DSG Constitution
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Constitution of the Duke Student Government
Passed by the Senate February 25, 2009
Passed in Referendum March 31, 2009
Amended September 14, 2009
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 EXPECTATIONS AND RESPONSIBILITIES
Recognizing that Duke University has a consistent academic mission to foster a community of scholarship, the undergraduate students feel it essential to enumerate certain expectations and responsibilities which pertain to undergraduate academic life. These freedoms and obligations must function to unshackle ideas from bias, to create an atmosphere of mutual trust, and to offer students access to the necessary facilities and opportunities required for them to actively pursue knowledge. To this end, undergraduate students of Duke University should expect the following:
a) An intellectually vibrant community both inside and outside the classroom
With the recognition that learning and scholarly engagement extend to quads, residences and dining halls, students, faculty, and staff should expect a campus of stimulating inquiry, both formal and informal. Students should strive to actively seek out opportunities for meaningful interaction, and should expect to find faculty and staff who are approachable and willing to participate in cultivating an academic community where the intellectual experience permeates daily campus life.
b) Freedom from religious, political, and other biases
Student performance should be evaluated on an academic basis and not on opinions or conduct in matters unrelated to established academic standards. Students should be free to take reasoned exception to views offered in any course and to reserve judgment about matters of opinion. However, it remains the responsibility of the student to comply with the academic standards for each course in which he/she is enrolled.
c) An atmosphere where students, faculty, and staff encourage mutually respectful discussion and constructive dialogue
Students should expect to be able to express controversial viewpoints; they should not be compelled to alter their messages or refrain from taking a particular side of an issue. A thoughtful and empathetic academic community encourages students to voice their opinions in a respectful manner, for the sake of individual and communal education. To this end, students must be mindful of the potential repercussions of their opinions and should address all controversial topics constructively and respectfully.
d) An environment of academic honesty and integrity
Students, faculty, and staff should work together to foster a spirit of honor and a climate of integrity, where academic dishonesty is not tolerated, but also not expected, from students. Accordingly, students have the responsibility of adhering to the Community Standard at all times, as well as of understanding what their instructors expect of them with regard to academic integrity. Instructors should highlight the importance of academic integrity to an intellectual community and communicate to students what is and is not acceptable academic behavior for each course, particularly when there are ambiguities regarding collaborative assignments, take-home exams, and other potentially unclear situations.
e) Access to quality academic advising
Recognizing that the array of academic opportunities can often be overwhelming, students should expect knowledgeable advice from someone in their chosen field of study, or, for undeclared students, from someone well-versed in a breadth of academic options, based on the student’s interests. In addition, students should expect to have access to meaningful input from other students, course evaluations, synopses, and other information, which will allow them to make informed decisions regarding their academic careers. Furthermore, students should work with their advisors to establish a set of reasonable expectations with which both parties are comfortable.
f) Access to all appropriate and available academic facilities
In order to make the most of their undergraduate experience, students should expect access to information, technology, and buildings for the purposes of inquiry, study, and collaboration, including times that extend beyond regular class hours. These facilities include, but are not limited to, classrooms, study rooms, computing clusters, and other multimedia equipment. Consequently, students have the duty to care for these facilities, to use them responsibly, and to ensure that they are left in good condition.
g) Flexibility in rescheduling exams and other assignments missed as a result of illness or family obligation
Students should not expect to be put in a position where receiving proper medical care/recuperation or fulfilling relevant family obligations requires them to suffer academically. They must abide by policies instituted by the instructor for each course, but instructors should strive for policies that reflect a willingness to make accommodations for students who have to miss class for circumstances beyond their control.
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 Duke Student Government, and shall be referred to in this Constitution as the DSG.
The purpose of this organization shall be to act as the governing body of the undergraduate students at Duke University and to present their views on the affairs of the University community in accordance with the highest ideals of democratic representation and the aims and purposes of the University.
