Eastern Illinois University - Student Government Constitution

Eastern Illinois University Student Government Constitution

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Student Body Constitution
Eastern Illinois University Student Government
Fall 2004
Revised 1 September 2004

PREAMBLE

We, the students of Eastern Illinois University, desiring to maintain academic freedom, academic responsibility, student rights, and to foster the recognition of the rights and responsibilities of students to the University and Community, do hereby ordain and establish this Constitution of the Student body of Eastern Illinois University. This Constitution shall supercede any Rules or Bylaws adopted by any student governing boards, except when in conflict with university, state, and federal policies.

ARTICLE I

A. Composition

The Student Government, which will consist of three branches, shall represent the student body: the Legislative, Executive, and Judicial.

ARTICLE II - Legislative Branch

A. Duties

The Legislative Branch shall consist of the Student Senate, hereafter referred to as the Senate. The main function of the Senate is to represent the Student Body of Eastern Illinois University and improve student life through the passage of bills and resolutions. The Senate shall designate rules and bylaws that it deems appropriate for the administration of the Legislative Branch, in accordance with Article IX: Rules and Bylaws Adoption

B. Composition

The Senate shall consist of thirty Student Senators representing three districts: On-Campus, Off-Campus, and At-Large. A Senator must be eligible in the district he or she represents throughout the full term of office, have a cumulative 2.25 GPA, and be a student in good disciplinary standing with the University. In the case of the on-campus and off-campus districts, a Senator need not live in the appropriate district until the second regular meeting. The Student Senate Bylaws in accordance with Article IX shall determine other eligibility requirements: Rules and Bylaws Adoption.

C. Meetings

Regular meetings of the Senate shall be held at least once per week during the fall and spring semesters, at the discretion of the Speaker of the Senate. Special Meetings shall be convened by the Student body President or the Speaker of the Student Senate in accordance with public law. A quorum shall be defined in the Student Senate bylaws in accordance with

D. Responsibilities

The Senate shall act as the representative voice of the Student Body. The Senate shall approve all student appointments, including appointments to student/faculty boards, committees, councils, the Student Supreme Court, University and Housing Judicial Boards, and University Board Chair all by two-thirds majority vote of the membership of the Senate. In addition, the Senate shall approve all Student Government Budgets by majority vote of the membership of the Senate. The Student Senate shall recommend passage or failure of all tuition and fee increase proposals. In the allocation of Student Activity Fees, the Senate shall determine the amount and usage of student fee money as well as approve or reject all budget recommendations made by the Apportionment Board by a majority vote. The Senate shall elect a Speaker a minimum of once per semester. The Speaker may attend all Executive meetings. The Speaker shall be a full-time student. The eligibility requirements and duties of the Student Senate Speaker shall be governed by Rules or Bylaws adopted in accordance with Article IX: Rules and Bylaws Adoption. The Speaker shall be responsible for maintaining the records of the Legislative Branch.

E. Removal

The Senate is empowered to remove any Student body Executive Officer, Student Supreme Court Justice, University Judicial Board member, University Board Chairperson, and University Board Vice Chairperson for violating the Student Body Constitution, the Rules, or the Bylaws of said body. Removal shall be by a two-thirds majority vote of the membership of the Senate. The Senate is also empowered to remove from office any student member on student/faculty boards and councils and Student Government agencies after recommendations by the chairperson of the organization or by the Student Body President. The party in question must be notified by registered United States Mail no less than 48 hours prior to the consideration of said removal by the Student Senate. Procedure for removal shall be defined in Rules or Bylaws in accordance with Article IX: Rules and Bylaws Adoption. The removed party may appeal to the Student Supreme Court, who may overturn the decision of the Senate only when the removal process is conducted in violation of section E.

F. Recall

Any elected official, including Student Body Executive Officers or Student Senators, shall be removed from office following a two thirds majority vote of those students voting in a recall referendum called at the demand of 5% of the student body. Procedure for a recall shall be defined in Rules or Bylaws in accordance with Article IX: Rules and Bylaws Adoption.

ARTICLE III - Executive Branch

A. Duties

The Executive Branch shall exercise administrative and managerial power over the programs and policies created by the Student Government. Executive Officers shall be required to attend all Student Government Meetings. An accumulation of three (3) absences per semester will be grounds for impeachment. Absences shall be defined as a failure to respond to the initial roll call within fifteen minutes or the Adjournment roll call.

