Collegiate Constitution
In accordance with Wells College's commitment to diversity and social justice, Collegiate Cabinet has decided to use gender inclusive pronouns in this constitution. The pronoun 'ze' (pronounced 'Z') replaces the conventional pronouns 'he' and 'she' and the pronoun 'hir' (pronounced 'here') replaces conventional pronouns 'his', 'him', 'her' and 'hers'. These gender inclusive pronouns, first used by Kate Bornstein, acknowledge that not all people classify themselves into one gender or the other. These pronouns are inclusive of all people regardless of their gender.
Preamble
The faculty of Wells College with the consent of the trustees has delegated to the student body responsibility and obligation for establishing and administering a system of student government which should regulate and direct activities of the student body, and which shall ensure a community of freedom and respect for the academic and personal lives of its members. The administration and the faculty are pledged to honor such self-government. In order to assume individual and collective responsibility and obligation for their own conduct and to create a community based on self-respect and integrity, the students of Wells College have organized themselves into a self-governing institution, known as the Wells College Collegiate Association, and have established this Constitution.
Anti-Discrimination Policy
The Collegiate Association does not discriminate, in any of its policies or activities, on the basis of sex, gender, ability, race, religion, age, ethnic origin, or sexual orientation.
Article I.
Executive Branch
The Executive Branch shall consist of a Cabinet and a Student-Faculty-Administration Board (SFA Board), who shall by virtue of office accept the responsibility to uphold the Constitution of the Collegiate Association.
Section 1. Cabinet
A. Duties
1. The Cabinet shall have the power to recommend legislative proposals to Representative Council and shall be responsible for carrying out all directives of Representative Council.
2. The Cabinet shall participate in the appointment of student Resident Advisors.
3. The Cabinet shall make such other appointments as are necessary and appropriate for the functioning of effective student government.
4. The Cabinet shall be responsible for the allocation of student fees upon recommendation of the treasurer.
B. Membership
1. The Cabinet shall consist of the officers of the Collegiate Association. These officers shall be a president, vice president, chair of Community Court, treasurer, corresponding secretary, and recording secretary.
2. The student body shall elect members to serve as the Collegiate Cabinet for the following academic year. All members of the student body are eligible to participate in votes for Cabinet members. The president and vice president shall be elected from the rising senior class, the treasurer and the corresponding secretary from any class, and the recording secretary from the rising sophomore class. The members of court elect the chair of Community Court. All elections shall be held in the spring preceding the term of office. Election procedures are found in the Elections Bylaws. Elected Cabinet officials serve for a one-year term.
C. Duties of the Individual Cabinet Officers
1. The duties of the president shall be: to call and preside at all meetings of the Cabinet and the SFA Board; to call and chair meetings of the Collegiate Association at hir own discretion or upon petition of 15 percent of the student body; to appoint committees (both temporary and permanent), and to oversee the work of all officers and committees of the association in conjunction with the other officers of the Cabinet.
2. The duties of the vice president shall be: to prepare the agenda for meetings of the Representative Council; to call and preside over meetings of the Representative Council; to serve on the SFA Board; to perform the duties of the president in hir absence; to stand as chair of the Interhall Board and the Publications Board.
3. The duties of the chair of Community Court shall be: to call and preside over all hearings of the Community Court; and to ensure that such hearings are conducted impartially and confidentially; to chair the Constitutional Review Committee and to serve as a member of the Interhall Board.
4. The duties of the treasurer shall be: to allocate funds to each organization specified on the Collegiate bill; to handle all monetary transactions of the association; to prepare a budget for the association; to examine and review the budgets of all classes, clubs, and residence halls, and submit a formal report to the Cabinet and the treasurer of the college at the end of the fall semester and again at the conclusion of the spring semester; and to chair the Traditions Committee.
5. The duties of the corresponding secretary shall be: to carry on all intra-collegiate and intercollegiate correspondence of the Collegiate Cabinet; to chair the Communications Board; and to assist the recording secretary whenever necessary.
6. The duties of the recording secretary shall be: to record the proceedings of the Cabinet, Representative Council, and the Collegiate Association.
Section 2. Student-Faculty-Administration Board
A. Duties
The SFA Board shall act as Advisory Board to the Cabinet or to such of its members who feel that faculty and/or administrative advice is needed; and it shall approve of all amendments to the Collegiate Constitution. The dean of the college, the dean of students, and the faculty members on this board shall serve as the official channel of communication between the Collegiate Association, the administration, and the faculty, respectively. The board shall settle disputed points of interpretation of the Collegiate Constitution and Collegiate Bylaws. The board will vote on any amendments to the Collegiate Constitution after the amendments have been approved by the Collegiate Representative Council. Following the approval of the SFA Board, amendments to the preamble, anti-discrimination policy, honor code, Article I Section 2, Articles III, VII, and VIII, and Bylaw IV shall be sent to the faculty for approval.