The DSG shall execute the will of the student body, shall serve as a stable support and foundation for student organizations and activities, shall communicate students’ views and relevant information, as well as 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 source of information for the student body, to provide resources and support to student organizations through the student activities fee and other programs, to foster community among students, and to promote quality leadership on campus, both in DSG and in other organizations.
The DSG shall not act contrary to the “Joint Statement of Rights and Freedoms of Students” in any way. Said rights may not be amended except by referendum as described in Article VIII of this Constitution.
ARTICLE 1. MEMBERSHIP
SECTION 1. GENERALLY
All undergraduate students enrolled in Duke University shall be eligible to be members of the DSG.
SECTION 2. STRUCTURE
Duke Student Government (DSG) shall be composed of the Senate, the President, the Executive Officers, the Cabinet, the Judiciary, the Student Organization Finance Committee (SOFC), the Duke University Student Dining Advisory Committee (DUSDAC), and the Election Commission.
ARTICLE II. POWERS AND JURISDICTION
The DSG shall have the power to make and implement policy in areas which are of concern to undergraduates and to otherwise promote the welfare of the undergraduate student body and the Duke Community.
ARTICLE III. EXECUTIVE
SECTION 1. PRESIDENT AND VICE-PRESIDENTS
The Executive Officers of the DSG shall be: the President, the Executive Vice President, and the Vice-Presidents of Academic Affairs, Student Affairs, Athletics and Campus Services, Durham and Regional Affairs, and the Inter-Community Council.
SECTION 2. OTHER OFFICERS
The President shall appoint, in consultation with the Executive Vice-President and with the approval of the Senate, the following officers from among the members of the student body: a Chief of Staff, an Attorney General, a Treasurer, and an Executive Secretary.
SECTION 3. SECONDARY APPOINTMENTS
Additional officers may be 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 Senate. The temporary seats will expire at the end of the President's term.
SECTION 4. 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 may delegate this function to another member of the Cabinet;
b) execute the policy of the DSG as expressed by the Senate or by the entire student body by 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 Senate 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 duties, and have the power to remove such persons from their positions;
g) have the power to veto acts of the Senate within five days of passage;
h) have the power to appoint student members to University policy-making and advisory bodies with the advice of the Cabinet, subject to confirmation by the Senate;
i) be able to address the Senate at any time while it is in session on any matter;
j) be responsible for the proper and orderly administration of the business of the DSG;
k) perform such duties as may be prescribed by By-Law.
SECTION 5. DUTIES AND POWERS OF THE VICE-PRESIDENTS
a) The Executive Vice-President shall preside over the Senate and be the second highest-ranking officer of DSG. The Executive Vice-President shall convene and chair all meetings of the Senate, and shall have all of the privileges of a full voting member of the Senate. The Executive Vice-President shall, however, vote only in case of a tie. The Executive Vice-President shall consult with the President on all matters, including the proceedings of the Senate.
b) 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 Senate, and shall serve as the chair of the Senate's Standing Committee on Academic Affairs.
c) 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 Senate, and shall serve as the chair of the Senate's Standing Committee on Student Affairs.
d) The Vice-President for Athletics and Campus Services shall act on undergraduate concerns in the area of buildings, grounds, and athletic affairs, shall serve as a full voting member of the Senate, and shall serve as the chair of the Senate's Standing Committee on Athletics and Campus Services.
e) The Vice-President for Durham and Regional Affairs shall act on undergraduate concerns in the area of Durham and Regional Affairs and external affairs, shall serve as a full voting member of the Senate, and shall serve as the chair of the Senate's Standing Committee on Durham and Regional Affairs.
f) The Vice-President for the Inter-Community Council shall serve as the chair of the Inter-Community Council and the Chair of the Young Trustee Nomination Committee, shall act on areas dealing with internal community concerns, shall serve as a full voting member of the Senate.
SECTION 6. DUTIES AND POWERS OF APPOINTED OFFICERS
The duties and powers of the Chief of Staff, the Attorney General, the Treasurer, and the Executive Secretary shall be prescribed by By-Law, and those of any other appointed Cabinet officers will be prescribed by an act of the Senate.
