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The University Park Undergraduate Association Constitution

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The Constitution of The University Park Undergraduate Association (UPUA)
Date of Origin: October 2006
Amended: April 15, 2007

Preamble:
In the belief that active participation in the governance of our university is a fundamental right of students, essential to the health and well being of our community, and best realized through a democratic student government, We, the undergraduate students of The Pennsylvania State University - University Park, being duly elected and appointed by our peers, do hereby establish through this Constitution the University Park Undergraduate Association to serve the undergraduate student body of The Pennsylvania State University - University Park.

Article I - Principles of Establishment
§1.1 Basis for Authority-
It is recognized that the University is governed by a Board of Trustees that may delegate governing powers to the students. Additionally, the right of students to manage themselves in all areas not related to or claimed by the University is affirmed. These tenants are the legitimate basis for the UPUA’s authority.

§1.2 Acceptance of Authority-
The UPUA hereby accepts all power granted to it by the University. The UPUA claims all rights to authorities over matters related to students not claimed by the University or attributable to other entities by statute or common law.

§1.3 Distribution of Authority-
All authority attributable to the UPUA is ultimately controlled by the collective power of the UPUA as integrated by this Constitution. This authority shall be delegated to the entities prescribed herein which shall collectively constitute the UPUA. Power granted to an entity is the sole entitlement of that entity and cannot be abdicated or transferred except through this Constitution.

§1.4 Statement on Shared Governance and Independence-
The UPUA recognizes the interdependence of all members of the Penn State community, including the students, faculty, and administration of Penn State. In that spirit, all authority delegated to the UPUA is accepted under the principles of equal and equitable shared governance. A true partnership, built on communication, cooperation and compromise, requires all parties to be effective advocates. Therefore, the UPUA asserts and maintains its independence over all matters within its jurisdiction in the belief that only an independent student government can best represent the diverse interests of students at University Park.

Article II - Mission Statement
The mission of the University Park Undergraduate Association shall be to provide:
§2.1 A unified and informed voice representing undergraduate students to the University faculty and administration and, with that voice, advocate on behalf of undergraduate students.

§2.2 A forum for ideas and concerns of students.

§2.3 The necessary communications link between undergraduate students and other members of the University Park community so that student concerns may be addressed effectively.

§2.4 Event programming that benefits the education and the quality of student life of undergraduate students at the University Park campus.

§2.5 The listing of objectives by no means indicates priority.

Article III - Membership
§3.1 Membership Types -

§§ 3.1.1 Membership shall include all currently registered undergraduate students at the University Park campus. Membership shall be divided into general business and general election status.
cl. i General business membership shall include all students duly elected and appointed to the entities of the UPUA.
cl. ii All members shall be considered general election members.

§§ 3.1.2 Only currently registered undergraduate students of the University Park campus shall be eligible for membership.

§§ 3.1.3 All members have the right to refrain from participating in any UPUA activities based upon personal or religious beliefs, personal values, or moral reserves, as determined by the member.

§§ 3.1.4 All interaction and activity between members and/or new members will be limited by guidelines stated by university policy, as well as local, state, and federal laws.

§§ 3.1.5 The UPUA will not restrict membership based on characteristics of a student, which are intrinsic to the identity of that student, and are not essential to the potential value of that student as a member of the UPUA and the Penn State University Community at large. The Pennsylvania State University prohibits discrimination and harassment against any person because of age, ancestry, color, disability or handicap, national origin, race, religious creed, sex, sexual orientation, gender identity or veteran status. discrimination or harassment against faculty, staff or students will not be tolerated at The Pennsylvania State University.

Article IV - Basic Structure and Rules
§4.1 Establishment of Entities-
§§ 4.1.1 There shall be three entities within the UPUA that will serve separable functions cooperatively to fulfill UPUA’s mission and execute the UPUA’s authority:
cl. i An Assembly of Student Representatives to decide business.
cl. ii An Executive Board to execute decisions and provide counsel.
cl. iii A Board of Arbitration to adjudicate disputes on matters of rule and equity.

