Article V: Impeachment and Recall
Section I. Impeachment. –
(a) Persons who may be impeached: All members of the Student Government Association may be subject to the penalty of impeachment.
(b) Impeachable Offenses: Any direct violation or disregard of any part of this Constitution or By-Laws, and/or gross misconduct unbecoming of a Student Leader at Seton Hall University, shall be considered just cause for impeachment.
(c) Procedure: The impeachment process shall proceed according to the following guidelines:
(1) Any member of the student body or SGA officer may request an investigation of a member of the Student Government Association for impeachment.
(2) With any such request, a petition with signatures with at least 1/5 of the Senate, must be presented to the Speaker of the SGA Senate.
(3) Upon the presentation of a petition for impeachment to the Speaker, all evidence supporting the impeachment charges must be submitted, along with a list of any and all witnesses that will, or might, be called upon to testify in the impeachment hearing.
(4) The Judicial Committee shall then be responsible for investigating all impeachment charges for proper just cause, and verifying the charges’ constitutionality before the Speaker takes action on the said charges. The Speaker has the prerogative to sit in on the investigation of the Judicial Committee.
(5) When and if the Judicial Committee provides its approval to the charges, The Senate of the Student Government Association shall be ready to hold impeachment hearings.
(6) A conviction shall consist of a 2/3 affirmative vote of all Senators present and voting.
(7) If an impeached Student Government Association member receives a conviction, the individual shall be removed from office and relieved of all SGA-related duties immediately.
Section II. Recall. –
(a) Persons who may be Recalled: All members of the Student Government Association may be recalled.
(b) Procedure: The recall process shall proceed according to the following guidelines:
(1) Any constituency shall have the power to recall any Student Government Association officer representing that constituency by means of petition.
(2) A petition to recall an SGA officer must contain the signatures of twenty percent of the students of that officer’s constituency. A completed petition must be delivered to the Speaker of the Senate.
(3) The SGA advisor shall then be responsible for authenticating the recall petition.
(4) Upon verification of the petition, the Elections Committee shall hold a recall election within one month.
(5) The recalled officer shall automatically be considered a candidate in the election unless that officer chooses not to run. The recalled officer shall remain in office until the election results are officially announced.
(6) If defeated in the recall election, the officer will be replaced by the victor immediately.
