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Governing Documents

 

Francis Marion University STUDENT GOVERNMENT ASSOCIATION CONSTITUTION

 

PREAMBLE

In order to form a more effective student body government; encourage a code of good citizenship in our student body and the assumption of responsibility by the student body in areas affecting the general welfare of the student populace; and to support, coordinate, and expedite policies, projects, and programs of interest and purpose to the student body; and to protect and defend the equal rights of all students of this institution and of the university community, THEREFORE, WE, THE STUDENTS OF FRANCIS MARION UNIVERSITY do hereby establish and ordain this Constitution for the STUDENT GOVERNMENT ASSOCIATION of FRANCIS MARION UNIVERSITY, in Florence, which is in the State of South Carolina of the United States of America.

 

ARTICLE 1: DESCRIPTION

SECTION 1: FRANCHISE The Student Government Association, hereafter referred to as the SGA, shall represent the student body of Francis Marion University in all areas of student government. Upon enrollment at Francis Marion University, all students registered at the University who have paid all necessary financial fees so designated by the Administration of the University, shall become members of the SGA and shall be entitled to vote in all special and general SGA elections, and any other special or general student body election held on the campus of the University. SECTION 2: JURISDICTION All students registered at Francis Marion University, and all student organizations of the University, as charted through the SGA, shall be subject to this Constitution, and to any and all legislation, rules, and regulations passed in accordance with this Constitution by the Legislative Branch of the SGA. SECTION 3: RESPONSIBILITIES The SGA shall represent and be the governing agency within the student body of the University and shall assume the responsibility of supporting, coordinating, and expediting programs, projects, and policies necessary and proper for the welfare of the student body of the university as so designated by the Constitution.

SECTION 4: GOVERNMENT BRANCHES The SGA shall be composed of three (3) interacting governmental branches, which shall check and balance the powers of the other: a Legislative, an Executive, and a Judicial.

ARTICLE II: LEGISLATIVE

SECTION 1: AUTHORITY, MEMBERSHIP, OFFICERS, VACANCIES

 

A. All legislative authority of the SGA shall be posted in a SENATE, which shall be composed of twenty-five (25) students. Twenty (20) Senate seats shall be reserved for upperclassmen to be elected in the Spring of each academic year by the total student body. The remaining five (5) Senate seats shall be reserved for students from the incoming freshman class to be elected by the total student body during the Fall semester of each year. Two (2) of the twenty (20) “upper class” Senate seats shall be reserved for graduate students. Two of the twenty (20) “upper class” Senate seats shall be reserved for part-time students.

 

B. The Vice President of the SGA shall be President of the Senate and shall have no vote unless the membership of the Senate is equally divided on a vote of the body.

 

C. The Senate shall elect by majority vote a President Pro-Tempore from its membership who shall preside over the Senate in the absence of the Vice President of the SGA or when he/she shall exercise the Office of the President of the SGA.

 

D. The Secretary of the SGA shall be the Clerk of the Senate and shall have no vote. He/she shall keep and record all proceedings of the Senate. In the event that the Secretary of the SGA is unable to act in this capacity, the President of the Senate shall appoint a Recording Clerk of the Senate to fulfill such obligation.

 

E. Other officers of the Senate shall be Parliamentarian, Sergeant-At-Arms, and a chaplain of the Senate to be appointed by the President of the Senate and approved by a majority vote of the Senate. Such officers may be elected members of the Senate.

 

F. In the event that a Senate seat shall be vacated between regular Fall and Spring SGA elections, the membership of the shall select from those petitioning individuals fill such vacancies. Should a vacancy of a Senate seat occur following the SGA Spring election, but preceding the SGA Fall election, such vacancies shall be filled during the SGA Fall election.

 

SECTION 2: DUTIES AND POWERS OF THE SENATE

 

A. The Senate shall pass and adopt any and all legislation, rules, and regulations necessary and proper for the fulfillment of the responsibilities of the SGA, with the approval of the President of the University’s signature.

 

B. The Senate shall approve or reject by a two-thirds (2/3) majority vote, all appointments made by the President of the SGA to positions and committees within the Executive branch and within the SGA, and to all student-faculty

 

committees of the University. The same vote shall be required to approve the dismissal of any such appointment as issued by the President of the SGA.