B. Membership
The board shall consist of the dean of the college, the dean of students, three faculty members elected to the Academic Standing and Advising Committee of the faculty, four students elected at large (two rising juniors and two rising sophomores), the Collegiate president, and the Collegiate vice president. The students-at-large will be elected in the spring, to serve for the following academic year only.
C. Procedures
1. The Collegiate president shall act as chair of the board, and a member-at-large shall record the minutes.
2. Decisions shall carry upon a two-thirds majority vote of those present.
3. The board shall meet at the request of the Cabinet, the Representative Council, the administration, or any member of the faculty on the board.
4. Eight members constitute a quorum of which there must be at least three students, one faculty member and one member of the administration.
Article II.
Legislative Branch
All Wells College students are members of the Collegiate Association. When necessary, meetings of the full Collegiate Association may be called by the Collegiate president or by petition of 15 percent of the student body. Motions shall carry with a two-thirds of the student body. In general practice, the Representative Council serves as the rule-making body of the Collegiate Association. The Representative Council shall consist solely of elected representatives.
Section 1. Duties of the Representative Council
The Representative Council shall function as the representative body of the Collegiate Association. It may initiate legislative proposals and recommend changes of administration and faculty policies to the Student-Faculty Administration Board. It shall enact all Collegiate Rules necessary to implement the goals of the association as stated in the preamble to the constitution, subject only to the approval of the SFA Board. It shall act upon petitions to establish recognized organizations as directed by Bylaw IIIA of this Article. It shall have the power to dissolve such organizations which are established.
Section 2. Membership of the Representative Council
Voting members of the Representative Council shall consist of the:
1. Cabinet = 1 vote.
2. One representative elected in the fall from each dorm/floor in Main.
3. One representative or one alternate representative from each Collegiate-sponsored club or organization to be selected by hir club or organization.
4. A representative to the Representative Council may only serve as the representative for one club or organization.
Section 3. Procedure of the Representative Council
A. The Representative Council
The Representative Council shall meet at the discretion of the vice president of the association, but in no case fewer than eight times per academic year; an agenda shall be prepared and posted on the Collegiate bulletin board at least 24 hours in advance of meetings; proceedings shall be open to the entire student body; and individual students may be heard upon acceptance of their request to appear on the agenda.
B. Motions
Motions may be passed by a two-thirds vote provided a quorum is present and voting. A quorum is half-plus one.
C. Attendance
Each group which has a voting member on Representative Council must have a representative present at every Collegiate meeting. If the elected representative cannot attend a meeting, ze is responsible for finding a replacement, and a member of Collegiate Cabinet must be notified of the change before the meeting. An officer of the club or organization may attend in place of the elected representative or elected alternate.
If a group fails to have a member in attendance at a Collegiate meeting, the group will be penalized by losing 5% of its semester budget allotment for each unexcused absence. Also, Collegiate will deduct 5% from the total budget allotted to the group for the next semester after the group's budget has been determined. The money received from such deductions will go into the general pool of funds from which money is allotted to all Collegiate-funded organizations.
Article III.
The Judiciary Branch
The Judiciary Branch shall consist of the Community Court, the Appeals Board, and the faculty of the college.
Section 1. The Community Court
A. Duties
The Community Court meets upon the request of a member of the student body, faculty, staff, or the administration, to hear and decide cases of alleged violations of Community Honor as defined by the Collegiate Constitution and Collegiate Rules of Wells College.
B. Membership
The Court is composed of seven students (three seniors, two juniors, and two sophomores), two members of the faculty and two staff members. Three alternate members (one from the sophomore, junior, and senior classes) will be elected in the fall. These alternates will be informed of the date and time of all hearings. They will be expected to be available to sit in on a case if quorum is not met by the original court members. This alternate position will be held for the remainder of their college careers. A quorum shall consist of seven members of the court, one of whom shall be a faculty member and one of whom shall be a staff member. An incoming senior and two incoming sophomores are elected each spring to serve for the remainder of their college careers. One faculty member is selected each spring by the faculty board in compliance with the faculty handbook and serves a two-year term. One staff member is elected by the Staff community each year to serve a two year term. Neither a student, staff member, nor faculty member may simultaneously serve on the Appeals Board. The chair and assistant chair are elected by the court. The dean of students shall act as adviser to Community Court solely for the purpose of providing training and consultation on procedural matters.
In the absence of the community court chair, leadership of the court shall be as follows: 1) assistant chair, 2) the chair's designee, 3) a student appointment from the dean of students. Any appointments to the position of chair are strictly pro tempore.
If the board is unable to hear and decide a case due to a lack of quorum, and if the chair determines that the case cannot be postponed until the board reconvenes, the chair of the board, or in hir absence the pro tempore chair chosen by the above succession of leadership, shall designate members of the board pro tempore in order to decide such a case. Any pro tem appointments will maintain the required proportion of student and faculty members. In designating members pro tem, the chair or acting chair will seek the approval of the majority of the remaining court members on campus.
