The Constitution of the Associated Students of Harvey Mudd College

Article I: The Associated Students of Harvey Mudd College

Name
1. This organization shall be known as the Associated Students of Harvey Mudd College, which is officially designated by the initials ASHMC.
Membership
1. All registered students of Harvey Mudd College shall be members of ASHMC.
2. Students on an official leave of absence may petition to remain members of ASHMC following the rules laid out in the Bylaws.
Procedure
1. Except for circumstances that require privacy, all members of ASHMC have the right to attend any and all official meetings of the ASHMC Senate and the Executive Board.
2. The ASHMC Senate will maintain a set of bylaws, and the ASHMC Executive Board shall maintain a set ofpolicies, supplementing the Constitution. A brief version of this constitution will be maintained along with thisdocument. The order of precedence of these regulations shall be: Annotated Constitution, Bylaws, Policy. TheHonor Board will maintain a set of policies for Judiciary and Disciplinary procedures.

Article II: ASHMC Compliance Policy

ASHMC will not:
1. Attempt to influence legislation or participate to any extent in a political campaign for or against any candidate for public office
2. Operate for the benefit of private interests
3. Discriminate against anyone on the basis of race, sex, gender identity, gender expression, sexual orientation, age, marital status, disability, national origin, ethnic origin, prior military service, religion, creed, or political affiliation
4. Use dues collected by Harvey Mudd College to purchase regulated substances
5. Purchase publicly available products for the purpose of resale for profit

Article III: ASHMC Officer Policy

President and Senate Chair
1. The voting members of the Senate shall consist of a President from each dormitory and a President from each of the four classes. The non-voting members of the Senate will consist of the Senate Chair, who will chair the senate, and Treasurer.
2. The voting members of the Executive Board shall consist of the Senate Chair, Treasurer and other positions declared as such in the Bylaws. The ASHMC President will act as chair of the Executive Board, and is a non-voting member.
Treasurer
1. The President and Senate Chair shall appoint 1-2 Treasurers, with approval by a three-quarters majority of the Senate.
2. The Treasurer shall:
  1. Maintain a spreadsheet of all ASHMC budget allocations
  2. Collect and process all valid reimbursement requests for students using ASHMC funds
  3. Advises various ASHMC bodies on budget status and decisions
3. Treasurer Veto
  1. The Treasurer may veto allocations made by ASHMC if the allocation is greater than ASHMC’s unallocated funds or if paying the allocation would violate ASHMCs legal or contractual obligations.
  2. In the case where the President and Senate Chair deem the Treasurer’s performance to be unsatisfactory, they may remove the Treasurer from office, so long as the Senate approves with a simple majority.
Senate Offices
1. The Senate shall be chaired by the Senate Chair.
2. The voting members of the Senate shall consist of a Dorm President from each dormitory and a Class President from each of the four classes. Each constituency has one vote, regardless of the number of individuals sharing it.
3. The non-voting members of the Senate will consist of the Senate Chair, President, and Treasurer.
4. In the event of a tie, the Senate Chair gains a vote.
Executive Board Offices
1. The Executive Board shall be chaired by the President.
2. The voting members of the Executive Board shall consist of several Directors as specified in the Executive Policy. Each constituency has one vote, regardless of the number of individuals sharing it.
3. The non-voting members of the Executive Board will consist of the President, Senate Chair, and Treasurer.
4. In the event of a tie, the President gains a vote.
Holding an Office
1. The term of office for all ASHMC officers will expire when they resign, are recalled, or when their successor takes office, whichever comes first.
2. Officers who take a leave of absence or study abroad must forfeit their position during their absence from campus.
Office Eligibility and Restrictions
1. All elected officers, executive officers, and committees must be members of ASHMC.
2. The President, Senate Chair, Judiciary Board Chair, and Disciplinary Board Chair must be members of the Junior or Senior class in the year during which they will hold office.
3. The President, Senate Chair, Treasurer, Judiciary Board Chair, and Disciplinary Board Chair positions each must be held by one person (i.e. multiple people cannot share the constituency).
4. Class Presidents: Must be members of their class in the year during which they will hold office.
5. Dorm Presidents: A strict majority must reside in the dorm for which they are president, in the year during which they will hold office.
6. Students who are employed by the Division of Student Affairs as Dorm Proctors may not hold any ASHMC office.
7. Students who are employed by the Division of Student Affairs as Dorm Mentors may not hold the office of ASHMC President, Senate Chair, Dorm President, Social Director, Judiciary Board Chair, or Disciplinary Board Chair.
8. No more than two candidates may run on the same ticket for the office of Class President. No more than four candidates may run on the same ticket for the office of Dorm President.
9. No more than one person may run on the same ticket for the offices of ASHMC President, Senate Chair, Treasurer, Judiciary Board Chair or Disciplinary Board Chair.
10. The Senate may restrict students from holding both certain ASHMC offices and other positions on campus if they decide that there is a significant conflict of interest.
Vacancies
1. If there is a vacancy in the office of President, the Senate Chair will assume the duties of the President, without vacating their role as Senate Chair, until a new President is elected. An election for a new President will begin within a week of the vacancy.
2. If there is a vacancy in the office of the Senate Chair, the President will assume the duties of Senate Chair, without vacating their role as President, until a new Senate Chair is elected. An election for a new Senate Chair will begin within a week of the vacancy.
3. If there is a vacancy in the office of the Treasurer, the President will appoint, with a three-quarters majority of the Senate, a replacement within one week of the vacancy.
4. If there is a vacancy in the office of any other ASHMC elected office, the Senate will appoint a temporary replacement. An election for the vacated office will begin within one week of the vacancy.
Expectations of ASHMC Officers
1. All officers are expected to act in good faith when performing the duties of their offices.
Removal of ASHMC Officers
1. A Senate officer may be removed from office at the discretion of the Senate Chair and President with approval from three-quarters of the Senate.
2. An Executive Board officer may be removed from office at the discretion of the President and Senate Chair with approval from three-quarters of the Executive Board.
3. An officer may be removed from office as a part of an Honor Board sanction.
Stipends