 

C. The Senate shall override the veto of the President of the SGA by a three-fourths (3/4) majority vote of its membership on any legislation which the President may deem unfavorable.

 

D. The Senate shall establish a standard of procedures for the operations of the SGA, which shall be entitled The SGA Code of Laws. This Code of Laws shall be updated semi-annually by the Secretary of the SGA. Such update shall result in the inclusion of all legislation passed during the interim.

 

E. The Senate shall approve or reject, by a vote of a majority of its membership, the annual Budget of the SGA as proposed by the President of the SGA each academic year. Such a budget shall be proposed to the Senate by no later than the third (3rd) week in September of each academic year. The Senate shall also approve or reject, by a majority vote, any disbursements of SGA funds as proposed by any act of legislation. Any governmental branch, institution, committee, or official of the SGA shall not exceed their established monetary amounts. These amounts shall be determined by a standard adopted by the Senate.

 

F. The Senate shall establish standing committees and approve or reject, by a majority vote, any appointments to these as made by the President of the Senate.

 

G. The Senate shall approve arrangements for conducting any and all SGA elections and for holding referenda on significant issues by the student body of the University. The organization, operation, and ballot counting for all elections and referenda shall be carried out by an Election Commission. This commission shall consist of five (5) members appointed by the President of the Senate and approved by the Senate. The members of the commission may not be candidates for office in any election while they are members of the commission. The Senate, by a majority vote, shall also confirm the results of any said elections.

 

H. The Senate shall be formally introduced to all student organizations requesting to be recognized as a charted student organization or special-interest group. The introduction will be for informational purposes only, during a regularly scheduled Senate meeting. Once formally introduced, the SGA President will sign the charter request form.

 

SECTION 3: IMPEACHMENT PROCEEDINGS AND REMOVAL FROM OFFICE

 

A. Any and all elected and appointed officials and officers of the SGA, and any agency thereof, may be impeached and thereby removed from any such office or position of honor, trust, or responsibility, if found guilty of negligence in the performance of duties, blatant misconduct, any action which subject him/her to disciplinary action by the University or any agency thereof, bribery, fraud, or upon conviction of any misdemeanor or felony against any local, state, or federal law.

 

B. The Senate shall have the sole power of trial and impeachment of any official or officer, elected or appointed, of the SGA and any agency thereof.

 

C. A two-thirds (2/3) majority vote of the Senate shall be required to hear a trial after a proper investigation has been conducted by the Senate, into charges levied against an SGA official or officer.

 

D. When sitting for this purpose, the President of the SGA shall preside over the trial. When the President of the SGA is tried, the Chief Justice of the Judicial Council shall preside.

 

E. No elected or appointed official or officer of the SGA or any agency thereof shall be convicted without the concurrence of a two-thirds (2/3) majority vote of the Senate membership.

 

F. Judgment in cases of impeachment shall not extend further than removal from the office and disqualification to hold any office, elective or appointive, within the SGA. However, the convicted party shall, nevertheless, be liable and subject to any and all regulations of the University, and to all local, state, and federal laws.

 

G. Any and all officials and officers of the SGA of either governmental branch shall automatically have their offices and positions vacated for failure to maintain the required grade point average of that office or position, as so determined by procedures for the operations of the SGA, as adopted by the Senate.

 

SECTION 4: MEETINGS

 

A. The Senate shall meet at least twice each month of the academic year in regular session. Should circumstances arise wherein it would prohibit the conducting of two (2) sessions of the Senate for a given month, the Senate may elect to forego one (1) meeting as determined by a two-thirds (2/3) majority vote of the body.

 

B. The Senate may procure speakers to appear before the body from time to as so determined by a majority vote of the body.

 

C. The President of the SGA may call the Senate into a special session whenever he/she may deem such action appropriate and necessary. At such time the President of the Senate shall retain the right to preside over such session. The President of the SGA shall notify the membership of the Senate in writing at least twelve (12) hours prior to the convening of such a session, stating the reason for such a special session of the Senate.

 

D. All meetings of the Senate shall be open to the student body, faculty, and administration of the University, unless otherwise determined by a two-thirds (2/3) majority vote of the Senate or at the discretion of the President of the Senate with a majority vote of approval from the membership of the Senate.

 

E. Members of the Senate, shall be given written notice of the Senate sessions at least ten (10) days prior to regular sessions stating the date, time, and place of the session by the clerk of the Senate, unless urgency prevents such written notice.