§4.2 Rules Pertaining to Entities and their Members-
§§ 4.2.1 All persons taking claims to general business membership must be registered as a member of one entity.
§§ 4.2.2 No member of an entity may be a member concurrently of another entity. This provision however does not invalidate an individual having rights and responsibilities in multiple entities pursuant to this Constitution.
cl. i The President, under extenuating circumstances, may appeal to the Board of Arbitration in order to allow general business members to serve fully in multiple entities.
§§ 4.2.3 Each entity shall serve to ensure accountability to the collective organization and the students by means of this Constitution and the responsibilities delegated to the entities.
§§ 4.2.4 No entity may transact business that is expressly or reasonably implied to be under the jurisdiction of another entity.
§§ 4.2.5 No entity may establish, amend, or rescind the rules of another entity except through explicit mechanisms defined in this Constitution.
§§ 4.2.6 All entities and subsidiaries shall establish written rules for the conduct of their affairs.

Article V - Assembly of Student Representatives
§5.1 Powers and Responsibilities-
§§ 5.1.1 All fundamental decision making authority is hereby vested in the Assembly of Student Representatives referred to hence forth as the Assembly.

§§ 5.1.2 The Assembly shall have the power to:
cl. i Determine the opinion of the UPUA and as such the undergraduate students of Penn State.
cl. ii Regulate the expenditures of the UPUA.
cl. iii Establish general policies and rules for the UPUA, including appointing those who have decision making authority on other governmental entities at this University that do not contradict provisions in this Constitution.
cl. iv Establish rules governing the elections, appointment, performance, and qualifications of members of all entities where not defined in this Constitution or assigned to another entity.
cl. v Establish Officers and additional Committees of any nature of the Assembly to facilitate proper function of a deliberative body.
cl. vi Consent to appointments of non-elected offices in all entities and express consent in all other areas as this Constitution requires.
cl. vii Have the authority to censure and impeach all members and officers of the UPUA.
cl. viii Fill all student positions on the Faculty Senate and its subsidiaries granted to the UPUA via the Faculty Senate Constitution and Standing Rules. The student voting seats for the Degree-Conferring Academic Colleges and the Division of Undergraduate Studies (DUS) shall be apportioned to the Assembly representatives from the appropriate constituency and only with the consent of the academic units’ governing body. All other seats in any entity of the Faculty Senate may be held by any individual of the UPUA.
cl. ix Accept and execute any authority not attributable to any other entity.

§5.2 Members-
§§ 5.2.1 Representatives-
cl. i The Assembly shall consist of Representatives elected by constituencies defined and established herein in accordance with election provisions set forth in this Constitution and in Acts as defined by the Assembly which may not superseded the following. The number of Representatives shall be determined in Acts subject to the stipulations contained herein:
pt. a There shall be at least one (1) Representative for each Degree-Conferring Academic College and for the Division of Undergraduate Studies (DUS) and at all times shall the Colleges and the DUS be represented equally.
pt. b There shall be one (1) Representative from the Schreyer Honors College.
pt. c There shall be one (1) Representative from each of the Greek Councils.
pt. d There shall be at least six (6) Representatives for On-Campus Students. The number shall be in proportion to On/Off Campus and area population distribution.
pt. e There shall be at least ten (10) Representatives for Off-Campus Students. The number shall be in proportion to On/Off Campus population distribution.
pt. f There shall be at least six (6) Representatives elected at large by all full-time undergraduate students at University Park.
pt. g There shall be two (2) first-year student Representatives appointed to the Assembly to ensure appropriate representation of freshman interests. Such appointments shall occur at a time to accommodate the
constituency. These students shall be defined as having first or second semester standing at the time of appointment.
pt. h There shall be one non-voting Representative from the Council of Commonwealth Student Governments (CCSG), a position that shall be filled by the President, Vice President, or other delegate appointed by the Council.

