SGA Constitution
Article IX - Impeachment
Section I. Any elected or appointed position of the SGA may be placed under investigation for misfeasance, malfeasance, and/or nonfeasance.Section II. Such an investigation requires a petition signed by 1/3 of the voting membership of the Student Senate, to be presented to the Attorney General, or Vice-President in the event that the Attorney General is under investigation.
Section III. The Chief Justice, the Prime Justice, and the Attorney General shall jointly recommend three voting members of the Student Senate who have not signed the petition for investigation to serve as an Investigation Committee, and to be approved by the Student Senate. They may make further recommendations should any of the three fail to be approved. The Investigation Committee shall be headed by the Attorney General and inquire into the specific charges as they see fit. If the persons under investigation are any combination of the Chief Justice, Prime Justice, or Attorney General, their positions shall be filled by the Vice-President and the Public Defender respectively.
Section IV. Within two regular meetings, the Investigation Committee shall report back to the Student Senate with one of two recommendations: no infraction or impeachment on the specific charges set forth in the petition. Before any recommendation can be presented or discussed, the Student Senate shall go into closed session as outlined in the Bylaws of the SGA. In the event of an impeachment recommendation, specific counts and charges should be available.
Section V. The Student Senate shall discuss the charges, with details being presented by the head of the Investigation Committee, and hold a simple majority vote on the Investigation Committee’s recommendation with the result being:
A. A recommendation of no infraction may be accepted which would end the process, or rejected in which case it would proceed as an impeachment to the Student Supreme Hearing Board.
B. A recommendation of impeachment may be accepted, in which case it would proceed to the Student Supreme Hearing Board, or if rejected, which would end the process.
Section VI. The Student Supreme Hearing Board shall conduct a hearing on cases sent to it by the Student Senate within 3 weeks and the same semester of the recommendation using the following guidelines:
A. The attorney General, or their substitute, will present the case against the accused.
B. The accused will be allowed to present their case.
C. Conviction of the accused will require 2/3 of those justices voting within the Student Supreme Hearing Board.
D. In the event of a vote for conviction, the Student Supreme Hearing Board will determine sanctions by a simple majority.
Section VII. The Student Senate shall hold the right to overturn or return an impeachment case to the Student Supreme Hearing Board for further consideration. To do so shall require a 90% affirmative vote by the voting members of the Student Senate eligible at the time of the vote who are not involved in the impeachment process.
Section VIII. There shall be no mode of appeal beyond the Student Senate in impeachment cases.
Section IX. In the event that those being impeached are members of the Judicial Branch, a special meeting of the Student Senate shall be called, within three weeks and the same semester of the recommendation, with all voting members eligible at the time of the vote holding one vote in the decision. The process would be as follows:
A. The Attorney General, or their substitute, will present the case against the accused.
B. The accused will be allowed to present their case.
C. Any member of the Student Senate may question any person presenting information in the impeachment hearing.
D. Conviction of the accused will require a 2/3 majority vote of the Student Senate members choosing to vote.
E. In the event of a vote for conviction, the impeached member shall be terminated from their position and any associated duties, responsibilities and compensation.
Section X. In the event that a person is impeached and removed from office, that person may serve in no position within the SGA higher than that of organizational representative for the duration of their enrollment at Concord.