Penn State Harrisburg
Student Government Association
CONSTITUTION
PREAMBLE
We, the members of the Student Government Association of The Pennsylvania State University at
Harrisburg, The Capital College, in recognition of the responsibility shared by the Administration, the
Student Body, and the Director of Student Affairs and in order to be active participants in the lives and
activities of the College and University, do hereby constitute the Penn State Harrisburg Student
Government Association, and do ordain and establish this Constitution.
Article I – Name
The name of this body shall be the Student Government Association of The Pennsylvania State
University at Harrisburg, The Capital College (hereafter referred to as “Penn State Harrisburg SGA” or
“SGA”).
Article II – Membership Requirements
Section 1
All undergraduate members of Penn State Harrisburg SGA must be full-time students enrolled at The
Pennsylvania State University at Harrisburg, The Capital College, at the time of their appointment or
election in order to be eligible to serve in SGA. All graduate students may be either full-time or parttime students at Penn State Harrisburg at the time of their appointment or election in order to be
eligible to serve in SGA. All officers must be enrolled at Penn State Harrisburg and remain a degreeseeking student for the duration of their term.
Section 2
All members must have a Penn State cumulative grade point average of 2.50/4.00 or higher when
running for election for or assuming any position within SGA, and must maintain a 2.50/4.00 cumulative
grade point average or higher to remain a member. If the President appoints a first-year student in the
fall, their grade point average shall be garnered from their high school transcripts.
Section 3
Should a member have less than a 2.50/4.00 cumulative grade point average after any semester, that
member must resign or be removed by the President without delay.
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Section 4
In order to be eligible for the positions of President or Vice President of the SGA, a student must have
been a student at Penn State Harrisburg for at least one academic year, or in the second semester of the
first academic year. The President may not appoint a first-year student for the position of Vice
President.
Article III – Structures
Section 1
The SGA shall consist of an Executive, Legislative, and a Judicial Branch.
A) The Executive Branch exists in order to execute Legislation, enforce Judicial decisions,
facilitate general meetings, and provide counsel.
B) The Legislative Branch exists in order to represent the Student Body, and to enact
Legislation in the interest of the Student Body.
C) The Student Court exists to exercise all judicial powers relating to officially recognized
student clubs/organizations at Penn State Harrisburg and the Student Government
Association. The Student Court is recognized as the Judicial Branch of the SGA.
Section 2
No Branch may take any action that is expressly or reasonably implied to be delegated to another
Branch. If such question exists, the Judicial Branch shall interpret if this section shall be violated.
Section 3
No dues shall be required for membership in any branch of SGA.
Article IV – Powers and Duties of the Executive Branch
Section 1
The Executive Branch shall consist of the President, Vice President, Treasurer, Chief of Staff, Community
Liaison, and the Communications Director.
Section 2
All members of the Executive Branch must adhere to the following guidelines or they may be discharged
by the President:
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A)
B)
C)
D)
E)
F)
No member of the Executive Branch shall have a vote in the Senate, except in the sole
event of a tie; in such case, the Vice President shall cast the tie-breaking vote;
Shall not accumulate more than two (2) unexcused absences per academic semester;
Shall serve on the Executive Board that is chaired by the President;
Must hold office hours in the SGA office totaling no less than one hour per week. In
addition, the President may require more time for working on projects outside or inside
the office;
Shall not hold an office in the Senate or the Student Court; and
May serve on other committees at the discretion of the President.