§§ 5.2.2 Responsibilities ~ Representatives shall be required to:
cl. i Attend General Meetings of the Assembly and actively participate as an informed actor in the discussion and deliberation of business of the UPUA and other entities that make decisions on students’ behalf.
cl. ii Attend regular meetings of the appropriate constituency organizations including but not limited to On Campus Representatives attending the meetings of the Association of Residence Hall Students (ARHS), Academic Representatives attending their respective student councils’ general meetings, Off Campus Representatives attending the State College Borough Council and/or Off-Campus Student Union (OCSU) general meetings, and At large Representatives attending all of at least one of the following organizations’ general meetings: University Park Allocation Committee (UPAC), Student Programming Association (SPA), Funding Allocation Board (FAB), and Student Organization Conduct Committee (SOCC).
cl. iii Serve as a member of at least one Standing Committee.
cl. iv File a formal, end-of-term report to be included in the official record of the Association.
§§ 5.2.3 Rights of Representatives ~ Representatives shall be afforded the right to:
cl. i Speak on behalf of their constituencies.
cl. ii Vote on all questions before the Assembly subject to cases of conflicts of interest or personal matters.
cl. iii Debate and otherwise have floor privileges.

§5.3 Transaction of Business-
§§ 5.3.1 All business decisions shall require a majority of those present and voting to be rendered unless otherwise specified or dictated by parliamentary authority.
§§ 5.3.2 Acts – Acts shall be generally defined as written forms of business. They shall be the primary product of the Assembly.
§§ 5.3.3 All Acts shall require perfection to take effect. Perfection shall be the consenting signature of the President, a 2/3 vote in act of overriding the veto of the President, or implicit consent through no action of the President within four (4) academic days of initial decision by the Assembly.
§§ 5.3.4 All perfected acts shall take effect immediately and be effective in perpetuity.

§5.4 Section 5.4 Committees-
§§ 5.4.1 All committees of any nature shall be subsidiaries of the Assembly and shall have all necessary power and authority within their jurisdiction to execute their duties and responsibilities.
§§ 5.4.2 Standing Committees-
cl. i There shall be the following Standing Committees:
pt. a Internal Development
pt. b Student Life and Diversity
pt. c University Facilities and Services
pt. d University and Governmental Relations
pt. e Academic Affairs
pt. f Special Events and Programming
cl. ii All Standing Committees shall be a minimum of five (5) members. No Representative may be a member of more than one Standing Committee unless all Standing Committees are full.
cl. iii One member of each Standing Committee shall be the chair of the committee and one member shall be the vice chair. Committee Chairs shall be elected by a majority of non-vacant Representative seats of the Assembly. The Vice Chairs will be elected internally within each committee as prescribed by the rules of that committee.
§§ 5.4.3 Ad-Hoc Committees-
cl. i The Assembly may create and dissolve Ad-Hoc Committees as it sees fit.
cl. ii As appropriate, Ad-Hoc committees shall be subject to all general Standing Committee policies.

Article VI - Executive Board
§6.1 Powers and Responsibilities-
§§ 6.1.1 All fundamental executory authority is hereby vested in the Executive Board.
§§ 6.1.2 The Executive Board shall have the power to:
cl. i Carry out the will of the Assembly and the UPUA as prescribed by duly passed Acts and within the President’s discretion.
cl. ii Enter into Contracts provided that they can be reasoned to an Act of the Assembly.
cl. iii Provide services to students in the name of the UPUA and the student body in conjunction with Student Affairs and Acts of the Assembly.
cl. iv Conduct the day-to-day affairs of the UPUA.
cl. v Represent the UPUA to the University and solicit University support.
cl. vi Facilitate the selection of non-elected officials whose appointments are not governed and/or determined by Acts and/or entities.
cl. vii Establish rules of procedure for the efficient operation of the Cabinet including department procedures and yearly program instructions.

