Article IV: Impeachment

Section 1–Grounds for Impeachment

The following shall be considered grounds for the impeachment of any executive officer or member of the Student Council:

1. Serious misconduct, negligence or repeated inattention in carrying out official duties;
2. Misappropriation of funds;
3. Willful violation of the provisions of the Charter.

Section 2–The Impeachment Process

1. Any executive officer or elected member of the Student Council may be impeached either upon the lodging of a petition with the Chief Justice of the Judicial Board, specifying charges and signed by five percent or more of the student body, or by means of a resolution passed by the members of the Student Council, with at least two-thirds of the qualifying membership in agreement.
2. If an elected member of Student Council has not been sworn, and has not carried out official duties, Student Council can pass a resolution for the official removal of the elected member, with at least two-thirds of the qualifying membership in agreement.
3. The Student Council President or an executive officer must submit a letter of notification as well as the meeting minutes to the advisor(s) of the Student Council, Director of Student Life, Chief Justice of the Judicial Board, and the Dean of Students on the removal of any Student Council member that is not sworn.

Section 3–The Trial of Impeached Members of the Student Council

1. The trial of any impeached executive officer or elected member of the Student Council shall be conducted before the Judicial Board.
2. If the impeachment is by means of petition as set forth in Article IV, Section 2, Paragraph A, the Judicial Board shall verify the signatures on the petition within one week of its submission. If the impeachment is by means of resolution as set forth in Article IV, Section 2, Paragraph B, a member from the Judicial Board or an Advisor from Student Council must be present to witness the removal of an elected member of Student Council by majority vote during the meeting.
3. Within three business days of this verification, or after the receipt of a duly passed Student Council resolution, the Judicial Board shall provide the accused with a copy of the verified documents, and after full consultation with all interested parties, set a date for an open hearing. This date shall be no later than two weeks after the receipt of the petition or resolution by the Judicial Board.
4. It shall be the duty of the Chief Justice of the Judicial Board to ensure that the student body is given adequate notice of this open hearing, and of the nature of the charges lodged against the impeached member of the Student Council.
5. The case against the impeached member either shall be made by the first signer of the petition or by the sponsor of the resolution, as the case may be or by such agents as these parties may designate. The accused may defend himself/herself or may designate an agent to conduct their defense.
6. Both the accuser and the accused shall have the right to call witnesses and to cross-examine witnesses called by the opposing party.
7. Following the conclusion of the open hearing, the Judicial Board shall meet in closed session to consider the evidence and reach a decision. This decision, together with any accompanying opinions, shall be made public within one week after the conclusion of the open hearing.

Section 4–Conviction and Removal from Office of Members of the Student Council

1. Should four-fifths of the members of the Judicial Board find an impeached member of the Student Council guilty of any charges brought against him or her, he or she shall be considered convicted and removed from office. No student, once so convicted, shall again be eligible to hold any office or position within the Student Government. Should none of the charges be sustained by the Judicial Board, the impeached member shall be considered acquitted.
2. Should the Student Council cast a majority vote on the impeachment and removal of an elected member by resolution, the Student Council President must send a memorandum to the Judicial Board, the advisor, the Director of Student Life, and the Dean of Students.

Section 5–Suspension of Impeached Members of the Student Council

1. Should two-thirds of the elected members of the Student Council agree that the charges against another member are of sufficient gravity, they may vote to suspend that member from his or her duties for the duration of the impeachment process. In no case, however, shall such suspension be viewed as an indication of guilt of the impeached member. A suspended member shall immediately regain his or her powers upon acquittal by the Judicial Board.
2. In the event that the President is the subject of suspension or impeachment, the Vice President shall serve as acting-president until the disposition of the case.