C. Procedures
1. All proceedings of the Community Court shall be kept confidential. The court meets within 24-48 hours to handle all cases, unless extenuating circumstances require that special provisions be made or the defendant wishes to waive hir right to a hearing within 24-48 hours. In such cases the defendant may waive hir right to a hearing within 24 hours by signing such statements in the presence of the chair of the court. All members of the court are notified of the time and place of all hearings but are not informed of the nature of the case until the hearing. The defendant shall be notified in writing at least 24 hours before hir hearing and at that time shall again be given the reasons for the hearing. Failure to appear after the second notice of hearing entails automatic suspension until the defendant presents hirself to the court.
2. Any student reported for a violation of Community Honor has three options: 1) Ze may have a hearing before the court. 2) Ze may withdraw from the college. Should the student elect to withdraw from the college, ze will leave campus within 48 hours after declaring hir intention to withdraw. 3) In cases where the ostensible violation has, in the judgment of the administration, a medical cause, ze may on medical grounds, either withdraw or be granted a leave of absence. Administrative officers of the college are obligated to inform the court of all such withdrawals and leaves of absence.
3. The student has the right to counsel of hir choice from the student body, the faculty, or the administration of the college. The exception to this is the dean of students, or in hir absence, the assistant dean of students for residential life, both of whom may act as an adviser to Community Court on procedural questions. Ze must have counsel in appeal of a case where the penalty is suspension or expulsion. The role of counsel shall be to assure fairness while upholding the obligation to honor the Collegiate system of government. The student shall have the right to testify, and to confront all witnesses against hir, and to present evidence on hir own behalf. The student has the right to remain silent on any question without the presumption of guilt. All of those summoned by the court must appear; failure to do so shall be considered Contempt of Court. If, in the judgment of the chair of the court, there are not extenuating circumstances involved in the failure to appear before the court, those involved will be subject to a fine of $75.00 for Contempt of Court.
4. At the time that the defendant turns hirself in to the chair of the court or is sought out by the chair if ze is turned in by a witness against the defendant of the alleged violation, the following procedure will be followed:
(a) The chair will state the charge as stated in the constitution, and the exact charge of the witness against the defendant. The defendant and the chair, or the assistant chair in hir absence, will both sign a statement stating the charges against the defendant and the defendant's rights.
(b) The chair will read to the defendant hir rights as stated under Judicial Procedures in the Collegiate Constitution.
(c) The chair and the defendant will then set the date and time of the hearing after consultation with the witness against the defendant.
(d) The chair will ask the defendant and witness against the defendant for the names of individuals ze would like to serve as witnesses for the hearing. The chair or assistant chair will then contact these individuals directly and inform them of the time and place of the hearing.
(e) The assistant chair of court may assist the chair in organizing the case.
(f) Upon receiving written notification from the chair of court that you are to be a defendant, plaintiff, or witness on a Community Court hearing, you must sign a statement which verifies that you received the proper advance notification.
(g) If the defendant has not waived hir right to a hearing within 24-48 hours, the chair must receive all statements from the defendant, the plaintiff, and all of their individual witnesses no later than 12 hours before the time the trial is scheduled to begin. The chair must sign, date, and include the time received on all statements presented to hir. Statements will only be valid if signed immediately by the chair. Any statement submitted less than 12 hours before the case will be invalid and that individual involved will be disqualified from the hearing. Lack of statements from the plaintiff or the defendant will result in Contempt of Court.
If the defendant waives hir right to a hearing within 24-48 hours, the chair of court must receive all statements no later than 48 hours before the hearing is scheduled to begin. The chair must sign, date, and include the time received on all statements presented to hir. Statements will only be valid if immediately signed by the chair. Any statement received less than 48 hours before the case by anyone will incur the penalties previously stated above.
5. All hearings by the court shall be tape-recorded to provide a verbatim record of all proceedings, excluding deliberations of the court. After three years the tapes shall be destroyed, but a synopsis, written by the chair of court, including the names of those involved in the hearing, the charge, and the decision, including the rationale for it, shall be maintained for seven years after the hearing.
6. A member of the court having a special interest in a case before it, disqualifies hirself from the case. All decisions carry upon a two-thirds vote of the court, provided a quorum is present. Decisions of guilty or not guilty shall be determined by a preponderance of the evidence. A decision of acquittal may only be reached when there is a failure to meet a two-thirds vote. Decision of acquittal is final.
7. The chair of the Community Court immediately informs all present at the hearing of the decisions of the court. In cases of suspension or expulsion, the student must leave campus within 48 hours unless the case is appealed.
8. The defendant and hir counsel, the witness against the defendant and hir counsel, and the faculty member(s) involved (present only in an academic case) shall receive written notice of the outcome (includes student name) within 24 hours after the end of the hearing.
9. Right to Appeal:
(a) In the event that the Community Court finds the defendant guilty of the charge or charges brought against hir, ze must be informed of hir right to appeal.
(b) Should the defendant wish to appeal the decision of Community Court, ze must indicate hir intent in writing to the chair of the Appeals Board within 48 hours of receiving the written decision from the Community Court.