B. Compensation

Executive officers may be compensated by an amount that shall not exceed the maximum full-time tuition costs. The Student Senate shall develop Rules or Bylaws in accordance with Article IX: Rules and Bylaw Adoption, that shall indicate the amount of the compensation, the procedures for compensation, the type of compensation, and the procedures for compensation in the case that an executive officer is removed and/or resigns from office. Changes in the amount of compensation shall not affect student body executive officers until the next regular election of student body executives.

C. Evaluation, Review, and Final Report For each executive position, an evaluation session shall be held three (3) weeks prior to the conclusion of the fall semester. The purpose of this session will be for administration, faculty, staff, and students to evaluate the performance of each executive board member and outline goals for the future. These sessions and all related materials shall be made open and available to the public. Each Executive shall submit a final report to Student Government archives.

D. Executive Branch Meetings and Rules of the Executive Branch

The Executive Branch shall meet at least twice per month at the discretion of the Student Body President. Meetings shall be presided over by the Student Body President. Executive Branch meetings shall be open in accordance with public law. The Executive Branch may not adopt rules unless a quorum of three (3) executives is present. The Executive Branch shall have to adopt rules deemed necessary or convenient for the execution of its business. Executive Rules shall be adopted in a senate bill form by a majority vote of the membership of the executive branch, pending approval by a majority of the membership of the Senate. The Senate may not amend the proposed rule. These Rules shall govern only the executive branch of the Student Government, unless otherwise specified in this Constitution. Rules adopted shall not conflict with the Student Body Constitution, University policy, or public law.

E. Composition

The Student Body President shall be the Chief Executive Officer of the Student Body. The other Student Body Executive Officers shall be the Student Body Vice President for Academic Affairs, Student Body Vice President for Business Affairs, Student Body Executive Vice President, and Student Body Vice President for Student Affairs. A Student Body Executive Officer must be a full-time student (12 semester hours for undergraduate students and 9 semester hours for graduate students for the entire spring and fall semester) have a cumulative 2.25 GPA, and be in good disciplinary standing with the University. The line of succession to the Presidency shall be defined as the following: Executive Vice President, Vice President for Academic Affairs, Vice President for Student Affairs, Vice President for Business Affairs, and Speaker of the Student Senate. In the event that a resignation or removal occurs in the office of student body president, his/her successor (the Executive Vice President) shall retain the position of student trustee. In the case of a vacancy in any Student Body Executive Office other than the Student Body President, the President shall fill said vacancy by appointment, subject to approval by a two-thirds majority vote of the membership of the Senate. This appointment will be temporary. If a vacancy occurs five weeks after the beginning of the spring semester, the President's appointment shall remain in office until the regular spring election. During the term of vacancy, a special election will be held to fill the remainder of the term. Procedures for conducting a special election shall be defined by the Senate.

F. Powers and Duties

STUDENT BODY PRESIDENT:

The Student Body President shall be the Chief Executive Officer of the Student Body and shall determine the general policy of the Executive Branch of Student Government by exercising administrative supervision of the branch's five areas: Office of the President, Academic Affairs Financial Affairs, Public Affairs, and Student Affairs. The President shall, in person or through an appointed representative, officially represent the Student Body at any function within or outside of the University. The President shall be responsible for organizing and filing information pertaining to the University and bearing relevance to present or future Student Government activities and act to make such records public. The President shall appoint Justices to the Student Supreme Court, the University Judicial Board, and the Student Elections Commissions. Further, the President may remove and Student Government appointed student chairperson or member from a student/faculty board or council, subject to approval by a two-thirds majority vote of the Senate. The President shall create an executive commission when deemed necessary, deliver the State of the University Address at least once per semester, deliver special addresses to the Senate when deemed necessary, make appointments to committees as requested by external bodies, and may call special meetings of the Senate for a specific purpose. In the form of an executive order, the Student Body President may make comments and/or recommendations on issues affecting students. Executive orders shall be recognized as being authorized solely through the Office of Student Body President. The President may veto any action taken by the Senate within the jurisdiction of Student Government except parliamentary procedure. A veto must be delivered by the meeting following the meeting where the vetoed action was passed by the Senate and is subject to reversal by a two-thirds majority vote of the Senators present. The President shall convene at least one Student Body Executive Officer meeting every thirty days. The public may attend this meeting. The President shall be responsible for meeting at least once a month with the faculty advisor to Student Government. The President shall be responsible for meeting at least twice a month with the University Vice President for Student Affairs, and once a month with the University President. The Student Body President shall be an ex-officio member of committees, boards, councils, and task forces within the University President’s area that function under shared governance policies.