 

SECTION 5: PROHIBITION UPON SENATORS

 

A. A Senator shall automatically have his/her seat vacated if he/she should miss more than two (2) sessions of the Senate per semester, without proper approval as determined by the President of the Senate, or if he/she fail to maintain the

 

required grade point average of that office as so determined by a standard for the operations of the SGA, as adopted by the Senate.

 

B. A Senator shall hold no other elected or appointed office or position within the Executive or Judicial branches of the SGA, excluding appointments to special committees within and of the SGA, that may at times be created for defined purposes for a specific, limited time.

 

C. A Senator shall be a student of the University.

 

SECTION 6: ORGANIZATION AND RULES OF THE SENATE

 

A. The Senate shall establish for the whole SGA, a standard of procedures for the operations of the SGA in The SGA Code of Laws.

 

B. The Senate shall establish for itself all rules and regulations of the body which shall determine the rule of its proceedings, punish its members for disorderly behavior or misconduct, expel a member from the body with the concurrence of a two-thirds (2/3) majority vote, establish a quorum for meetings, and shall keep a record of its proceedings with the Clerk of the Senate.

 

SECTION 7: OATH OF OFFICE

 

A. Before he/she may assume office and the duties, powers, and privileges of membership in and of the Senate, a newly elected Senator shall receive the following affirmation within thirty (30) days of his/her election. “I do solemnly swear or affirm that I will faithfully uphold the duties and office of membership into the Senate of the Student Government Association of Francis Marion University to which I have been entrusted by my fellow students. In all my actions as a member of this body, I shall uphold the constitution of the Student Government Association and represent my constituency with fairness and concern during my tenure in the Senate.”

 

B. Oaths of Office to newly elected members of the Senate shall be administered by the President of the Senate.

 

ARTICLE III: EXECUTIVE

SECTION 1: EXECUTIVE AUTHORITY AND TERM

The Executive Authority of the SGA shall be vested in an Executive Council, which shall consist of the following: President, Vice President, Secretary, and Treasurer. These “Executive Officers of the SGA” shall hold office for the term of one (1) year. This year shall consist of the period beginning with the date and time of swearing in and end at the date and time at which a successor is sworn in and/or 365 calendar days. An Executive Officer of the SGA may be re-elected to his/her office, but may serve no more than two (2) terms.

 

SECTION 2: QUALIFICATIONS

 

A. The Executive Officers of the SGA shall meet the regulations and qualifications for office as determined for the operation of the SGA as adopted by the Senate. They must meet these qualifications as a candidate for their respective offices and continue to meet these qualifications throughout their terms of office. The Executive Officers are further prohibited from holding any other SGA position or office, appointed or elected, nor shall they hold an elected office of any chartered student organization of the University. The Executive Officers are prohibited from seeking or holding their office if under academic disciplinary penalty, as imposed by the University.

 

B. Should an Executive Officer fail to meet at least one qualification for office, he/she shall be removed from office and the office shall be declared vacant. Should the President be removed, the Vice President at said time shall become Acting president of the SGA, until such time as the Senate shall confirm his/her assumption of the duties and powers of the President and declare him/her President. He/she shall then nominate a new Vice President of the SGA, who shall take office upon a majority vote of approval by the Senate.

 

SECTION 3: THE PRESIDENT OF THE SGA

 

A. DUTIES AND POWERS

 

1. The President shall act as the presiding officer of the SGA.

 

2. The President shall act as the official representative of the Executive Council and Chief Executive of the SGA.

 

3. The President shall call and preside over meetings of the Executive Council and all student government assemblies.

 

4. The President may propose legislation to the Senate for debate and action.

 

5. The President may veto any Senate legislation within a ten (10) day period, or no later than Reading Day of the Spring semester, which he/she may deem unfavorable.

 

6. The President shall submit to the Judicial Council cases of individual, or collective misconduct and/or conflict between SGA institutions or within SGA governmental branches, or of matters pertaining to campus organizations chartered through the SGA, or any other possible combination therefore mentioned, whether it be an individual or a collective group.

 

7. The President shall nominate for approval by the Senate, Justices to the Judicial Council to fill any and all unexpired terms created by vacancies and to fill all vacant Judicial Council seats arising out of the expiration of terms.