(c) A decision of the Community Court may be appealed, if in the defendant's judgment:
(1) Hir right to due process or to timely adjudication has been violated.
(2) The penalty assessed is cruel or unusual.
(3) New evidence should be considered.
(4) The decision was not warranted by the evidence.
10. The student body shall be informed of all judicial decisions within 24 hours after the end of the hearing by posted notice on the Community Court Board. This notice shall preserve the anonymity of the student.
11. The faculty shall be informed of all judicial decisions involving academic cases. Such notice shall be made by board notice (does not include student's name) sent to the secretary of the faculty within 24 hours after the end of the hearing. This notice shall preserve the anonymity of the student. Any notices will be announced during faculty meetings.
12. The dean of the college, the dean of students, and the president shall be informed immediately after the hearing no matter what the hour, of all decisions involving suspension or expulsion.
13. (a) Official charges must be filed within one month of witnessing an alleged violation or admission of a violation. A hearing may occur up to one year after the charges are filed.
(b) Self-reported violations that are reported later than one year after occurrence of the violation shall not result in a hearing.
14. Short College Breaks: Alleged violations of the Honor Code discovered during college breaks shall be heard within the first week of resumption of classes provided the defendant and plaintiff have returned to campus.
15. Long College Breaks: Any alleged violation reported or discovered during the fall examination period or the grading period thereafter, will be heard during the first week of the following spring semester. The chair of the court shall notify the defendant and plaintiff of the pending case in writing and ask them to submit a written statement to hir of their involvement in the case. This statement should be mailed to the chair within one week of notification of the pending case. The statement may be revised with counsel upon the student's return to campus but both statements will be admissible as evidence. In the letter of notification, the chair will ask if either party has any witnesses. If names of witnesses are given, the chair will also request a written statement from these individuals.
Court members are expected to remain accessible for one week following the exam period of the spring semester (Senior Week) in case alleged violations are discovered during this time. In the case that the defendant is a senior, a hearing will take place during this week.
If the student(s) involved are not seniors and have left campus for the summer break, they will be notified by the chair of the pending case following the procedure outlined above. The hearing will take place within the first week of the fall semester. Written statements in the case of witnesses in the senior class will be taken at the time of report and will be admissible as evidence.
D. Penalties
1. Academic penalties may be imposed by the Community Court or by the Appeals Board. These penalties may include, but are not limited to:
(a) Failure of all or part of the course involved, with the approval of the instructor.
(b) Probation: placement of student on Academic Conduct Probation for a period to be determined by the court upon approval of the Academic Standing and Advising Committee.
(c) Suspension for up to 30 weeks.
(d) Suspension with no transfer of credits earned at another institution while under suspension.
(e) Expulsion.
(f) Fines or appropriate work assignments.
2. Residential penalties may be imposed by Community Court. Some examples of penalties are:
(a) A letter of warning to be placed on file in the Community Court's file and/or the Dean of Students Office.
(b) Fines or appropriate work assignments.
(c) Probation.
(d) Removal from the residence hall (after consultation with the Interhall Board).
(e) Suspension.
(f) Expulsion.
3. Previous convictions shall be taken into serious consideration in the assessing of penalties.
4. A student who fails to observe the sentence imposed by the Community Court shall be brought before the court for another hearing and shall be subject to further penalty by the court.
E. Documentation
All records of Wells disciplinary proceedings shall be kept confidential. A verbatim record (tape) shall be kept of all cases for three years. The chair of the court shall keep files on all students who come before the court. The files of students found guilty shall be kept for the duration of their academic careers at Wells. The files of students found not guilty will be destroyed. A written file of the hearing shall also be kept for seven years after the hearing. This file shall include all statements by all parties, copies of the evidence submitted in the case, the posted community notice, and a written summary of the case prepared by the chair.
This summary shall include the following:
1. The allegation or charge ' in the words of the plaintiff and as covered in the constitution.
2. A set of facts that describe the violation including date, time, and individuals involved.
3. The names of those present at the hearing ' court members, counsels, witnesses, etc.
4. The date and manner of notification of the defendant.
5. The witnesses and the nature of their testimony.
6. The decision.
A summary of all major cases shall be kept permanently, exclusive of names, for reference and precedent.
Court files shall be kept in the locked court filing cabinet in the Collegiate Office. Only the chair of the court shall have access to these files.
Section 2. The Appeals Board
A. Membership
The Appeals Board shall be comprised of the dean of the college, four faculty members, including two regular and two alternate members, and four students, including two regular and two alternate members. Terms shall run for two years with staggered terms. The faculty and students should each elect one regular and one alternate member each year. The student member and alternate shall be chosen from the junior class to assure that the board will be comprised of two juniors and two seniors or one regular and one alternate member from each class. Those elected to the board should be available for one week after the last final exam of the spring semester. The chair shall be elected from the student and faculty members of the board. Members of the Community Court are not eligible to sit on the Appeals Board.