Article IV: ASHMC Senate

The Senate has the authority to address all matters within ASHMC as it sees fit, keeping with the Constitution and Senate Bylaws.
The Senate must maintain the Senate Bylaws, a set of documents that detail and ensure the proper functioning of the Senate.
1. The Senate Bylaws may be changed with a three-quarters majority vote of the full Senate.
Campus Policy
1. The Senate has the power to propose new dormitory and campus policies, subject to approval by the Vice President of Student Affairs.
2. After approval by the Senate, the Vice President of Student Affairs is to be given a copy of the proposed policy. Upon approval, the policy shall go into effect immediately. Otherwise, the Dean must veto the proposal and state all objections in writing within ten days, excluding vacation periods. If this ten-day period passes with no response from the Vice President of Student Affairs, the policy shall go into effect immediately.
3. The role of ASHMC in setting campus policy, as defined in this section of this article, may only be changed with the approval of the Vice President of Student Affairs.
Budgeting
1. The Senate maintains all authority and responsibility for the allocation of ASHMC funds.
2. The Senate must hold a referendum for allocations that exceed four percent of the previous years total ASHMC budget, unless the ASHMC is legally bound to pay the allocation, or the allocation is specified in the Constitution. If Senate allocates money exceeding four percent to an item for which it wasn’t allocated in the previous year, the President must inform the student body within one week.
3. When allocating money, the Senate must designate who is responsible for ensuring the money is spent as allocated. This individual must be informed when the allocation is made, and the allocation may only be reduced if the individual agrees to the changed amount, or an Judiciary Board ruling finds the ruling was obtained under false premises.
4. The fee for ASHMC tax filing does not require annual re-approval. The allocation that each dormitory receives per member per semester, and the allocation that each class receives per member per semester, will be set by the Senate bylaws and do not require annual reapproval.

Article V: ASHMC Executive Board

The Executive Board must maintain the Executive Policy, a set of documents that detail and ensure the proper functioning of the Executive Board, its members, and executive officers or committees.
All executive officers and committees are responsible for the proper functioning of their offices, and must report to the Executive Board upon request.
The Executive Board appoints the Executive Appointment positions through a majority vote.
The Executive Board may create, change, or remove executive committees and offices.
The creation of any new voting positions on the Executive Board in ASHMC Executive Policy requires Senate approval with three-quarters majority.