SECTION 7. THE PRESIDENT'S CABINET
a) There shall be a Cabinet to advise the President and to perform such duties as may be assigned by the President or prescribed by By-Law. The Cabinet shall be composed of the following members:
1. the Executive Officers;
2. the Chief of Staff, the Attorney General, the Treasurer, and the Executive Secretary;
3. the Chairperson of the Student Organizational Finance Committee (SOFC);
4. such additional officers that may be specifically provided for by By-Law;
5. and any officers occupying offices created and filled by the President.
b) The duties and powers of the Cabinet shall be:
1. to assist the president in the execution of the policy of the Senate as expressed in legislation and of the entire student body as expressed by referendum;
2. to issue, by a two-thirds vote, executive orders as legislation when the Senate is not in session or during University vacations, although no funds may be allocated or expended by executive order unless such funds shall have been previously allocated to the Cabinet by the Senate, and a report of any executive order must be made at the next meeting of the Senate;
3. to advise the President on the appointment of student members to all University policy-making and advisory bodies, and have the power to impeach such persons from their positions for misfeasance or nonfeasance in office by a two-thirds majority of all Cabinet members.
4. to perform any and all functions and duties as may be prescribed by law or provided for by By-Law.
SECTION 8. VACANCIES
a) If the office of the President falls vacant after the President has been duly inaugurated, the Executive Vice-President shall become President.
b) If, for any reason, the President-elect is permanently unable to assume the Office of the President, the Executive Vice-President-Elect shall be inaugurated as President for the full term.
c) If any other Executive Office falls vacant either before or after that officer has been duly inaugurated, the Senate shall confirm a successor to the position for the remainder of the term upon the nomination of the President.
d) In the event of a vacancy between sessions of the Senate, the President may make temporary appointments to fill the vacancy until the first subsequent meeting of the Senate.
ARTICLE IV. THE SENATE
SECTION 1. MEMBERSHIP
All legislative powers herein granted shall be vested in the Senate of the DSG, composed of members representing the student body. The Senate may, by By-Law, establish any necessary and proper qualifications which elected representatives must meet during their terms of office.
SECTION 2. OFFICER OF THE SENATE
The chief officer of the Senate shall be the Executive Vice-President. A Senate President Pro-Tempore shall be elected at the end of each legislative session to hold office during the following session. This officer shall preside over the Senate when the Executive Vice-President is not present or must step down due to a conflict of interest, shall be responsible for any documents necessary for conducting Senate meetings, and shall be a full voting member of the Senate unless he assumes the chair.
SECTION 3. STANDING COMMITTEES OF THE SENATE
There shall be four standing committees of the Senate: Academic Affairs, Durham and Regional Affairs, Athletics and Campus Services, and Student Affairs.
SECTION 4. DUTIES AND POWERS OF THE SENATE
The Senate shall have the power:
a) to enact any legislation concerning matters of policy affecting students and their welfare under this Constitution;
b) to charter or recognize 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 student body;
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 student representatives one seat on any University policy-making or advisory body; f) to issue resolutions expressing the opinions of the Senate;
g) to confirm all nominations by the President to student positions on any University policy-making or advisory bodies, and to appointed positions within the DSG;
h) to allocate and authorize the expenditure of any and all funds received by the DSG from whatever source;
i) to establish rules of procedure, and to establish and enforce rules of conduct and attendance for members of the Senate, and, with the concurrence of two-thirds of Senators present and voting, to expel a member for misfeasance or nonfeasance in office;
j) to censure any member of the Cabinet;
k) to approve any dining concept seeking establishment on the Duke campus;
l) to make and enact all necessary By-Laws.