 

8. The President shall propose to the Senate, for adoption for the operation of the SGA, a budget for the SGA for the academic year.

 

9. The President shall nominate students, for approval by the Senate and confirmation by the President of the University, to serve on the University’s student-faculty committees.

 

10. The President may form necessary standing and temporary committees and commissions with approval of the Senate.

 

11. The President may remove members and chairpersons of committees and commissions with approval of the Senate.

 

12. The President shall address the Legislative and Judicial branches of the SGA in joint session during the first session of the Senate, in the month of January of each academic year to deliver a State of the SGA report to that date.

 

13. The President may call the Senate into special, emergency session should he/she deem such action as necessary and appropriate to take specific action on a certain issue, or issues incumbent upon the SGA or the student body, provided that proper notice has been issued to the membership of the Senate.

 

 

B. SUCCESSION TO THE PRESIDENCY

 

 

1. In case of the removal of the President of the SGA from office, or of his/her resignation, death, or inability to discharge the duties and powers of the office; the Vice President of the SGA shall become Acting President and shall officially assume the duties and powers of the President upon confirmation by the Senate who shall declare him/her President. He/she shall then nominate a new Vice President of the SGA who shall take his/her office upon approval by the Senate. In the case of the removal, resignation, death, or inability of the President and Vice President of the SGA, the President Pro-Tempore of the Senate shall become Acting President and shall adhere to the aforementioned, prescribed procedure. Special elections by the student body for the Executive offices vacated shall be called by the Senate in a majority vote should the President Pro-Tempore of the Senate be unable to exercise the prescribed duties.

 

2. In the event that prior to his/her entering into office, the President Elect is unable for any reason to be installed as President; the Vice President Elect shall become President Elect and shall be sworn in as President of the SGA on the designated installation date and time. After he/she shall enter into the office of President in such manner, he/she shall nominate a new Vice President of the SGA who shall take office upon confirmation approval by the Senate. In the event that both the President Elect and Vice President Elect, prior to entering into office, are unable for any reason to be installed as President and Vice President of the SGA; new elections by the student body for these offices shall be conducted immediately as determined by the Senate, and the new President Elect and Vice President Elect of the SGA shall take their respective offices upon confirmation of the election results by the Senate.

 

C: PRESIDENTIAL OATH OF OFFICE

Before he/she may enter on the execution of the office of President of the SGA, he/she shall take the following oath as administered by the Chief Justice of the SGA, or a fellow Associate Justice: “I, (name), do solemnly

swear that I will faithfully execute the Office of President of the Student Government Association of Francis Marion University and that I shall uphold, protect, and defend to the best of my ability the Constitution of the Student Government Association, and that I shall exercise the duties and powers of the Office of the President with utmost integrity and equity, So Help Me, God.” SECTION 4: THE VICE PRESIDENT OF THE SGA A. DUTIES, POWERS, AND OATH OF OFFICE

 

1. The Vice President of the SGA shall assume the duties of the President, in the absence of the President or in the case of his/her inability to perform the duties as President as determined by a four-fifths (4/5) vote of the Senate.

 

B. The Vice President shall serve as President of the Senate.

 

C. The Vice President shall appoint standing Senate committee chairpersons upon approval of the Senate, and the membership thereof upon approval of the Senate.

 

D. The Vice President may form temporary and ad hoc committees of the Senate and appoint the membership and chairpersons thereof upon approval of the Senate.

 

E. The Vice President shall appoint a Recording Senate Clerk for the Senate in the absence of the Clerk of the Senate.

 

F. The Vice President shall appoint all other officers of the Senate.

 

G. Before he/she may enter on the execution of the office as Vice President of the SGA, he/she shall take the following oath as administered by a Justice of the Judicial Council: “I, (name), solemnly swear that I will execute the Office of Vice President of the Student Government Association of Francis Marion University to the utmost of my ability, and that I shall act in the best interests of the students of this institution, and shall uphold the Constitution of the Student Government Association, So Help Me, God.”

 

SECTION 5: THE SECRETARY OF THE SGA

 

A. DUTIES, POWERS AND OATH OF OFFICE

 

1. The Secretary of the SGA shall be responsible for the recording, documentation, and maintenance of all minutes, reports, and records of the Executive, Legislative, and Judicial governmental branches of the SGA, any and all committees, commissions, or agencies thereof. 2. The Secretary shall ensure that all SGA actions are fully publicized.