Article VI: Elections

Elections for Dormitory Presidents must be held within two weeks of the end of room draw. Only dormitory affiliates for the next year and graduating seniors from the dormitory may be permitted to vote. The voting system must be approved by ASHMC Senate before the petition period begins. Students studying abroad or living off campus in the next year are affiliated with the last dorm in which they lived.
All other elections will be considered general elections.
1. The President, Senate Chair, JB Chair, DB Chair, and all voting members of the Executive Board must be elected by the whole student body. Class presidents must be elected by the members of their class.
2. All general elections will be conducted by the ASHMC Senate Chair. The Senate Chair will designate someone to run the election if the Senate Chair is running.
3. To run in a general election, a candidate must collect signatures from one tenth of their constituency. Seniors can sign as proxies for freshmen. Constituents may sign multiple petitions.
4. The petition period and voting period must each last a week.
Election Procedures
1. The timing of ASHMC Elections will be specified in the Senate Bylaws
2. All general elections shall be conducted by the ASHMC Senate Chair. The Senate Chair is responsible for checking vote validity. If the Senate Chair is running in an election, they must designate someone who is not running in the election to direct the election.
3. Each member of a constituency shall have one vote in that election. No other persons shall vote in ASHMC elections.
4. A week-long petition period shall be allotted.
5. A general election shall end at least one week after it begins.
6. All members of ASHMC must be notified at least 24 hours before the conclusion of an election.
7. All voting must be done by secret ballot.
8. Any initiative, referendum, or recall must receive a simple majority of the votes cast, excluding blank and illegal votes.
9. The election of any officer besides Dormitory Presidents must be in keeping with the voting method specified in the Bylaws.
10. The President and Senate Chair shall run together on the same ticket.
Petitions
1. Scope
  1. Members of ASHMC may start an initiative to require the Senate or Executive Board to undertake an action that is normally reserved for that body.
  2. The Senate and Executive Board may, by three-quarters vote of each body, decide to nullify an initiative, so long as the initiative would, if properly executed, cause negative legal consequences for ASHMC.
2. Petitions
  1. A member of ASHMC must collect signatures from one-tenth of the entire ASHMC membership to start an initiative.
  2. An election to vote on the initiative will start within one week of submission to the President or Senate Chair.
Referenda
1. Scope
  1. The Senate may start a referendum for any properly seconded motion. The results of the referendum will be used for the aforementioned motion.
1. Procedure
  1. The referendum election shall start within one week after the vote in the Senate.
Recalls
1. Petitions
  1. A member of ASHMC must collect signatures from one-tenth of the constituency of the elected ASHMC officer intended to be recalled. Petitions must be presented to the Executive Board.
  2. A recall may also be initiated by the Senate with a three-quarters vote. The petition again must be presented to the Executive Board.
2. Procedure
  1. A recall vote shall begin within one week of the presentation of the petition to the Executive Board.
  2. Only members of the constituency of the officer being recalled may vote in the recall. Each said member shall have one vote.
  3. Recalls shall not be conducted by any officer being recalled.

Article VII: Petitions, Referenda, and Recalls

Petitions
1. Members of ASHMC may start an initiative to require the Senate or Executive Board to undertake an action that is normally reserved for that body.
2. The Senate and Executive Board may, by three-quarters vote of each body, decide to nullify an initiative, so long as the initiative would, if properly executed, cause negative legal consequences for ASHMC.
3. A member of ASHMC must collect signatures from one-tenth of the entire ASHMC membership to start an initiative.
4. An election to vote on the initiative will start within one week of submission to the President and Senate Chair.

Referenda
1. The Senate may start a referendum for any properly seconded motion. The results of the referendum will be used for the aforementioned motion.
2. The referendum election shall start within one week after the vote in the Senate.
Recalls
1. Members of ASHMC may initiate a recall by collecting signatures from one-tenth of the constituency of the elected ASHMC officer intended to be recalled. Petitions must be presented to the President and Senate Chair. If the recall is for the President and/or Senate Chair, petitions must be presented to the Honor Board.
2. A recall may also be initiated by the Senate with a three-quarters vote, or by the Executive Board with a three-quarters vote.
3. A recall vote shall begin within one week of the submission of the petition.
4. Only members of the constituency of the officer being recalled may vote in the recall. Each said member shall have one vote.
5. Recalls shall not be conducted by any officer being recalled.
Any petition, referendum, or recall must receive a simple majority of the votes cast, excluding blank and illegal votes.