SECTION 5. ENACTMENT AND APPROVAL
a) All acts of the Senate and all executive orders shall go into effect within three days, pending the signature of the President. Failure to sign an act of the legislation by the President shall constitute a veto.
b) Any act of the DSG or any act of an officer representing the DSG in an official capacity shall be subject to referendum approval upon petition signed by fifteen percent of the members of the entire student body. Such petitions must mention the specific policy or act questioned.
c) Nothing in this Constitution shall be construed to deny the right of the student body to initiate legislation by petition of fifteen percent of the undergraduate student body, and the Senate may by By-Law prescribe the procedure for such initiation.
SECTION 6. MEETINGS OF THE SENATE
a) A session of the Senate 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.
b) The Senate shall determine the time and place of its meetings, but shall meet at least once per month during each semester.
c) All acts of the Senate may only be approved in the presence of a quorum, which shall be defined as a majority of members of the Senate.
d) Any student or representative of a student group shall have the right to appear at any regular meeting of the Senate to present for consideration matters of University-wide interest. All regular meetings of the Senate shall be open to the public.
c) Additional meetings of the Senate may be called by the President, the Executive Vice-President, or by the written request of twenty-percent of the members of the Senate.
SECTION 7. IMPEACHMENT
The Senate shall have the power to impeach any Executive Officer, member of the Cabinet, justice of the Judiciary, or other officer of the DSG on the grounds of misfeasance or nonfeasance in office by a majority of those present and voting. An impeached officer shall be entitled to a hearing before the Senate at which the Chief Justice shall preside, to be held no sooner than five class days and no later than ten class days from the date of impeachment. If it is the Chief Justice who has been impeached, the Executive Vice-President shall preside over the hearing. If, following the hearing, the charges are sustained by at least two-thirds of the Senators present and voting, the impeached officer shall be removed from office.
ARTICLE V. THE JUDICIARY
SECTION 1. GENERALLY
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, to decide all cases arising under this Constitution and By-Laws, to rule on actions of DSG officers and the Senate taken in their official capacities when challenged, and to perform such other duties as may be prescribed by By-Law.
SECTION 2. THE CHIEF JUSTICE
The chief judicial officer of the DSG shall be the Chief Justice, who shall be nominated by the President and confirmed by the Senate. The Chief Justice shall have the power to issue non-binding, advisory opinions on all matters outlined above, and shall perform any other duties which may be prescribed by By-Law.
SECTION 3. THE JUDICIARY
a) There shall be a DSG Judiciary presided over by the Chief Justice. The Chief Justice-elect shall be inaugurated prior to all other DSG officers and shall supervise their inaugurations and deliver the DSG oath of office.
b) The Judiciary, including the Chief Justice, shall be composed of seven members including the Chief Justice. The selection process of Justices shall be prescribed by By-Law, although the President may not appoint more than three Justices.
c) Senators and other officers of the DSG are not eligible to serve on the Judiciary.
d) Members of the Judiciary shall serve for a term of one year.
SECTION 4. PROCEEDINGS OF THE JUDICIARY
a) The Judiciary shall conduct sessions only when a majority of sitting 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 present shall be necessary to render a decision, except as otherwise herein provided.
c) All decisions and rulings of the Judiciary shall be transmitted in writing by the Chief Justice to the appropriate officer or body.
d) No member of the Judiciary shall take part in a case in which he might have conflicting interests or sympathies. A member who does not voluntarily disqualify himself may be disqualified by unanimous vote of the other members of the Judiciary.
SECTION 5. POWERS OF THE JUDICIARY
a) The Judiciary shall decide all cases arising under this Constitution or By-Laws, and all cases in which jurisdiction has been granted to it by the By-Laws or by the Senate.
b) The Judiciary shall decide cases in which the DSG or an officer of the DSG in his official capacity is a party and cases arising between the auxiliary student governments.
c) The Judiciary shall have power to conduct investigations, examine evidence, call witnesses, authorize the issuance of such writs as it shall require, and make all rules necessary and proper for the conduct of its business.
d) Nothing in this Constitution shall affect the power of the Undergraduate Judicial Board to enforce the University Judicial Code.