3. The Secretary of the SGA shall be responsible for completing a semi-annual updating of the “Code of Laws” of the SGA so that

any new legislation shall be included and repealed legislation removed. 4. The Secretary of the SGA shall maintain a current copy of the SGA Constitution as amended. 5. Before he/she may enter on the execution of the office as Secretary of the SGA, he/she shall take the following oath as administered by an associate justice of the Judicial Council of the SGA: “I, (name), do solemnly swear that I will faithfully and accurately perform the duties of my office as Secretary of the Student Government Association to the best of my ability, So Help Me, God.” SECTION 6: THE TREASURER OF THE SGA

 

A. DUTIES AND POWERS

 

1. The Treasurer shall be responsible for the financial transactions of the SGA and records of such

 

2. The Treasurer shall in cooperation with the President of the SGA, prepare the annual budget of the SGA. This shall occur by no later than September 30, of each calendar year.

 

3. The Treasurer shall receive any requests for funds from the SGA by registered student organizations and shall present such requests to the Executive Council and SGA advisor for review. After review, the Treasurer shall present to the Senate such proposals, as revised if appropriate, for review and approval at the pleasure of the Senate.

 

4. Before he/she may enter on the execution of the office as Treasurer of the SGA, he/she shall take the following oath as administered by an associate justice of the Judicial Council of the SGA: “I, (name), do solemnly swear that I will faithfully and accurately perform the duties of my office as Treasurer of the Student Government Association to the best of my ability, So Help Me, God.”

 

ARTICLE IV: JUDICIAL

SECTION 1: MEMBERSHIP AND TENURE

 

A. The Judicial Branch of the SGA shall consist of a Judicial Council and whatever inferior Judicial bodies may become necessary and later be created by a four-fifths (4/5) vote of the Senate.

 

B. The Honor Council, while not a formal branch of the SGA, shall be considered a part of the Judicial system of the University.

 

C. The Judicial Council shall be composed of five (5) Justices who are appointed by the President of the SGA, and approved by a vote of two-thirds (2/3) of the membership of the Senate of the SGA, who are present at a meeting at which these appointments are presented.

 

D. Student members of the Honor Council and any other inferior Judicial bodies hereafter created shall be selected, approved and tenured in like manner.

 

E. Justices’ shall serve a term of two (2) years from the date and time they shall enter into office and shall, before appointment and during their term, maintain a grade point average as required by procedures for the operations of the SGA as adopted by the Senate.

 

SECTION 2: THE CHIEF JUSTICE AND OTHER JUSTICES

 

A. The Chief Justice shall be selected by a majority vote of the members of the Judicial Council at the first meeting of the Judicial Council, after the positions become available.

 

B. The term of the Chief Justice shall expire at the completion of the tenure of the chosen Justices and/or when the Chief Justice resigns or leaves the University.

 

C. The Chief Justices shall have no superior powers over the other Justices, other than presiding over all sessions of the Judicial Council, presenting all decisions, rendered by the body, presiding over the impeachment trial of the Executive or Legislative branches of the SGA, and the preparation and arrangement for all meetings of the Judicial Council.

 

SECTION 3: JUSTICES GENERALLY

 

A. Justices shall sit on cases as designated elsewhere in this Constitution, on cases designated within the SGA Code of Laws, and in other cases as determined by the University as a necessary part of the University Judicial System.

 

B. Justices may issue reports, make statements, and suggest revisions to the University Judicial System.

 

C. Justices are bound by rules of confidentiality and by state and federal laws regarding the privacy of students judicial records.

 

D. Justices shall attend all training necessary for the proper conduct of their duties.

 

SECTION 4: THE JUDICIAL PROCESS

 

A. The University has delegated to the SGA and its Judicial Council the authority to hear cases of alleged violations of the University Code of Student Conduct. This process shall be carried out in the manner, which is described within the Rights and Responsibilities section of the FMU Student Handbook and be consistent with due process as designated by the Fifth and Fourteenth Amendments of the United States Constitution.

 

B. Cases may be heard by a Board of the Judicial Council consisting of no less than three (3) Justices. Decisions shall be made by majority vote.