Section 3
Powers and Duties of the President
A)
Shall execute the legislation enacted by the Senate;
B)
Shall not hold office in any other officially recognized student club/organization;
C)
Shall preside over all SGA General Sessions;
D)
Shall interpret Robert’s Rules of Order and enforce parliamentary procedures;
E)
Shall exercise the power to call special meetings of the General Assembly with a 48-hour
notice;
F)
Shall appoint chairpersons to all SGA committees;
G)
Shall appoint all positions of the SGA Executive Branch, except the Vice President
without the approval of the Senate. If the Vice President resigns, the President may
appoint a new Vice President;
H)
Will not serve as a chairperson for any SGA committee other than the Executive Branch;
I)
Shall serve as the co-chair of the Penn State Harrisburg Student Activity Fee Allocation
Committee;
J)
Shall fill vacancies within the Executive Branch without Senate approval;
K)
Shall fill vacancies within the Legislative Branch and the Judicial Branch with a majority
vote of the Senate;
L)
Shall be permitted to discharge any member of the Executive Branch, except the Vice
President, without going through the impeachment process;
M)
Shall have the power to create ad-hoc committees;
N)
Shall have the power to appoint ex officio members to University committees and/or
organizations;
O)
Shall have the power to veto any proposal or legislation passed by the Legislative Branch
within 24 hours of the initial vote;
P)
Shall enforce all rulings decided by the Judicial Branch; and
Q)
Shall serve as the official representative between Penn State Harrisburg SGA and the
Council of Commonwealth Student Governments (hereafter referred to as “CCSG”).
Section 4
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Powers and Duties of the Vice President
A)
Shall hold the tie-breaking vote in the event of a tie in the Legislative Branch;
B)
Shall maintain communication with all officially recognized clubs/organizations through
the structure of the Inter-Club Council (ICC);
C)
Shall serve as chair of the Inter-Club Council (ICC);
D)
Shall temporarily preside over the General Assembly session in the absence of the
President;
E)
Shall preside over the impeachment hearing of any member of the Judicial Branch;
F)
Shall assume the office of the President if there is a vacancy;
G)
Shall not hold an officer position in any other officially recognized club/organization;
and
H)
Shall carry out other duties assigned by the President.
Section 5
Powers and Duties of the Treasurer
A)
Shall manage and maintain SGA financial account records;
B)
Shall receive all funding requests from officially recognized clubs/organizations;
C)
Shall serve as chairperson of the Finance Committee;
D)
Shall not hold an office in any other officially recognized club/organization;
E)
Shall present financial reports at the General Assembly sessions;
F)
Shall hold office hours in conjunction with the SGA Financial Coordinator, who shall be
appointed by the Assistant Director of Campus Life and Intercultural Affairs;
G)
Shall hold an ex-officio position on the Penn State Harrisburg Student Activity Fee
Allocation Committee;
H)
Shall review any financial budgets of the SGA; and
I)
Shall carry out additional duties assigned by the President.
Section 6
Powers and Duties of the Chief of Staff
A)
Shall assist the President in creating an agenda for the General Assembly sessions;
B)
Shall record, maintain, and post/disseminate complete minutes of each General
Assembly and Executive Branch meeting;
C)
Shall determine the validity of General Assembly session absences of all SGA members;
D)
Shall record, maintain and post the voting record of the Legislative Branch;
E)
Shall maintain an official copy of all Senate minutes;
F)
Shall serve as chair of the By-laws Committee; and
G)
Shall carry out additional duties assigned by the President.
Section 7
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Powers and Duties of the Community Liaison
A)
Shall propose and coordinate community service projects for the SGA;
B)
Shall take concerns to local municipalities in conjunction with the SGA advisors, as well
as be aware of local community issues that may affect the student body;
C)
Shall attend Executive Branch meetings; and
D)
Shall carry out additional duties assigned by the President.
Section 8
Powers and Duties of the Communications Director
A)
Shall create and maintain the official SGA Website;
B)
Shall work with the SGA Chief of Staff in posting SGA General Assembly session minutes;
C)
Shall serve as spokesperson for the SGA;
D)
Shall create SGA publications;
E)
Shall maintain contact with Student Government Associations at other Penn State
campuses;
F)
Shall maintain the SGA member bulletin board;
G)
Shall communicate SGA news and announcements to campus media outlets;
H)
Shall attend Executive Branch meetings; and
I)
Shall carry out additional duties assigned by the President.