SECTION 6. SUBSTANTIVE RIGHTS AND IMMUNITIES
a) General Rights and Immunities
1) No student or group of students may be deprived of rights or property without due process of law, nor may be denied equal protection under the law.
2) No bill of attainder or ex post facto law shall be passed.
3) No student or group of students may be tried for an act committed more than one calendar year before the initiation of trial.
4) No student or group of students may be tried 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 may not be denied the right:
1) To receive written notice of the charges against him 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 offer any testimony that would tend to incriminate himself;
5) To be free from illegal searches and seizures;
6) To present a defense including material witnesses and a reasonable number of character witnesses;
7) To receive an impartial hearing, and if convicted, to be subjected to no cruel or unusual punishment.
c) The enumeration of these rights and immunities shall not preclude other rights and immunities.
ARTICLE VI. THE STUDENT ORGANIZATION FINANCE COMMITTEE
SECTION 1. MEMBERSHIP
a) The SOFC shall consist of a number of members determined by By-Law who shall be elected annually by the Senate.
b) In addition to the members, the Chairman of SOFC shall be elected annually by the Senate, and shall serve as a member of the Cabinet and as an Executive Officer of DSG.
SECTION 2. RESPONSIBILITIES
a) The SOFC shall:
1) oversee the Programming Fund;
2) run the annual budgeting process;
3) review and recommend student groups for recognized or chartered status;
4) and perform such other duties as may be prescribed by By-Law.
b) For allocations from the Programming Fund above $1,500, Senate consent is required.
c) Other provisions notwithstanding, nothing shall deprive the Senate of the ability to allocate and authorize the expenditure of any and all funds received by the DSG from whatever source.
ARTICLE VII. ELECTIONS AND TERMS OF OFFICE
SECTION 1.
a) The terms of office for the elected Executive Officers shall be one year, or until the successors to these officers are elected and installed.
b) Elections and inaugurations shall be conducted according to the provisions of the By-Laws and Statutes of the DSG.
SECTION 2.
Senators shall serve a term comprising one session of the Senate. The inaugurations of these Senators shall be conducted according to the provisions of By-Law.
ARTICLE VIII. AMENDMENTS AND BY-LAWS
SECTION 1. AMENDMENTS
Amendments to this Constitution may be proposed either by a petition signed by fifteen percent of the members of the student body, or by a two-thirds vote of the Senate, provided that the amendment shall have been read at two successive meetings of the Senate. Amendments shall be enacted when ratified by a majority of those voting in a referendum of the student body which shall take place only after seven days public notice, provided twenty-five percent of the student body participates.
SECTION 2. BY-LAWS
By-Laws may be enacted by approval of two-thirds of the Senate present and voting after two readings of the By-Law before the Senate.
ARTICLE IX. RATIFICATION AND ENACTMENT
This Constitution shall be enacted when ratified in a referendum by at least two-thirds of the votes cast of the members of the student body voting, provided twenty-five percent of the student body participates.
Upon enactment of this Constitution, the present Constitution of the Duke Student Government shall be amended throughout by substitution of this Constitution therefore.
All statutes, rules, policies, and By-Laws that are in effect at the time of ratification of this Constitution and that are not inconsistent with this Constitution shall remain valid and binding upon DSG.
AMENDMENTS
AMENDMENT 1. THE JUDICIARY - September 14, 2009
The following is to replace Article V, Sections 1 through 5.
SECTION 1. GENERALLY
The DSG shall have an independent Judiciary vested with the power of judicial review.
SECTION 2. THE CHIEF JUSTICE
The chief judicial officer of the DSG shall be the Chief Justice. The Chief Justice shall be selected by the Senate and then either confirmed or rejected by the student body voting in an election. The Chief Justice shall have the power to issue non-binding, advisory opinions on all matters within the jurisdiction of the Judiciary, and shall perform any other duties which may be prescribed by By-Law.