In the absence of the Appeals Board chair, leadership of the board shall be as follows: 1) the chair's designee, 2) a student appointed by the dean of the college. Any appointments made to the Appeals Board are strictly on a pro tempore basis only.
If the board is unable to hear and decide a case due to a lack of quorum, and if the chair determines that the case cannot be postponed until the board reconvenes, the chair of the board, or in hir absence the pro tempore chair, shall designate members of the board pro tempore in order to decide such a case. Any pro tem appointments will maintain the required proportion of student and faculty members. In designating members pro tempore, the chair or acting chair will seek the approval of the majority of the remaining board members on campus.
B. Right to Appeal
1. In the event that the Community Court finds the student guilty of the charge or charges brought against hir, ze must be informed of hir right to appeal.
2. Should the defendant wish to appeal the decision of the Community Court, ze must indicate hir intent in writing to the chair of the Appeals Board within 48 hours of receiving the written decision from Community Court.
3. A decision of Community Court may be appealed, if in the defendant's judgment:
(a) Hir right to due process or to timely adjudication has been violated.
(b) The penalty assessed is cruel or unusual.
(c) New evidence should be considered.
(d) The decision was not warranted by the evidence.
C. Procedures
1. Upon receipt of a letter of intent to appeal, the chair of the board must call a meeting of the board to meet within five days from the time of receipt of such a letter, not including any intervening official college vacation periods.
2. A quorum shall consist of five members of the board. In the event that a regular faculty or student member may not sit because of special knowledge or of involvement in the case, the alternate from the same election year shall sit in the regular member's place. In the event that the alternate from the same election year must also disqualify hirself, the remaining alternate will sit. In the event that the dean of the college must disqualify hirself, hir designee from the Office of the Dean of the College shall sit in the place of the absent dean. Should a board member who is the elected chair disqualify hirself, the board sitting in appeal shall elect a chair pro tempore from among the faculty or student members.
3. All proceedings of the meeting shall be held in the strictest of confidence.
4. The appellant has the right to appear before the board with counsel: counsel shall be a student, a faculty member, or an administrator currently attending or employed by Wells College. The appellant has the right to call witnesses.
5. The board must call the chair of the Community Court and may call other such witnesses deemed appropriate.
6. All decisions to the Appeals Board to override a Community Court decision must have at least three of five members present in agreement.
7. Upon completion of the hearing, the board shall render a decision in writing to the appellant within 24 hours.
8. The board may remand the case to Community Court for reconsideration; Community Court shall act within 48 hours.
D. Penalties
1. The board may sustain or deny the findings of Community Court.
2. The board may decrease or eliminate any or all penalties assessed by Community Court, but it may in no case increase penalties.
E. Decisions
The decisions of the board are final, except in-so-far as the defendant may make a final appeal to the president of the college in cases in which the penalty involves suspension or expulsion from the college. Such appeal shall be made within 48 hours of the receipt by the appellant of a written decision from the board.
The president shall render a decision in writing to the appellant within seven days of personal receipt of a notice of appeal based on review of all relevant materials. The president may:
1. Sustain a decision.
2. Decrease or eliminate penalties, but in no case increase penalties.
F. Confidentiality
While maintaining confidentiality the board and, where appropriate, the president of the college, shall report final actions on all such cases to the faculty at its next regular meeting. Students shall be notified by posted notice on the Community Court board and via e-mail.
G. Record Keeping
1. All hearings of the board shall be electronically taped.
2. After three years, the tapes shall be destroyed, but a synopsis, written by the chair of the board or the chair pro tempore, where appropriate, outlining the reasons for appeal, the names and basic arguments of the appellant and all witnesses, and the decision, including the rationale for it shall be kept in the Dean of Students Office for seven years. Access to the records shall be limited to the president, the administrative members of the board, and the current chair of the board.
3. In cases in which final appeal is made to the president of the college, the president shall keep a written record of the reasons for the appeal, all of the material presented for consideration, the decision, and the reasons for the decision. Such records will be kept in the Office of the President of the college for seven years.
Article IV.
Residential Government
Section 1. The Interhall Board
The Interhall Board consists of voting members: the Assistant Dean of Students for Residential Life, the Vice President of Collegiate (as the chair and secretary), one resident advisor from each residence hall and two from Main Building, and the Community Court Chair.
The board meets to discuss and initiate changes in residential regulations and administrative regulations that directly effect residence hall life as well as discuss and initiate room changes. All changes coming from the Interhall Board concerning residential regulations must be approved by the Assistant Dean of Students for Residential Life and the Housing Committee. Additionally, the Interhall Board shall make recommendations to the Assistant Dean of Students for Residential Life in regards to Resident Assistant applicants.
The board meets at the discretion of the chair or upon the request of any one of the senior resident advisers on the board or the director of residence life. The board meets no fewer than six times a year. The members are notified of full board meetings in advance.
No member of the Interhall Board may serve on Housing committee.
Article V.