§6.2 Officers-
§§ 6.2.1 There shall be two chief officers of the Executive Board, a President and a Vice President. Both officers shall be considered to be officers of the UPUA as a whole.
cl. i The Chief Officers must be full-time, undergraduate students at the Pennsylvania State University, University Park campus, at the time of their election and throughout their term in office.
cl. ii The Chief Officers must fulfill their duties during the summer session.
§§ 6.2.2 Powers and Responsibilities of the Presidency-
cl. i The President shall be considered the head of the Executive Board and as such organize and shape the execution of responsibilities of the Executive Board.
cl. ii The President shall appoint all Directors within of the Executive Board, all non-staff members to the Board of Arbitration and its subsidiaries, and Advisors.
cl. iii The President shall be the primary speaker of the student body at The Pennsylvania State University, University Park Campus.
cl. iv The President may create or dissolve any subsidiary of the Executive Board necessary to further the mission of the Association unless such an action would be in contradiction to an Act of the Assembly or attempt to dissolve a subsidiary prescribed within this Constitution.
cl. v The President shall act as the official student Representative and nonvoting Delegate, unless otherwise delegated by the Assembly, of the UPUA to any and all organizations external and internal to the University.
cl. vi In case of a vacancy, appoint a current Director to fill the position of Vice President, with consent of the Assembly.
cl. vii The President shall commit to executing all Acts through the authority to sign or veto all Acts prior to perfection.
cl. viii The President shall have the authority to submit Acts to the Assembly for consideration, including a mandatory budget.
cl. ix The President shall attend all meetings of the Assembly and submit Executive Board reports at each regularly scheduled Assembly meeting.
§§ 6.2.3 Powers and Responsibilities of the Vice Presidency-
cl. i The Vice President shall accept and carry out the duties of the President, if and when the President is unable or unwilling to fulfill the requirements of the office by voluntary decision, distance or absence from the University, or state of incapacity.
cl. ii The Vice President shall preside over the meetings of the Assembly, retain floor privileges, and vote solely in the cases that will influence the outcome of the vote, except on votes to override a veto of the President.
cl. iii The Vice President shall act as an official student Representative and Delegate of the UPUA to any and all organizations internal to the University in conjunction and with approval by the President. In addition, he or she may issue non-binding directives to the Committees of the Assembly.
cl. iv Accept any duties assigned by the President or Assembly.
§§ 6.2.4 Vacancies and Absences-
cl. i In cases of a vacancy of the Presidency that are permanent such as removal or resignation from office, the Vice President shall immediately become the President upon tender of resignation or act of removal. Properly revoked resignations may reverse this transfer.
cl. ii In cases of a vacancy of the Presidency or an absence of the President that are temporary, such as distance or states of incapacity, the Vice President shall assume the powers and responsibilities of the Presidency as Acting President. The Vice President shall retain his or her office as Vice President and all actions including those as Acting President shall go on record under the name of Vice President. Disciplinary actions taken shall be under the name of Vice President but may be for matters related to service as Acting President. The Assembly shall retain the right to discipline the President under the name of the office. The Vice President, while Acting President, may select the Treasurer or Secretary to serve as Acting Vice President and delegate duties as necessary.

§6.3 Departments and Directors-
§§ 6.3.1 All subsidiaries of any nature shall be considered Departments of the Executive Board.
§§ 6.3.2 All Departments shall be headed by a Director appointed by the President through public-application. All Directors must be full-time undergraduates attending classes at
University Park unless prescribed otherwise by an Act of the Assembly. All Directors shall be required to attend the general meetings of the Assembly in conjunction with the President and Vice President.
§§ 6.3.3 Any Department not established within this Constitution may be created and dissolved at the reasonable will of the President, unless established by an Act of the Assembly
§§ 6.3.4 All Departments and Directors of the Executive Board shall be bound to aid the Assembly in the execution of its business to the extent allowed by the duties and responsibilities of Departments and Directors enumerated herein.
§§ 6.3.5 The Department of Finance shall be a permanent subsidiary of the Executive Board. Its director shall be considered the Treasurer of the UPUA and shall be the chief financial officer to all University and Non-University financial entities. The department shall fulfill the following duties:
cl. i To develop, with consultation of the President, an annual comprehensive budget for the Association submitted by the President to the Assembly for approval.
cl. ii To review any financial budgets and requests of any subsidiary of any entity and report on those items to the Executive Board and the Assembly.
cl. iii To assist, upon request, any subsidiary of any entity in preparing an application for funds
cl. iv Manage all income and expenditures with Associated Student Activities in line with decisions of the UPUA.
§§ 6.3.6 The Department of Records shall be a permanent subsidiary of the Executive Board. Its director shall be considered the Secretary of the UPUA. The department with its assistants shall fulfill the following duties:
cl. i To record comprehensive minutes at all general meetings of the Assembly, Executive Board, and Board of Arbitration and to maintain records of all other business at all entities and their subsidiaries.
cl. ii To make available all documents approved for public viewing or distribution to the student body.
cl. iii To submit to University Libraries for archiving the records of the UPUA older than 3 years. Sufficient information should be retained within the UPUA for sufficient conduct of business.
§§ 6.3.7 There shall be the following departments for campus relations which shall be permanent subsidiaries of the Executive Board:
cl. i Department of Multicultural Affairs
cl. ii Department of Lesbian, Gay, Bisexual, Transgender, Queer, and Allies (LGBTQA) Affairs
cl. iii Department of Women Affairs
cl. iv Department of Religious Affairs
§§ 6.3.8 There shall be the following service departments which shall be permanent subsidiaries of the Executive Board:
cl. i Legal Affairs - The Department of Legal Affairs shall function to facilitate dialogue and communication between UPUA Legal Affairs and the Executive Board and Assembly. The Department claims no authority over internal operations of the UPUA Legal Affairs.
pt. a The Director of the Department of Legal Affairs shall be chosen from the UPUA Legal Affairs members, nominated by the President, and consented to by the Assembly.
pt. b. The Director of the Department of Legal Affairs shall be exempt from the requirement to attend all general Assembly meetings. This provision does not imply the Director of the Department shall not fulfill the obligations of §§ 6.3.4.
cl. ii Service Initiatives
pt. a Coaches vs. Cancer
Article VII Board of Arbitration