STUDENT BODY EXECUTIVE VICE PRESIDENT:

The Student Body Executive Vice President shall be the Chief Public Affairs Officer of the Student Body and shall assist the President in determining the general policy of the Public Affairs Area. Moreover, these powers shall be supplemented with authority to assist the President in the formulation and execution of Executive Branch policies and ex-officio membership on all executive commissions. The Executive Vice President shall be the Student Trustee to the Eastern Illinois University Board of Trustees as defined by the State of Illinois, maintaining a cumulative GPA of 2.5. He or she shall keep the President informed of the business of said Board and shall function in his or her capacity during the summer semester of his or her term regardless of enrollment status. The Executive Vice President shall serve as, or appoint, a Student Representative to the Illinois Board of Higher Education Student Advisory Committee and shall appoint an alternate voting member subject to a two thirds majority vote of the Senate as defined by the State of Illinois and Board of Higher Education. The Executive Vice President shall, at the first or second Senate meeting of the fall semester, appoint the Student Body City Council Representative with a seat on the Charleston, Illinois, and City Council with the right to debate as defined by city ordinance. This appointment shall be subject to a two-thirds majority vote of the Senate. The City Council Representative shall report to the Vice President for Public Affairs within seven days of each meeting of the City Council. Such reports shall contain matters pertaining jointly to the city and the University and any legislation pending before the City Council. All such reports must also be submitted to the Senate. The Executive Vice President shall provide direction for the Student Action Team and appoint student members subject to a two-thirds majority vote of the Senate as defined by the Student Lobbying Team Act. The Executive Vice President shall be responsible for meeting at least once a month with the faculty advisor to Student Government. The Executive Vice President shall be responsible for meeting with the University Director of Governmental Affairs. The Executive Vice President shall be responsible for maintaining the records of the Executive Branch.

STUDENT BODY VICE-PRESIDENT FOR STUDENT AFFAIRS:

The Student Body Vice President for Student Affairs shall be the Chief Student Affairs Officer of the Student Body and shall assist the President in determining the general policy of the Student Affairs Area. The Vice President for Student Affairs shall exercise administrative supervision over, appoint student members to, and serve as an ex-officio member of all committees, boards, councils, and task forces within the University Vice President for Student Affairs area that function under shared governance policies. These committees shall be defined in the Executive Rules in accordance with Article IX: Rules and Bylaw Adoption. The Vice President for Student Affairs shall assist, advise, and promote all Recognized Student Organizations. The Vice President for Student Affairs shall be responsible for meeting at least once a month without he faculty advisor to the Student Government. The Vice President for Student Affairs shall meet at least twice a month with the University Student Life Director and once a month with the University Vice President for Student Affairs.

STUDENT BODY VICE PRESIDENT FOR ACADEMIC AFFAIRS:

The Student Body Vice President for Academic Affairs shall be the Chief Academic Officer of the Student body and shall assist the President in determining the general policy of the Academic Affairs area. The Vice President for Academic Affairs shall exercise administrative supervision of the University Grade appeals System and act as a counsel for students seeking such appeals and shall be an ex-officio member of committees, boards, councils and task forces within the University Provost and Vice President of Academic Affairs Area that function under shared governance policies. The Vice President for Academic Affairs shall serve as a voting member of the Council on Academic Affairs. These committees shall be defined in the Executive Rules in accordance with Article IX: Rules and Bylaw Adoption. The Vice President for Academic Affairs shall receive reports from those boards and councils under administrative supervision within the Student Government Academic Affairs Area and shall report on the activities of said boards and councils to the Senate as needed. The Vice President for Academic Affairs shall exercise administrative supervision of the Council of Student Deans, meet with the council, on a regular basis, as defined by Executive Rules, in accordance with Article IX: Rules and Bylaw Adoption. The Vice President for Academic Affairs shall be responsible for coordinating a joint meeting between the Deans of the Colleges and the Council of Student Deans at least once a semester. The Vice President for Academic Affairs shall be responsible for meeting at least once a month with the faculty advisor to the Student Government. The Vice President for Academic Affairs shall meet at least twice a month with the University Provost and Vice President for Academic Affairs.