Article V – Powers and Duties of the Legislative Branch
Section 1
All Legislative power shall be vested in the Senate. Each academic school/division shall be entitled to
representation as follows: There shall be a maximum of four Senators to represent each undergraduate
academic school/division, and the Graduate School.
A)
B)
C)
D)
E)
F)
G)
Four (4) senators from the School of Behavioral Science & Education
Four (4) senators from the School of Business Administration
Four (4) senators from the School of Humanities
Four (4) senators from the School of Public Affairs
Four (4) senators from the School of Science, Engineering and Technology
Four (4) senators from the Division of Undergraduate Studies
Four (4) senators from the Graduate School
Section 2
In the event that a Senator, having been duly elected, or appointed by the President and confirmed by
the Senate, does not officially fall under one of the academic units as described in Section 1, the
President reserves the power, after consultation with the Senate Leader and the SGA Advisor, to
designate the academic unit that the Senator will represent.
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Section 3
Powers and Duties of the Senate Leader
A)
Shall be nominated and elected by the Legislative Branch at the first SGA meeting of the
academic year;
B)
Shall preside over the Senate and coordinate the Senate’s activities;
C)
Shall fill all SGA committees within one week;
D)
Shall serve as the main spokesperson for the Legislative Branch;
E)
Act as the Legislative Branch liaison between the Executive and Judicial branches;
F)
Shall attend Executive Branch meetings at the request of the President; and
G)
May call mandatory meetings of the Senate with a 48 hour notice.
Section 4
Powers and Duties of the Senate
A)
Members shall not hold a position in the Executive or Judicial Branch;
B)
Shall present proposals and legislation at General Assembly sessions;
C)
Approve new standing committees with a two-thirds majority vote;
D)
Approve any appointments to the Legislative and Judicial Branches with a majority vote;
E)
Shall have the power to override a Presidential veto by a two-thirds vote;
F)
Review any funding requests submitted for SGA approval;
G)
Shall serve on a minimum of one SGA committee per academic semester;
I)
Shall be expected to know and follow parliamentary procedure as stated in Robert’s
Rules of Order;
J)
Shall not accumulate an excess of two (2) unexcused General Assembly session absences
per academic semester;
K)
Shall meet with the appropriate School Director at least twice a year;
i)
One meeting shall be in the Fall semester, and one meeting shall be in the
Spring semester;
ii)
Each Senator shall report to the General Assembly after the meeting;
L)
Shall hold one (1) open forum in conjunction with the academic School per academic
year;
M)
Shall abstain from voting on any funding proposal for any recognized club/organization
with which he or she is affiliated, with the exception of SGA ; and
N)
Shall hold office hours in the SGA office totaling no less than one (1) hour per week.
Section 5
Quorum for the Senate to conduct business is hereby established as a majority (50% + 1) of the current
Senate membership.
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Article VI – The Student Court
Section 1
All Judicial powers shall be vested in the Student Court. There shall be a Chief Justice and a maximum of
four (4) Associate Justices.
Section 2
The Student Court shall follow the rules set forth in that body’s Constitution and By-laws, and the SGA
shall have no authority over the Court except in the cases of appointment, confirmation and removal.
The Court shall enjoy autonomy in all other aspects.
Section 3 – Appeals
Any decision rendered by the Student Court may be appealed within 48 hours of the notification of the
decision. Appeals will be brought before the Appeals Board which shall, in its sole authority and by the
written decision of two of its members (or, should the Court have only three members, by the written
decision of one of its members), convene an appellate hearing.
A)
The Appeals Boards shall consist of five SGA members:
a. Two (2) members from the Executive Branch
i. President
ii. Vice President
b. Two (2) members from the Legislative Branch
i. Senate Leader
ii. One (1) other Senator appointed by the Senate Leader
c. One (1) member from the Judicial Branch
B)
In the event of a conflict of interest, the SGA advisor(s) will randomly choose a SGA
member from the respective branch.