§7.1 Powers and Responsibilities-
§§ 7.1.1 All authority over matters of dispute between entities and matters of rule and equity within the UPUA are solely vested in a Board of Arbitration.
§§ 7.1.2 The Board of Arbitration shall have the power to:
§§ 7.1.3 Conduct select hearings related to disputed matters within the UPUA, specifically pertaining to election disputes, disciplinarily actions, and disputes concerning the interpretation of this Constitution.
§§ 7.1.4 Review all UPUA Constitutional amendments, unless otherwise specified, for fairness and equity.

§7.2 Membership-
§§ 7.2.1 Arbitrators-
cl. i There shall be Seven (7) members of the Board of Arbitration, one of which shall be head. Collectively they shall carry out the business of the Board of Arbitration.
cl. ii Board of Arbitration members shall be appointed to their offices by the President.
cl. iii All Board of Arbitration members must be full-time undergraduates attending classes at University Park.
cl. iv Board of Arbitration members shall serve terms of the lesser of time from appointment to graduation or seven (7) semesters, provided a Board of Arbitration member is not removed from office on reasonable grounds.
cl. v Only Arbitrators may exercise the powers and responsibilities vested in the Board of Arbitration.
§§ 7.2.2 Staff-
cl. i The Board of Arbitration may maintain a Staff to assist in the carrying out of its responsibilities and powers.
cl. ii Staff shall be appointed internally by the Board of Arbitration and not subject to consent of the Assembly.

Article VIII - Meetings
§8.1 General Meetings-
§§ 8.1.1 General meetings shall be defined as the convening of the voting members of an entity for the purpose of transacting business.
§§ 8.1.2 The Assembly and Executive Board may not have more than six (6) academic days pass between any two general meetings, work session meetings, or any combination thereof. In a semester, the number of general meetings must exceed the number of work session meetings.
§§ 8.1.3 Quorum shall be a majority of the non-vacant seats of an entity.
§§ 8.1.4 All general meetings of all entities are to be public. The business of entities shall be made available to the public along with information establishing basis for transactions. The meetings shall be advertised and designed to accommodate the public interest as appropriate.

§8.2 Work Session-
§§ 8.2.1 The Assembly may have work session meetings. At these work sessions meetings all standing committees will meet to discuss pertinent matters.

§8.3 Summer Term-
§§ 8.3.1 Each entity shall not convene in any form during the summer without first establishing rules for the transaction of business.

Article IX - Finances
§9.1 Money Management-
§§ 9.1.1 All UPUA funds will be deposited in and handled through the Associated Student Activities (ASA) office. All funds shall be generally maintained in the unrestricted account which may be referred to as the “general account.”
§§ 9.1.2 All expenditures shall be approved by the Assembly. The Assembly may demand where appropriate extreme cases warrant, the reversal of transactions. The UPUA shall not be responsible for losses suffered by members for transaction reversals.
§§ 9.1.3 The Assembly may provide the President during the Fall and/or Spring with an account for disbursement at the President’s discretion, without approval of the Assembly. This account may not be used for funding items rejected by the Assembly. The books of the account shall be closed and monies returned to the general account at least once at the end of each academic year.
§§ 9.1.4 The Assembly may permit the establishment of sub-accounts with pre-approved purposes to the unrestricted account and may be assigned to an entity or subsidiary outside of the Assembly. Funds appropriately transferred to a sub-account by the Assembly may be disbursed for pre-approved purposes without action of the Assembly.
§§ 9.1.5 The Assembly, as an extension of its regulatory authority, shall be responsible to ensure that all entities and subsidiaries are appropriately funded for the execution of their mission through a budget. This implies due consideration to all funding requests by Departments and Associated groups.