Article VIII: Clubs

Clubs
1. A club is defined as a chartered student organization that is founded by students not acting as Club Directors. To request funds from ASHMC, a club must have its charter approved by and on file with the Club Director.
2. Club Charters
  1. A charter informs ASHMC of a club’s purpose, method, and structure. The Club Director shall consider the club’s uniqueness, student support, efficiency, and likelihood of continuation when approving a charter.
  2. The charter for a club must include the following paragraph or a substitute suitable to the Club Director: “No member or officer of this ASHMC chartered organization shall be selected, dismissed, or discriminated against on the basis of race, sex, gender identity, gender expression, sexual orientation, age, marital status, disability, national origin, ethnic origin, prior military service, religion, creed, or political affiliation.” If an individual believes that either the actions of a club or the structure of their charter are in violation of the club’s non-discrimination clause, the individual may initiate a discrimination case. The procedure is as follows:
    1. A member of ASHMC brings the complaint to the Club Director.
    2. If the case involves individuals who were potentially discriminated against, the Club Director must get the individuals’ consent before proceeding.
    3. The Club Director informs the club leaders of the anonymous complaint and attempts to discuss the complaint.
    4. If the Club Director believes the complaint is valid, the Club Director brings the complaint to the JB chair, who determines whether or not the charter has been broken, then the JB brings this to the Senate.
    5. The Senate hears the case from the Club Director in an Executive Session meeting where individuals may be invited to speak.
    6. If the Senate decides, by a resolution, that discrimination occurred, the possible penalties may include but are not limited to
      1. A warning for a first offense.
      2. Withdrawal of all unspent club funding for a second or a serious offense.
      3. Revocation of club status for a second or serious offense.
    7. In the case where the Club Director is not available or has a conflict of interest the ASHMC President may act as Club Director for this procedure.
  3. No changes can be made to a charter without approval from the Club Director.
3. By obtaining Club Director approval, a club is eligible for ASHMC funding on the stipulation that the club fulfills the following requirements:
  1. Submit an electronic copy of their approved charter with the updated names of the club’s leadership for the upcoming academic year prior to the yearly budgeting meeting.
  2. Submit an electronic copy of their audit prior to the yearly budgeting meeting.
  3. Participate in every HMC Club fair.
  4. Carry out any requests from the ASHMC Senate or Executive Board.
  5. Be active.
4. Invalidation of a Club Charter
  1. In the case that an ASHMC club’s charter is invalidated, the club must have its charter approved by the ASHMC Senate once again before requesting funding.
  2. An already approved charter may become invalid if:
    1. The club shows no signs of activity for a period of two years. Appropriate signs of activities are the submission of a charter and either an audit (mandatory if the club received ASHMC funding) or a log briefly describing club activities and purchases every year prior to Spring Budgeting.
    2. No copies of the original charter can be found in ASHMC or the club’s records.
  3. Definition of an Active Club
    1. A club must have in-person meetings or events at least once per month.
    2. A club must spend at least 40% of its year-total budget each semester.
  4. Consequences of Inactivity
    1. If a club is deemed inactive in the fall semester, at the semester’s end, unspent funds are transferred back to ASHMC, and the club’s remaining budget is 0. The club’s charter remains valid until the academic year’s end.
    2. If a club is deemed inactive in the spring semester, funds remain allocated by default, but if ASHMC requires more funding, the Senate may vote to use funding from inactive clubs’ budgets.
  5. The ASHMC Senate reserves the right to review and/or revoke any club’s charter with a three-quarters majority, provided that officers of that club have had the opportunity to participate in the ASHMC Senate’s review.
5. If a club finds a requirement above not applicable to their club, the club president must submit a petition to the Club Director for approval.
6. Decisions made by the Club Director can be appealed to the Senate.

Article IX: Honor Board

The Honor Code
1. All members of ASHMC are responsible for maintaining their integrity and the integrity of the college community in all academic matters and in all affairs concerning the community.
2. The procedures for pursuing a Judiciary or Disciplinary Settlement will be specified in Honor Board policy and made public on the ASHMC website.
3. Any member of the Harvey Mudd College community who observes an Honor Code violation of an academic nature should encourage the party who violated the Honor Code to self-report, or report the violation to the Judiciary Board Chair.
The Disciplinary Code
1. All members of ASHMC are responsible for observing all non-academic college rules and regulations, including those related to college property.
2. Any member of the Harvey Mudd College community who observes an Honor Code violation of a disciplinary nature, or a violation of campus policies, should encourage the violating party to self-report, or report the violation to the Disciplinary Board Chair.

Article X: New Constitutions and Constitutional Amendments

New Constitutions or Constitutional Amendments will take precedence over this Constitution and any prior approved amendments.
1. A new Constitution must include the date at which it goes into effect.
The ASHMC Constitution may be amended with approval by a three-quarters majority of the Senate, three-quarters majority of the Executive Board, and a two-thirds majority of a quorum of three-fifths of the entire ASHMC membership.
Article IX of this Constitution dealing with the Honor Code and the Disciplinary Code at Harvey Mudd College can be changed only with the approval of the faculty and administration in a manner they see appropriate, and with the approval of ASHMC as outlined above.

Article XI Ratification

This Constitution will take effect starting March 4, 2025.