall act as Chair of the Executive Board.
        4. The President shall 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.
    3. The Senate Chair
      1. Responsibilities of the Senate Chair
        1. The Senate Chair shall assist the President in their duties.
        2. The Senate Chair shall be a non-voting member of the ASHMC Senate and chair all Senate meetings.
        3. The Senate Chair shall act as a liaison between ASHMC and Harvey Mudd on matters regarding campus policy.
        4. The Senate Chair, or their designee, shall direct all ASHMC elections, with the exception of dormitory elections, in accordance with Article V.
        5. The Senate Chair shall be responsible for performing any additional responsibilities outlined in the ASHMC Policy or in the Bylaws.
    4. Treasurer
      1. Responsibilities of the Treasurer
        1. The Treasurer shall be responsible for maintaining precise and up-to-date records of ASHMC’s finances.
        2. The Treasurer shall be responsible for allocating ASHMC’s funds as directed by the Senate.
        3. The Treasurer shall deliver within one week a full audit of ASHMC’s finances to any ASHMC member upon request.
        4. The Treasurer shall 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 ASHMC’s unallocated funds or if paying the allocation would violate ASHMC’s legal or contractual obligations.
      3. Selecting the Treasurer
        1. The Treasurer shall 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 Treasurer’s performance to be unsatisfactory, the President may remove the Treasurer from office, so long as the Senate approves with a simple majority.
    5. Additional Members
      1. The creation of any new voting positions on the Executive Board in ASHMC Policy requires Senate approval with three-quarters majority.

Article V: Elections, Initiatives, and Referenda

  1. Dormitory Elections
    1. A dormitory election for Dormitory Presidents shall be considered valid if it meets all of the following criteria:
      1. Only the residents of the dormitory were permitted to vote.
      2. At least a three-day nomination period was allotted.
      3. At least a four-day voting period was allotted.
      4. All votes within a dormitory were given equal weight.
      5. All candidates must be treated equally.
      6. The election was conducted via secret ballot.
      7. No person ran on more than one ticket at once.
      8. The dormitory was informed of the procedure being used by the beginning of the nomination period.
    2. Other dormitory officer positions may be established in the Bylaws or by the Dormitory Presidents, and they may be either elected by the dormitory or appointed by the Dormitory Presidents and approved by the dormitory.
    3. The Judiciary Board Chair has the power to review and resolve all dormitory voting procedures.
    4. All dormitories must complete an election for their dormitory presidents within two weeks of the end of room draw.
    5. All other ASHMC dormitory officers required by the Bylaws must be elected by the second week of the fall semester.
    6. If any ASHMC dormitory position is not filled at any time, the Dormitory Presidents must fulfill the responsibilities of that position until a new person is selected to that position.
  2. General Elections
  1. Elected Positions
    1. The ASHMC President, Senate Chair, JB Chair and DB Chair shall be elected by the whole student body.
    2. The Class Presidents shall be elected by the members of their class.
  2. General Procedure
    1. Dormitories shall be responsible for maintaining their own election processes following the basic criteria for dormitory elections laid out in this document.
    2. All elections outside of dormitory elections shall be conducted by the ASHMC Senate Chair. 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 class shall have one vote in that class’s elections.
    4. Each member of ASHMC shall have one vote in ASHMC elections. No other persons shall vote in ASHMC elections.
    5. An election shall end 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.
  3. Initiatives
    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.
  4. 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.
    2. Procedure
      1. The referendum election shall start within one week after the vote in the Senate.
  5. Elections
    1. Petitions
      1. To participate in an election, a member of ASHMC must collect signatures from one-tenth of their intended constituents.
      2. Constituents may sign petitions for multiple candidates.
      3. Candidates for Dormitory President do not require petitions.
    2. Procedure
      1. All members of ASHMC shall be notified at least a week before an election ends.
    3. Timing
      1. Elections of all elected offices specified in this Constitution shall occur by a time specified in the Bylaws.
  6. 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. Senate Chair
    1. In the case where the President deems the Senate Chair’s performance to be unsatisfactory, the President may remove the Senate Chair from office, so long as the Senate approves with a three-quarters majority.
    2. In the session where the Senate is considering removing the Senate Chair at the request of the President, the President shall be the presiding officer.

Article VI: New Constitutions and Constitutional Amendments

  1. Scope of Amendments and New Constitutions
    1. A Constitutional Amendment shall take precedent over this Constitution and any prior approved amendments.
    2. A new Constitution will override this document.
    3. A new Constitution must include the date at which it goes into effect.
  2. Petitions
    1. 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. Procedure
    1. Up to a week before the start of a constitutional referendum, the Executive Board shall hold a convocation. The convocation must be completed twenty-four hours prior to the start of the constitutional referendum.
    2. The Executive Board shall begin a constitutional referendum within two weeks of receiving the petition.
    3. An amendment must be approved by a two-thirds majority of a quorum of  three-fifths of the entire ASHMC membership.
    4. All members of ASHMC must be informed of the start of the voting period, when quorum is reached, and when the voting period ends.
    5. The voting period must remain open for twenty-four hours after quorum is reached.
  4. Changes to Article VII
    1. 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. Any member of the Harvey Mudd College community who observes an Honor Code violation shall report the violation to the Judiciary Board Chair stating the offense and the names of all parties involved. Either party may request a hearing or may seek an out-of court settlement in consultation with the Judiciary Board Chair. The Judiciary Board Chair shall keep a complete record of all such settlements. The procedures for pursuing a Judiciary Board hearing shall be specified in the Bylaws or Constitution.
  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. All members of the Harvey Mudd College community agree to report violations of the Disciplinary Code to the Disciplinary Board Chair. Either party may request a hearing or may seek an out-of-court settlement in consultation with the Disciplinary Board Chair. The Disciplinary Board Chair will keep a complete record of all such settlements. The procedures for pursuing a Disciplinary Board hearing shall be specified in the Bylaws of Constitution.
  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. Continuation of Previous Legislation
    1. All laws and regulations approved under previous ASHMC Constitutions shall remain valid provided they do not conflict with this Constitution.
    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 shall take effect starting March 14, 2015.