§9.2 Dues-
§§ 9.2.1 Dues shall not be required for membership. This provision shall not invalidate the power to acquire student monies through University entities.

§9.3 Summer Term Funds-
§§ 9.3.1 The Assembly shall at the conclusion of each Spring Semester, establish a Summer Term fund. This fund shall include a portion spendable by the President. If no form of the Assembly is available, all funds shall be spendable by the President. The books of the account shall be closed on the day of Summer Graduation and all unspent funds shall be returned to the UPUA general account.

Article X - Elections and Terms of Office
§10.1 Application and Time for Elections-
§§ 10.1.1 Elections or appropriate democratically-based processes shall be applicable to Assembly Representatives and the Chief Officers of the Executive Board.
§§ 10.1.2 Annual student public elections shall occur on the Wednesday of the 12th Week of the Spring Semester.
§§ 10.1.3 The Representatives for students of first and second semester standing shall be appointed no later than the Thursday of the 5th academic week of the Fall Semester for the term of that Fall Semester and the Spring Semester of that academic year.

§10.2 Terms of Office-
§§ 10.2.1 Unless set forth elsewhere in this constitution. Terms of office shall be based on the term of seats, not terms of service of individuals. Seats for a given academic year running Summer to Spring shall begin on Monday of the 13th Week of the immediate preceding Spring Semester running for one year until the Sunday of the 12th Week of the academic year’s Spring Semester.

§10.3 Election Rules and Elections Commission-
§§ 10.3.1 All elected officials must be elected by an appropriate constituency defined by the Assembly.
§§ 10.3.2 Elections rules shall be established by the Assembly. The Assembly shall also establish policies for the filling of seats subject to other processes.
§§ 10.3.3 There shall be an Elections Commission to administer all election related matters throughout the year. It shall be governed by rules of the Assembly and managed by the Executive Board.
§§ 10.3.4 Candidates who qualify as winners shall be eligible to take office. Eligibility shall be extended to remaining election participants until an elected individual is seated.
§§ 10.3.5 All offices filled by election shall be elected popularly by student public vote except as contained herein:
cl. i Each seat for the Greek Councils recognized by the Penn State Office of Fraternity and Sorority Life shall be elected in a manner established by each council itself.
cl. ii The terms of office for these seats shall be no longer than one calendar year and determined by each Council.

§10.4 Appointment Process-
§§ 10.4.1 In cases where Representatives seats become vacant after the departure of a seat-holder for the academic year in question or was never filled, and only in such cases, Representatives shall be appointed with the following constraints:
cl. i Academic unit representatives being appointed by their respective Academic Unit Student Councils.
cl. ii On-Campus representatives being appointed by the Association of Residence Hall Students.
cl. iii All other representatives being appointed by the Assembly or as prescribed by the Assembly.

§10.5 Oath of Office-
§§ 10.5.1 Before any member of all entities within UPUA shall take office or their duly appointed position, they shall recite the following oath:
cl. i “I promise to faithfully uphold the Constitution of the University Park Undergraduate Association and to defend the rights of each individual student while working toward the betterment of student life. I shall perform, to the best of my ability, the responsibilities and duties that have been entrusted to me by the University Park undergraduate student body through virtue of the office which I hold”

Article XI - Member Discipline and Removal
§11.1 Discipline Policy-
§§ 11.1.1 Each entity may establish discipline policies for matters not covered by other sections.

§11.2 Censure-
§§ 11.2.1 The Assembly, by 2/3rds vote, may censure a member as the highest non-removal sanction imposable on any member.