Class Government
Each class shall elect a president, a vice president, a secretary, and a treasurer in the spring for the upcoming academic year. By virtue of hir office, an elected official accepts the responsibility to uphold the Constitution of the Collegiate Association. Elections for such offices shall be held annually. Duties of the office are as follows: the president shall govern the class and call all class meetings; the vice president shall be responsible for social events and shall assume the duties of the president in hir absence; the treasurer shall manage class finances and sit on the Traditions Committee; the secretary shall be responsible for communication with the class. The sophomore class secretary shall also be secretary to the Traditions Committee.
Article VI.
Dismissal from Elected Office
A finding by Community Court of failure of a Collegiate, or class officer, or a finding by the SFA Board of failure of a Community Court member to uphold the standards and principles of the Collegiate Association will entail automatic dismissal from office. Unless otherwise stated in this constitution, the Collegiate officers determine the responsibilities of each elected office upon approval of the Representative Council.
Article VII.
Amendment of the Constitution
Amendments of the Constitution must be approved by the Representative Council and the SFA Board. Amendments to the preamble, anti-discrimination policy, honor code, Article I Section 2, Articles III, VII, and VIII, and Bylaw III shall require the further approval of the faculty. Amendments shall take effect immediately upon approval.
Article VIII.
Ratification
This constitution shall become effective when it is approved by members of the Collegiate Association in a balloting to be held for that purpose, provided: that the balloting takes place no less than one week after presentation of this constitution to the association; that it receives a simple majority of the votes cast; and that it meets the approval of the faculty.
Collegiate Bylaws
I. Elections
A. Elections Committee
One elections manager shall be elected each spring from the sophomore and/or the freshman class to serve a two-year term. The elections managers shall schedule all regular elections and shall also serve on CRC. In the fall, by the completion of the first week of classes, representatives will be elected to serve on the committee. No fewer than five and no more than twenty students may serve on the committee.
When an election manager is a candidate in an election, the Election Committee appoints one of its members to act as a manager for that election.
The duties of the Election Committee are:
1. To encourage all students to vote.
2. To work at the election area for a designated time period.
3. To be present at the close of the polls and to participate in the counting process.
4. To abide by the election procedures and to maintain confidentiality in election results.
5. To attend all scheduled Election Committee meetings.
B. General Procedure
All nominations for student offices are self-nominations. All nominations must be held open for a minimum of three days. If within that time only one student nominates hirself, that student will run unopposed on the ballot. In the event that no one nominates hirself, the nomination shall be held open for a second time. After the second round of nominations, if the position is still unfilled, Collegiate Cabinet shall appoint a student to fill the position.
All nominations must be posted on the Collegiate bulletin board by the election managers 48 hours prior to the opening of the election. A self-nomination shall consist of an essay, on an 8 1/2 x 11 white sheet of paper, which must include:
1. Candidate's name, class, and desired position.
2. Candidate's qualifications for desired position.
3. Candidate's signature.
The back of the form should have listed the candidate's phone number and a proxy's name and phone number.
Inclusion of a photo of the candidate is recommended. Any essay mentioning the names of other candidates (for the desired position or any other position) is inadmissible. Any essay that does not follow this format is subject to rejection by the election managers and will not be placed on the Elections Board. Managers must make all rejections known to the candidate in question in writing within 12 hours after the close of nominations. The candidate will be given an additional 12 hours to resubmit an acceptable essay if ze chooses to do so. The candidate may appeal the decision of the election managers to the Collegiate Cabinet by notifying the Collegiate president in writing of hir desire to appeal. If hir essay is not approved by Cabinet, the candidate may take hir case to Community Court on the grounds of procedural error.
Nominations for Collegiate president and vice president open at 1 a.m. on the Monday of the third full week of classes in February and are open until 1 a.m. on Thursday. For one week after nominations close, candidates have the right to express their platform by means of open forums. Campaigning, however, is not allowed (this includes posters, pins, buttons, etc.). Elections will be held the second Thursday after nominations close. After nominations close, and during this week of discussion, at least two days before the election, speeches must be given by the candidates at Representative Council. Nominations for Collegiate Cabinet (treasurer, recording secretary, corresponding secretary, but not Community Court Chair) shall open the third full week of April and shall follow the same election guidelines as the elections for Collegiate president and vice president. All Collegiate officers, as well as all other elected positions, shall be elected by a simple majority of all votes cast for that office. In the absence of a majority, a run-off election between the two candidates with the highest number of votes will take place. If no majority is reached during the run-off, the election is declared void and nominations are opened a second time. If no majority is reached in the run-off of the second election, the position goes to Collegiate Cabinet for appointment. When not held through online Elections Company the ballot box will be set up in the south wing of the dining hall at 8 a.m. on the morning of an election, and the polls stay open, at meals, until 7 p.m.
The election managers shall notify the dean of students and Collegiate Cabinet of the results of all elections. The secretary of the faculty shall also be notified when faculty committees are involved.