C)
Appeals shall be submitted in writing to the Chief Justice within the allotted time as
described in Article VI, Section 3.
D)
The Chief Justice must provide copies of the written appeal to each member of the
Appeals Board and the SGA Advisor(s) within 24 hours of receipt of appeal.
E)
The Appeals Board shall be chaired by the member of the Board representing the
Judicial Branch.
F)
The Appeals Board shall have its initial meeting within 48 hours of receiving the appeal.
G)
The final decision of the Appeals Board must be rendered in writing to the SGA
Advisor(s) within three (3) business days of its initial meeting.
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Article VII – Standing Operational Committees
Section 1
The following Standing Operational Committees are established in order for SGA to work effectively
within the University’s financial system as well as with the Council for Commonwealth Student
Government (CCSG) and the Capital College Senate.
Section 2
The SGA Standing Operational Committees shall consist of the following:
A)
Academic Affairs
B)
By-laws
a. The By-laws Committee shall consist of a maximum of three (3) members.
b. The Committee shall consist of one (1) member from the Executive Branch, one (1)
member of the Legislative Branch, and one (1) member of the Judicial Branch.
c. The Executive Branch member shall be the SGA Chief of Staff, who shall chair the
Committee.
C)
Finance
a. The Finance Committee shall be chaired by the SGA Treasurer.
D)
Governmental Affairs
E)
Student Affairs
Section 3
The Academic Affairs Committee purpose and duties
A)
Members shall be familiar with University Academic policies and to disseminate changes
to the Penn State Harrisburg student body;
B)
Represent SGA at appropriate Penn State Harrisburg Faculty Senate subcommittee to
communicate the student body concerns and options;
C)
Represent Penn State Harrisburg SGA at the appropriate CCSG committee meetings to
communicate Penn State Harrisburg’s student concerns and options;
D)
Provide a report to the SGA General Assembly at the next SGA meeting following either
the Penn State Harrisburg Faculty Senate Committee meeting or the CCSG meeting
E)
Communicate policy changes to the student body; and
F)
Carry out additional duties as assigned by the SGA President.
Section 4
The By-laws Committee purpose and duties
A)
Maintain, review, and create as needed, the SGA by-laws on an annual basis;
B)
Be comprised as follows:
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a.
C)
One (1) member from the Executive Branch;, who shall be the SGA Chief of Staff
and shall chair the Committee;
b.
One (1) member from the Legislative Branch; and
c.
One (1) member from the Judicial Branch.
d.
The maximum number of committee members shall be three (3), including the
chair; and
Carry out additional duties as assigned by the SGA President.
Section 5
The Finance Committee purpose and duties
A)
Shall be chaired by the SGA Treasurer;
B)
Create and maintain financial guidelines to be used when making decisions for club
funding requests;
C)
Answer financial questions posed by officially recognized clubs/organization; and
D)
Carry out additional duties as assigned by the SGA President.
Section 6
The Governmental Affairs Committee purpose and duties
A)
Members shall keep abreast of all governmental issues that may affect Penn State
Harrisburg and its student body;
B)
Represent Penn State Harrisburg SGA at the appropriate CCSG committee meetings to
communicate Penn State Harrisburg’s student concerns and options;
C)
Provide a report to the SGA General Assembly at the next SGA meeting following either
the Penn State Harrisburg Faculty Senate Committee meeting or the CCSG meeting; and
D)
Carry out additional duties as assigned by the SGA President.
Section 7
The Student Affairs Committee purpose and duties
A)
Be aware of issues affecting students in the areas of:
a.
Diversity
b.
Student Life
c.
Student Fees
d.
Residence Life
B)
Develop legislation to address both student and administration concerns;
C)
Represent SGA at the appropriate the Penn State Harrisburg Faculty Senate
subcommittee (as assigned by SGA administration);
D)
Represent Penn State Harrisburg SGA at the appropriate CCSG committee meetings;
E)
Carry out additional duties as assigned by the SGA President.