§11.3 Removal-
cl. i Representatives, Chief Officers, Directors, and Board of Arbitration members of the UPUA may be removed by a 3/4 vote of present and voting members of the Assembly for failure to fulfill the duties of their office, violation of university policies, or other reasonable grounds.
cl. ii For proceedings on Members of the Board of Arbitration, the Vice President shall preside. If the Vice President is unable to preside, the Assembly shall elect a representative to preside.
cl. iii For proceedings on members of the Executive Board, the highest ranking member of the Board of Arbitration shall preside.
§§ 11.3.2 The provisions of removal shall not be construed to deny the President reasonable ability to remove any director or executive staff member of the Executive Board at his or her discretion.

§11.4 Resignation-
§§ 11.4.1 All members shall retain the right to resign from any position within the UPUA regardless of whether that member is the subject of disciplinary proceedings.
§§ 11.4.2 All resignations must be submitted in writing to the highest ranking officer of the entity or subsidiary from which the member wishes to resign. No entity or subsidiary may refuse a resignation; however, all resignations must be submitted to the Assembly for acceptance. Tendered resignations are irrevocable except by 2/3rds vote of the Assembly.
§§ 11.4.3 Accepted resignations shall be considered honorable discharge from service. Resignations not accepted shall be considered dishonorable discharge from service and shall permit the Assembly to take further disciplinary action upon the individual, with or without his or her presence or proclaimed affiliation, at the Assembly’s discretion.

Article XII - Parliamentary Authority
§12.1 Robert’s Rules of Order, Newly Revised, shall be used in all cases not covered by this constitution.

Article XIII - Advisor
§13.1 The UPUA shall retain a primary advisor and may obtain additional advisors for a specific purpose.
§13.2 The advisor(s) will be a Faculty, Staff, or administrator of the University and will be nominated by the President and consented to by the Assembly.
§13.3 The advisor(s) shall retain their title in perpetuity unless a majority vote by the Assembly suspends or removes the title(s).

Article XIV - Amendments
§14.1 Amendments to this Constitution may be brought, at any time, by the Assembly as an Act, subject to standard submission and perfection rules.

§14.2 The Assembly may pass the amendment with a three-quarters majority (3/4 ) of the entire membership.

§14.3 The Board of Arbitration must approve or reject all amendments passed within forty (40) calendar days but no sooner than twenty (20) calendar days to ensure fairness and equity is the proposed changes.
§§ 14.3.1 A majority of sitting Board of Arbitration members will be required to approve the amendment and decide the effective date before it is considered duly ratified.
cl. i If the Board of Arbitration fails to approve or reject the amendment it forfeits its obligation to review.
cl. ii These provisions do not apply to referendum-initiated Constitutional amendments.

Article XV - Referenda
§15.1 A referendum shall be defined as a vote of the undergraduate student body to decide an action of the UPUA.

§15.2 Referenda may be proposed either by:
§§ 15.2.1 An Act of the Assembly
§§ 15.2.2 A Petition of three percent (3%) of the full-time undergraduate population.

§15.3 Referenda shall be subject to approval of the Board for structure only and not for merit. However, dilatory referenda may be dismissed with five (5) Board members concurring.

§15.4 Approved referenda shall be at the discretion of the Assembly, considered urgent, and held within the academic semester or otherwise set for inclusion in the upcoming election.

§15.5 A majority of those voting, with at least fifteen percent (15%) of all eligible undergraduate students voting, shall be sufficient for a decision to be considered rendered and binding on the UPUA.

Article XVI - Old Constitutions
§16.1 All agreements made under prior constitutions with reason to be valid under this constitution shall be considered valid, upheld, and binding.

§16.2 In transition to organization under this constitution, entities extant under the old constitution shall have the power to establish initial rules and policies as appropriate.

Article XVII - Enactment and Protections
§17.1 Enactment-
§§ 17.1.1 This constitution shall be enacted following approval by the existing student government entity.

§17.2 Protections Against Dissolution-
§§ 17.2.1 This constitution shall be protected by the standards established herein for all entities and actions of the UPUA. Neither the UPUA nor any entity of the University may dissolve the organization as it stands in this document without surpassing the highest challenges this document establishes which may be determined as a combination or mix of one or more provisions. All attempts at subversion will not be tolerated and will be considered a direct assault on the ability of the student body to organize.