STUDENT BODY VICE PRESIDENT FOR BUSINESS AFFAIRS:

The Student Body Vice President for Business Affairs shall be the chief Fiscal Officer of the Student Body and shall assist the President in determining the general policy of the Financial Affairs Area. The Vice President for Business Affairs shall serve as a voting member of the Council for University Planning and Budget. The Vice President for Business Affairs shall serve as an ex-officio member of, and appoint student members to all committees, boards, councils, construction/building committees, and task forces within the University Vice President for Business Affairs Area that function under shared governance policies. These committees shall be defined in the Executive Rules in accordance with Article IX: Rules and Bylaw Adoption. The Vice President for Business Affairs shall consult with the leaders of the Legislative and Executive Branches and assist in drawing up their respective itemized budgets for the next fiscal year. The Vice President for Business Affairs shall serve as the Chairperson of the Apportionment Board, maintaining all records of the Board in accordance with the rules and bylaws of the Apportionment Board and public law. The Vice President for Business Affairs shall provide weekly budget updates of Student Activity Fee-funded boards to the Senate. The Vice President for Business Affairs shall review all Student Government expenditures, requiring Senate approval, before being proposed. The Vice President for Business Affairs shall regularly review and audit any and all financial records and expenditures involving Student Activity Fee funded boards, and shall reserve the right to audit and review any and all financial records involving student fee funded budgets. The Vice President for Business Affairs shall serve as an ex-officio member of, and attend all meetings of, the Senate Tuition and Fee Review Committee. The Vice President for Financial Affairs shall be responsible for meeting at least once a month with the advisor to student government. The Vice President for Business Affairs shall meet at least twice a month with the University Vice President for Business Affairs and at least once a month with the advisor to the Apportionment Board.

ARTICLE IV - Judicial Branch

A. Powers

All Judicial powers herein granted shall be vested in the Student Supreme Court of Eastern Illinois University. The Student Supreme Court shall be the court of original and final jurisdiction in cases of constitutionality, shall have original and final jurisdiction in cases involving constitutional matters regarding student organizations, and shall have original and final jurisdiction in cases involving the Student Bill of Rights.

B. Composition The Court shall be composed of six Associate Justices and a Chief Justice. The Chief Justice shall be the presiding officer and shall reserve full voting privileges. Justices shall not be a part of another part of the disciplinary process in any capacity, shall not concurrently hold any other position within Student Government, and shall have a 2.25 cumulative grade point average and be in good disciplinary standing with the University. Justices with a significant conflict of interest in a case shall not participate in the hearing. A Justice may disqualify himself or herself, or a Justice may be disqualified by a vote of four Justices. Appointment of Justices shall be the responsibility of the Student Body President, subject to confirmation by a two-thirds majority vote of the membership of the Senate. The term of office for Justices shall be two years. When filling a vacancy, the term of office will be for the remainder of the previous Justice's term. Vacancies occurring during the summer term shall not affect tenure in office. The President shall not fill more than four vacancies during his or her term of office. If more than four vacancies occur, the President will fill the vacancies with student(s) whose term(s) will end concurrently with that of the appointing President. Appointments to fill summer vacancies shall be temporary and require a two-thirds majority vote of the membership of the Senate. A Justice may resign by submitting a written resignation to the Student Body President who will approve it and forward it to the Court Advisor. The quorum of the Court shall be a majority of the Justices and concurrence of the quorum shall be necessary to reach a decision.

C. Advisor The University Vice President for Student Affairs shall appoint the Court Advisor. The appointed individual shall not be a member of or advisor to any part of the University disciplinary process and shall be an exotic member of the Court. All cases must be submitted to the Advisor who will then keep and accurate log and refer the cases to the Court. The Advisor shall receive a copy of all correspondence pertaining to actions taken by the Court and shall be present or represented at all hearings. Within seven days after initial investigation of a compliant, the Advisor shall inform the Chief Justice of said complaint, which shall set a time and place for a hearing. The advisor shall be responsible for maintaining the records of the Judicial Branch.