 

C. Cases of alleged violation of the Code of Student Conduct by individual students, and/or registered student organizations shall be brought to the Judicial Council by the Assistant Vice President for Student Development and Student Life or his/her designee.

 

D. The Assistant Vice President for Student Development and Student Life or his/her designee shall act as Clerk of the Judicial Council.

SECTION 5: POWERS AND DUTIES

 

A. The Judicial Council shall have jurisdiction to hear and decide all cases of alleged violation of the Code of Student conduct of FMU as designated in the Student Handbook and other appropriate University documents.

 

B. The Judicial Council shall have jurisdiction to hear and decide all matters pertaining to the interpretation of this Constitution and all other laws, resolutions or regulations, passed and adopted by either the Legislative or Executive branches of the SGA. Their decisions on such matters are final and shall be made by majority vote.

 

C. The Judicial Council may override any action of the SGA in which a violation of this Constitution has occurred. Such a vote shall require a four-fifths (4/5) vote of the Justices.

 

D. In cases of alleged violations of this Constitution, the Judicial Council shall, by a two-fifths (2/5) vote, determine if the case falls within the jurisdiction of the Judicial Council.

 

E. The Judicial Council shall present, to the Executive Council and SGA Senate, a written opinion as to the interpretation of this Constitution and/or alleged Constitutional violations by the SGA which the Judicial Council has voted to override. Copies of such opinions shall also be presented to the Vice President for Academic Services and Student Development and the President of the University.

 

F. Records of all proceedings of the Judicial Council shall be maintained by the Secretary of the SGA in all cases except those dealing with individual and/or organizational violations of the Code of Student Conduct. These latter records, shall be maintained by the Assistant Vice President for Student Development and Student Life or his designee.

 

SECTION 6: JUDICIAL SESSIONS

 

A. In cases of alleged violation of the Code of Student Conduct, a minimum of three (3) Justices must be present to hear the case unless the accused student gives permission for the case to be heard by two (2) Justices. In no case shall a hearing be held with less than two (2) Justices.

 

B. In the absence of the Chief Justice, any other Justice may serve as the presiding officer.

 

C. All hearings of alleged violation of the Code of Student Conduct shall be closed unless opened by procedures described in the FMU Student Handbook.

 

D. All cases related to the interpretation of this Constitution or alleged violations of the Constitution by the Executive or Legislative Branch will be open.

 

E. All deliberations in all cases will be closed.

 

SECTION 7: VACANCIES

 

A. If, at any time, a Justice shall vacate his/her seat due to resignation, impeachment, death, or inability to perform his/her duties and powers as may be determined by a

 

four-fifths (4/5) vote of the Senate, the President of the SGA shall appoint a Justice to fill the unexpired term, with the approval of a two-thirds (2/3) vote of the Senate.

 

SECTION 8: OATH OF OFFICE Before he/she shall enter into the office of Justice on the Judicial Council, a Justice shall make the following affirmation as administered by a fellow Associate Justice of the Judicial Council as selected by the President of the SGA: “I do solemnly swear that I will uphold my responsibilities and duties as a Justice to the Judicial Council of the Student Government Association of Francis Marion University, and shall to the very best of my ability in all my actions, deliberations, and decisions as a member of this most high body preserve, protect, and defend the Constitution of the Student Government and its principles in my deliberations, and interpretations of such, So Help Me, God.”

 

ARTICLE V: AMENDMENTS

SECTION 1: AMENDMENTS TO THIS CONSTITUTION MAY BE PROPOSED IN TWO WAYS

 

A. An amendment may be proposed by a two-thirds (2/3) majority vote of the Senate.

 

B. An amendment may be proposed by submission of a petition signed by one-fifth (1/5) of the student body. This number shall consist of a number, as determined by the Registrar of the University, which is one-fifth (1/5) of the full-time equivalent students registered during a fall or spring term.

 

SECTION 2: RATIFICATIONS OF AMENDMENTS MAY BE MADE IN THREE WAYS

 

A. Amendments which are proposed by a two-thirds (2/3) majority vote may be ratified by:

 

1. A four-fifths (4/5) majority vote of the Senate. The amendment shall become effective upon approval of both the President of the SGA and the President of the University.

 

2. A unanimous vote of the Senate. The amendment shall become effective upon approval by the President of the University.

 

Last Published: December 15, 2008 2:59 PM
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