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Article VII – The Election Process
Section 1
A)
B)
C)
D)
E)
F)
There shall be one SGA election every academic year. Every non-appointed position,
including the President, the Vice President, and all Senate seats, shall be elected at this
time.
Elections shall take place every year on the first Tuesday of April, or if the need should
arise, at the earliest possible date thereafter.
No candidate shall have any current or pending judicial actions levied against them, and
must be academically eligible, as described in Article II, Section 1.
Students have the right to know the results of the election as soon as is practical.
Candidates have the right to contest the election results within a period of time
designated by the SGA Election Code.
A runoff election shall determine the winner of any elected office in the event of a tie.
Section 2
A)
B)
The SGA Oath of Office shall be the official inauguration for any member of any branch
within the SGA.
The Chief Justice shall administer the oath of office. In the absence of the Chief Justice
an Associate Justice shall administer the oath of office. In the absence of a member of
the Judicial branch, the SGA advisor or his/her designee shall administer the oath of
office:
“I do swear (or affirm) that I shall fulfill the duties of the office to which I have
been entrusted by the student body of The Pennsylvania State University at
Harrisburg, The Capital College, to the best of my ability. As a holder of such
office, I shall serve the interests of the Student Body and uphold the principles
of the University, this College, and the Student Government Association
constitution.”
Article IX – Vacancies and Succession
Section 1 - Vacancy
A)
B)
If a vacancy should occur in the Senate, the SGA President shall appoint an individual to
fill the vacancy with a simple majority vote of the Senate.
If a vacancy should occur in the office of the President, the Vice President shall become
President and serve the remainder of the term and shall appoint a new Vice President,
who shall be approved by a simple majority vote of the Senate.
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C)
D)
E)
If a vacancy should occur in the Executive Branch, the SGA President has the power to
appoint an individual to complete the term.
If a vacancy should occur in the Student Court, the SGA President shall appoint a student
to fill the vacancy with a simple majority vote from the Senate.
If a vacancy should occur in the office of Senate Leader, the Senate shall nominate and
elect a new Senate Leader at the General Meeting following the vacancy, unless the
vacancy occurs during a General Assembly meeting, in which case such election shall
occur within the same meeting.
Section 2 - Succession
A)
B)
C)
D)
In the event that the President can no longer fulfill the duties of the President of SGA,
the Vice President shall assume the title and office of President.
If there is a vacancy in the office of the Vice President, the President shall appoint a Vice
President, in accordance with Article IV, Section 3(G).
If the office of the President and the office of the Vice President are vacated
simultaneously, the Senate Leader shall immediately assume the title and office of
President.
In any case of succession, the acceded President shall remain in that office for the
remainder of the original term.
Article X – Impeachment and Removal from Office
Section 1 – Impeachment
A)
B)
C)
D)
Any member of the three branches who damages the image of or infringes upon the
Constitution of the SGA, University policy, and the University’s Code of Conduct, may be
subject to impeachment.
In order for a member of the SGA to be impeached, a Senator must submit, in writing, to
the Chief Justice a brief stating the reason(s) why the individual should be impeached. If
the Chief Justice is the subject of impeachment, then the brief should be delivered to
the Vice President of the SGA.
Whether the initial brief goes to the Chief Justice or the Vice President, depending upon
the situation, copies of the impeachment brief must be given to the highest ranking
member of the other two (2) branches.
The Impeachment Board shall consist of
a.
The Chief Justice who shall chair the Board;
b.
Two (2) Associate Justices; and
c.
Two (2) Executive branch members.
d.
If the Chief Justice is the subject of impeachment, the board shall be
chaired by the SGA Vice President.
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E)
F)
G)
H)
All members of the Impeachment Board, with the exception of the chair, shall be chosen
at random by the SGA advisor(s).