D. Removal A Justice may be removed by a two-thirds majority vote of the Senate after a hearing before that body. The Chief Justice, Student Body President, and Speaker of the Student Senate shall set a time and place of said hearing and notify the Justice in question and Senators of the hearing at least forty-eight hours in advance of the hearing time. Justices shall be removed only if the Justice falls below the stated grade point average or is no longer in good disciplinary standing. The procedure for removal shall be defined in Rules or Bylaws, in accordance with Article IX: Rules and Bylaws Adoption.

ARTICLE V - Voter Classification

A. Eligibility

All Students enrolled in Eastern Illinois University shall be eligible to vote in the Student Government elections.

B. Voting

All students may vote in Student Body Executive Officer elections and all Senate District Elections.

ARTICLE VI - General Powers

A. General Powers

The Student Government, through powers granted and procedures established by this Constitution, shall have authority over all areas previously listed herein plus the following areas, except where the exercise of such power would violate this Constitution an door the Eastern Illinois University Board of Trustees' administrative policies, stated laws, or national laws. The Student Government shall not be denied shared governance powers in the administration of student conduct on campus, in the allocation of all student activity fees, in recommending policy on use of all buildings paid for in any part by student fees, and in any monetary change of all student fees and tuition with the exception of classes.

B. Continuity of Responsibility

Actions (with the exception of resolutions) of the Student Government and all of its entities will be binding upon and assumed by the future Student Government and all of its entities, until or unless such actions are altered or repealed by normal parliamentary procedure.

ARTICLE VII - Division of Powers

A Student Body Executive Officer, Student Senator, Student Supreme Court Justice, or University disciplinary member shall not hold more than one of the above stated offices concurrently. A Student Body Executive Officer, Senator, Supreme Court Justice, or University disciplinary member shall not serve concurrently in any of the following capacities: Editor of the campus newspaper; station manager of the campus radio or television stations, or, in any way, the Chief Executive Officer of any regular news media supported by student fees excluding the campus yearbook and campus literacy publications. A Student Body Executive Officer, Senator, or Supreme Court Justice may not serve concurrently as the Chief Executive Officer of any fee funded board with the exception of the Student Body Vice President for Business Affairs who shall function in such capacity over the Apportionment Board.

ARTICLE VIII - Amendments to the Constitution

A. Proposal

An amendment to this Constitution may be proposed by one of three methods: proposal submitted to the Senate or, proposal by initiative, or proposal by Constitutional Review Commission. Proposal by initiative. Constitutional revisions may be submitted for ratification by initiative by presenting a petition with signatures of 10% of the Student Body to the Elections Commission in accordance with The Elections Reform Act. Proposal by submission to the Senate. Constitutional revisions may be submitted for ratification by a two-thirds majority vote of the membership of the Student Senate. Proposals must be tabled for at least one week before being voted upon by the Senate. Proposal by Constitutional Revision. A two-thirds majority vote of the membership of the Senate is required to convene a Constitutional Review Commission. Once the Senate approves the establishment of a Constitutional Review Commission, it is the responsibility of the Student Body President to appoint a seven-person commission within fifteen days consisting of Senators, Student Government Executive Officers, and students who are neither Senators nor Student Government Executive Officers. The Senate may then approve the President's appointments with a majority of the membership of the Senate.

B. Process

Copies of all proposed amendments and/or revisions shall be made available to the Student Body and the campus media. The proposed amendments, regardless of method of initiation, shall be submitted to the Elections Commission in accordance with The Elections Reform Act. After proposal by one of the three (3) methods above, proposed revisions shall be placed on the ballot for a student referendum. Revisions shall be ratified after approval by a two-thirds majority of those students who cast votes on the proposed revision.

ARTICLE IX - Rules and Bylaws Adoption

A. Student Senate

The Senate shall be empowered to adopt such rules, bylaws, and regulations deemed necessary and convenient for the execution of its functions through the procedures established in this Constitution provided such rules, bylaws, and regulations do not conflict with this Constitution. The bylaws shall govern only the Senate, except in cases specifically authorized by the Student Body Constitution.