Students who are taking advantage of off-campus study are permitted to run for any office, provided they will be on campus during the expected term of service. Students studying abroad during their elected term should notify the elections manager at least one month prior to studying abroad. Elections will be held to fill the space either permanently or temporarily depending on position. Self-nomination procedures are the same for OCS students as for on campus students. In the case of Collegiate Cabinet, excluding Community Court Chair, nomination speeches may be read by another student.
C. Rights of Candidates
Once the tally is complete, the election managers are to notify all candidates of the results. If a candidate knows beforehand that ze will not be available at the time of notification, ze is to notify the election managers. In such a case the candidate must choose a proxy who will request the results. The name of the proxy must be left with the election managers. The election managers will make two calls, the first to the candidate. If the candidate is not available, the election manager will then call the candidate's proxy. In the event that neither the candidate nor a proxy can be reached, the election manger is no longer responsible for notifying that particular candidate as to the outcome of hir election. At the time the candidate or proxy receives the results ze may demand a recount to occur in hir presence, although ze hirself may not participate in the actual counting process. Each candidate may demand to know the statistical results of hir election; these figures must remain confidential (exception: contested elections). A candidate may contest an election on procedural grounds (i.e., omission of a candidate's name from the ballot, breach of campaign instructions, etc.) or with the mutual consent of all candidates in a specific election.
D. Procedure for Contested Elections
Within 48 hours the candidate contesting an election must first petition the election managers for a new election. If the election managers do not agree that a new election is warranted, the candidate may then appeal to the Collegiate Cabinet. If the candidate is not granted a new election by these means, ze may then present hir case before Community Court on procedural grounds. Notification for each appeal must occur within 48 hours of the previous decision. Only in contesting hir election is the candidate authorized to use the statistics from the contested election.
E. Procedure for Cabinet Appointment
If there are no nominations submitted for a position during the second nomination period, the position may be filled by Cabinet appointment. At the next Cabinet meeting, Cabinet will vote on the positions. Each Cabinet member may vote for or against each candidate. Collegiate Cabinet is then responsible for informing the election managers, dean of students, the candidates, and the secretary of the faculty where faculty committees are involved.
F. An office which falls vacant for any reason will be filled immediately either by general election or a Collegiate Cabinet appointment.
II. Standing Committees
A. Student Committees
1. Election Committee
See Bylaws 1-A.
2. Housing Committee
This committee shall consist of eight students and the assistant dean of students for residential life. Two students shall be elected by and from the first-year class in the fall, and shall serve for four years. The committee reviews petitions, establishes room quotas, and conducts room drawing in the spring.
Policies regarding room designations, room selection processes, applications for special interest housing, Etc. must be approved by the Interhall Board and the Assistant Dean of Students for Residential life.
3. Dining Hall Committee
This committee consists of eight students-at-large, two from each class, one representative from the Dean of Students Office, and the food service director. Two students shall be elected from each first-year class to serve for four years. The committee works in coordination with the food service director on meal plans and in helping hir to be responsive to student needs.
4. Communications Board
The Communications Board is comprised of the Collegiate corresponding secretary (who will serve as chair of the board), one student elected at large, one faculty member and one staff member. Access to the Wells College webmail system is a privilege granted to the students by the College. The main purpose of this board is to ensure that the students do not take advantage of this privilege and use it appropriately. The board has the power to revoke any student's use of webmail if the system is abused. The board will meet at the discretion of the chair no less then once a semester.
5. Health Center Committee
This committee shall consist of the physicians and counselors at the Medical Center, the Dean of Students, and five student members. One student shall be elected from the Women's Resource Center and four students shall be elected at large. All members serve for four years or until graduation or vacancy except for the student from the Women's Resource Center who serves for a one year term or until resignation. This committee shall meet at least once a month to address student concerns and consider matters of importance to the health of the student community.
(Deleted Career Development Board)
6. Publications Board
The publications board is comprised of the Collegiate vice president (who will serve as chair of the board), one student elected at large (who will serve as treasurer), one faculty member and one staff member (elected annually by the student editors of the campus publications), and the editors or their designee of each of the campus publications. This board is responsible for the bi-laws of all campus publications and will act in an advisory capacity. The board will allocate funds to all campus publications depending on need and production costs. All student publications are free from censorship and unsolicited advanced copy reading. The board will become involved in the event of an alleged violation concerning censorship or unsolicited advanced copy reading. The board shall convene at the discretion of the chair and no less then twice a semester.
7. Safety and Security Committee
This committee consists of two students, two faculty members, the director of campus safety, security, and transportation, and the dean of students. The students may be elected from any class and each serve two-year terms. The committee works in cooperation with the director of campus safety, security (who chairs the committee) to address student needs and concerns and to make recommendations to improve safety and security on campus. The committee shall convene a minimum of twice per semester.
8. Constitutional Review Committee
The Community Court chair shall serve as chair of this committee. The committee shall consist of the elections managers, the Collegiate president, and four students elected at large. This committee shall oversee all constitutional amendments and revisions. The committee shall convene a minimum of once per semester and at the discretion of the chair.