All members of the Impeachment Board shall be granted a vote.
All members of the Impeachment Board shall be present to pass a binding decision.
If the Board’s decision is that the charges are valid by a simple majority vote, then the
Board will refer the case to the Senate.
Section 2 – Removal
A)
B)
C)
D)
E)
The Senate Leader shall preside over the Senate during the process of the Removal
Hearing, unless the Senate Leader is the subject of impeachment, in which case the
Senate shall immediately appoint an Acting Senate Leader to preside over the Removal
Hearing.
The Senate will hear testimony from all members of the Impeachment Board.
The impeached member has the right to address the Senate, as well as have other
students from the SGA or general student body testify on her/his behalf.
In order for the impeached member to be removed from office, a two-thirds vote of the
entire Senate membership is necessary.
In order for the Chief Justice of the Student Court to be removed, a majority of the
justices on the Student Court must concur.
Article XI – Amendments and Bylaws
Section 1 – Amendments
A)
B)
C)
D)
An amendment to the SGA constitution may be considered with a two-thirds vote of the
Senate.
The amendment shall be discussed for a minimum of three SGA voting sessions before a
vote can take place. No vote shall be taken until the third meeting after an amendment
has been introduced.
The amendment shall be publicly advertised to the campus community from the time
the amendment is proposed up through the time it is voted upon.
Amendments shall become effective immediately after a three-fourths vote of approval
by the Senate.
Section 2 – By-laws
A)
B)
C)
The SGA by-laws may be amended with a two-thirds approval vote of the Senate.
The SGA by-laws may neither contradict nor supersede the SGA constitution.
The SGA by-laws shall be reviewed by the SGA By-laws Committee on an annual basis.
Article XII – Constitutional Supremacy
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Section 1
This Constitution supersedes any previous constitution, any legislation passed by the Senate, and any
action by a member of SGA.
Section 2
This Constitution shall not violate any stated University policy. University policy shall supersede this
Constitution in all matters.
Section 3
This Constitution does not nullify any actions taken or obligations assumed under a prior constitution.
Article XIII – Parliamentary Authority
The current edition of Robert’s Rules of Order, Newly Revised, shall control in all cases of procedure, so
long as it does not conflict with this Constitution.
Article XIV – Advisor
Section 1
The SGA shall retain an advisor(s) at all times.
Section 2
The Advisor(s) shall be a member of the Faculty, Staff, or Administration of the University.
Section 3
The Advisor shall be the Assistant Director of Campus Life and Intercultural Affairs, or if such position is
vacant, by an eligible person under Article XIV, Section 2 appointed by the Chancellor of Penn State
Harrisburg or his or her designee.
Section 4
The advisor(s) shall retain the position indefinitely, until he or she chooses to leave the position or the
University.
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Section 5
Upon a vote of three-fourths of the entire Senate membership, the President shall petition the
Chancellor who may, at his or her sole discretion, appoint a new Advisor.
Article XV - Statements of Nondiscrimination and Institutional Compliance
Section 1
The SGA shall not, in any way, discriminate on the basis of race, gender, religion, age, sexual orientation,
disability, ethnicity or national origin.
Section 2
The SGA shall abide by all institutional policies in the functioning of the organization.
Section 3
At no time shall any member of SGA engage in any sort of hazing activity, as defined by Penn State
Harrisburg Campus Life and Intercultural Activities or the Penn State Office of Student Affairs, whether
on the campus or elsewhere. Any member found to be engaged in any sort of hazing will be considered
for impeachment at the next meeting, in accordance with Article X.
Section 4
All organizational funds shall be deposited and maintained in accordance with the Penn State Harrisburg
rules and regulations regarding the use and allocation of student funding, as defined by the
Administration. It shall be the responsibility of the Treasurer to maintain compliance with these rules,
as well as any changes that may occur.
Revised 11-13-2013
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