The Chief Justice shall preside over the Judiciary.
The Chief Justice-elect shall be inaugurated prior to all other DSG officers and shall supervise their inaugurations and deliver the DSG oath of office.
SECTION 3. THE JUDICIARY
a) The Judiciary, including the Chief Justice, shall be composed of seven members. The selection process of Justices shall be prescribed by By-Law. The President may not nominate more than three Justices.
b) Senators and other officers of the DSG are not eligible to serve on the Judiciary.
c) Members of the Judiciary shall serve for a term of two years.
SECTION 4. PROCEEDINGS OF THE JUDICIARY
a) When sitting as a constitutional court, the Judiciary must sit as a body. A majority of Justices must be present. The Chief Justice shall preside.
b) When sitting as a trial court, the Judiciary shall sit in panels of three Justices. The decisions of such a panel may be appealed to the full Judiciary. The panel shall elect a chair, unless the Chief Justice is present in which case the Chief Justice shall preside.
c) The concurrence of a majority of members present shall be sufficient to render a decision, except as otherwise herein provided.
c) All decisions and rulings of the Judiciary shall be transmitted in writing by the Chief Justice to the appropriate officer or body.
d) A Justice who does not voluntarily abstain from cases in which that Justice has a conflict of interest may be disqualified by unanimous vote of the other members of the Judiciary.
SECTION 5. POWERS OF THE JUDICIARY
a) The Judiciary shall decide all cases arising under this Constitution or By-Laws and all cases in which jurisdiction has been granted to it by the By-Laws or by the Senate.
b) The Judiciary shall decide cases in which the DSG or an officer of the DSG in an official capacity is a party and cases arising between the auxiliary student governments.
d) The Judiciary shall have the power to settle student group disputes and, when necessary and proper, to discipline student groups.
c) The Judiciary shall have power to conduct investigations, subpoena evidence and witnesses, authorize the issuance of such writs as it shall require, and make all rules necessary and proper for the conduct of its business.
AMENDMENT 2. THE DUKE UNIVERSITY STUDENT DINING ADVISORY COMMITTEE – September 14, 2009
SECTION 1. STRUCTURE
a) The Duke University Student Dining Advisory Committee (DUSDAC) is charged with the oversight and review of current Duke-affiliated dining venues and the evaluation of prospective dining establishments. DUSDAC shall have the responsibility to evaluate prospective dining establishments; to make recommendations to the Senate, regarding Duke dining, and to make decisions about any other dining-related matters the committee deems appropriate.
b) All decisions made by DUSDAC regarding the addition or removal of Duke-affiliated dining venues must be approved by the Senate.
SECTION 2. MEMBERSHIP
The Chair of DUSDAC shall be independently selected in accordance with procedures established by By-Law. Representation within DUSDAC, as well as the number of members and their selection process, shall be prescribed by By-Law.
SECTION 3. RESPONSIBILITIES OF DUSDAC
DUSDAC shall:
a) conduct periodic reviews of all dining establishments on Duke’s campus;
b) conduct periodic reviews of all Merchants on Points;
c) review and evaluate potential campus dining concepts and prepare a formal recommendation to be submitted to the Senate for approval;
d) make recommendations to Dining Services regarding improvements to any dining establishment on campus;
e) and offer an accessible means of receiving routine feedback from the student body in a manner determined by the Chair, and in addition, shall hold an open forum for student input at least once each semester, to be attended by a majority of DUSDAC, as well as the Director of Dining Services and a representative from the Athletics and Campus Services Committee.
AMENDMENT 3. REMOVING THE VICE PRESIDENT FOR THE INTER-COMMUNITY COUNCIL – September 14, 2009
1) Article III, Section 2 shall read: The Executive Officers of the DSG shall be: the President, the Executive Vice President, and the Vice-Presidents of Academic Affairs, Student Affairs, Athletics and Campus Services, and Durham and Regional Affairs.
2) Article III, Section 4(f) is repealed.