9. Traditions Committee
This committee shall be chaired by the Collegiate treasurer and shall consist of the treasurers of each class and the secretary of the sophomore class, who shall serve as secretary to the committee. The committee shall be responsible for the allocation of funds for many traditions and the continuation of said traditions. This committee shall meet a minimum of once per month, and at the chair's discretion.
10. Parking Committee
The Parking Committee consists of the Director of Security, one student elected from each class, a faculty member, and a staff member. All student elections for this committee shall take place in the Fall, and each student will serve a one-year term. Staff and Faculty members will serve two-year terms. The committee shall meet to review parking policies and procedures, address parking needs on campus, and make recommendations on how to help implement new programs to better serve our community members.
B. Faculty Committees
Any changes affecting these committees shall be reported by the secretary of the faculty to the corresponding secretary of the Collegiate Association.
1. Academic Program and Policy Committee
The Academic Program and Policy Committee has responsibility for both long-range and short-range academic planning and program development. It oversees the curriculum at all levels and works with other sectors of the College to integrate academic and curricular planning.
The Academic Program and Policy Committee includes six faculty members (one representative elected from each division and two representatives elected from the faculty at large, for three-year terms), the Dean of the College, the Associate Dean of the College, the head librarian, the registrar, and four students (one sophomore, one junior, one senior, and one W.I.L.L. student, elected by the student body until graduation). The committee elects a chair from its own faculty membership. The committee meets once a week.
2. Committee on Admissions and Financial Aid
The Committee on Admissions and Financial Aid shall consist of three members of the faculty, one of whom shall be chair, the dean of students, the director of admissions, and the director of financial aid. Two students shall serve as advisers. The students shall be one junior and one senior (elected in hir junior year), elected by the student body from open nominations. Any member who is studying off-campus for a semester shall be temporarily replaced by another student chosen from a list of self-nominations and voted upon by the Collegiate Cabinet.
The Committee shall confer with the Administration and Enrollment Management Team on such policy matters as admissions standards, recruitment and retention, and curricular and financial implications of admissions and financial aid. The Committee shall bring recommendations about requirements for admissions to the Faculty for approval.
This collaboration will focus on making decisions on special cases of admission, coordinating Faculty involvement in the admissions process, and reviewing admissions literature. The Committee shall also periodically receive reports from the Enrollment Management Team so that it can share this information with the Faculty.
C. Trustee Committees
1. Board of Trustees
The members of the junior and senior classes shall nominate to the Wells College Board of Trustees two trustees to be ratified by and to serve on the Wells Board of Trustees. One such nominee will be elected from the senior class each year by the members of the junior and senior classes, to serve following graduation for a two-year term. The successful candidate shall be known as the Collegiate trustee.
To insure broad participation and consideration, self-nominations will be invited from all interested members of the senior class.
2. Student Affairs Committee
This committee shall consist of the three students (one sophomore, one junior, and one senior, elected in the spring to serve for one year), the trustee members of the committee, and the Dean of Students. In addition, up to eight other students shall be invited to attend meetings of the Student Affairs Committee with the privilege of participation in discussions. The committee shall convene at least twice a year during the trustee meetings and at other times as seem advisable. It shall provide an exchange between the students and trustees to make each group aware of the other's activities.
III. Organizations
A. Membership in Collegiate Association
Students are free to organize and join organizations to promote their common interests. Organizations are free to invite speakers of their choice to appear on campus. An organization or club may obtain Collegiate Association membership after successfully completing one trial semester. The trial semester will consist of participation in all activities required of organizations already established as well as holding regular meetings. Following this trial semester, a statement of purpose, organization bylaws and portfolio of the trial semester shall be submitted for approval by a majority vote of Representative Council.
Those organizations wishing to become inactive from the representative council for any length of time must submit written notification of their intentions to the Collegiate Cabinet. Inactive organizations will not receive or have access to Collegiate funds for their inactive semester(s).
Those organizations wishing to permanently remove themselves from the representative council must submit written notification to Collegiate Cabinet. Funds remaining in the organization's account will be liquidated into the Collegiate treasury.
B. Budgets
A fee shall be levied upon each student for maintenance of the Collegiate Association. Such dues shall be distributed by the Collegiate Cabinet to student organizations and publications which have the approval of the Representative Council, and to the four classes. Before an organization may obtain funding from the Collegiate Association, it must submit its budget to the Collegiate treasurer when it is called for, and it must submit a list of its officers to the Collegiate president in the fall. Budgets are subject to review by the Collegiate officers throughout the year. A final report of all income and expenditures is submitted to the treasurer at the end of the fall semester and again at the conclusion of the spring semester.
IV. Amendment
Sections II.C. of the Collegiate bylaws may be amended by a majority vote of the Representative Council and approval of the board of trustees. All other sections may be amended by a majority vote of the Representative Council. This vote is subject to approval of SFA in conjunction with the faculty where committees have dual constitution.