B. Student Activity Fee-funded Boards and Councils Amendments to the Rules, Bylaws, and Regulations of Student Activity Fee-funded Boards shall be subject to a two-thirds majority vote of the membership of the Senate. All Student Activity Fee-funded Board meetings shall include audience participation. The organizations may make reasonable time restrictions on audience participation in accordance with parliamentary procedure.

THE STUDENT BILL OF RIGHTS

The following articles preserve the fundamental rights of the students of Eastern Illinois University in pursuance with the United States and State of Illinois constitutions. These rights are not to be used to infringe upon the rights of others who are also in attendance at Eastern Illinois University. The right of free expression of views, the right to a reasonable expectation of privacy, and the right to function as citizens, independent of the University, shall be guaranteed.

ARTICLE X

All student of Eastern Illinois University enjoy full protection of the laws granted by the United States and State of Illinois constitutions. These rights are not forfeited upon enrollment into Eastern Illinois University.

ARTICLE XI - Student Academic Freedom

SECTION A Students are guaranteed the freedom to take prudent exception to the information or views offered in any course of study. Course grades will not be affected by disagreements between instructors and students when based solely on matters of opinion.

SECTION B Students have the right to accurate and clearly stated information pertaining to the general qualifications for establishing and maintaining acceptable academic standing; his or her own academic relationship with the University and any special conditions which affect his or her academic status; the graduation requirements for his or her particular degree, major, and minor; his or her own academic standing in any course for which he or she is enrolled; the procedural course requirements set by the individual instructor for their course (such criteria must be outlined within the first ten days of the academic term; the method by which students will be evaluated an how final grades will be determined; the instructor's office location and office hours; and his or her performance on tests an other areas of required research. Tests and other papers must be graded promptly and returned.

SECTION C The student has a right to a course grade that represents his or her performance in the course. Student who assert that their instructor has evaluated them unfairly have the right to appeal procedures. Such procedures are established in cooperation with Student Government and published by the Office of the University Provost and Vice President for Academic Affairs.

SECTION D Information regarding student views, beliefs, political associations, moral life, or personal life, which staff or faculty shall acquire in the course of work as instructors, advisors, and counselors may not be used in a manner, which would in any way be detrimental to the student.

Section E Students who live in University owned or operated housing have a right to privacy and autonomy. Except in emergency situations, students have the right to be present when a University official or employee enters their living space. Students have the right to be intimately involved in housing decisions that affect the rules, processes, or living environment. Students have a right to live in an environment conducive to learning and growing, both academically and personally.

Section F Students have a right to participate in University governance in good faith. Students should be represented on all committees, boards, and groups that participate in University governance.

Section G Students who believe that their rights defined herein have been violated should forward their written complaint to the Student Supreme Court. The Student Supreme Court shall decide if the complaint is valid. If the Court determines that the complaint is valid, the Chief Justice shall forward the complaint to the University President, who will take actions(s) that he/she determines necessary.

ARTICLE XII - Freedom of Association

SECTION A Editors and station managers of student communication media shall be protected from removal because of student, faculty, administrative, or public disapproval of editorial policy or news content. Only for reasons of professional competency or failure to fulfill the duties of office shall editors and station managers be subject to removal and then only by orderly and prescribed procedures, including a hearing in which they may present heir views on their proposed removal before the agency responsible for their removal. Upon the request of the officer facing removal, the hearing must be made public.

SECTION B All University published and/or financed student publication shall explicitly state on the editorial page that opinions there expressed are not necessarily those of the University or Student Body. Other communication media shall state at the item any editorial is disseminated that the opinions therein stated are not necessarily those of the University or Student Body.

SECTION C Editors or radio and television stations shall be free to develop their own editorial policies. Fairs space shall be given to deserting opinions. In the campus newspaper, this shall be through letters to the Editor and in other media, through a manner appropriate to the medium.

SECTION D Except for those rights reserved to the respective boards in this Article, no decision abridging freedom of the student media shall be made. Student communication media shall be required to conform with only the provisions of these Article and the dictates of civil law and in the case of electromagnetic media, rulings of the Federal Communications Commission where applicable.

ARTICLE XIV - Implementation

SECTION A An alleged violation of, or inconsistencies in, the Student bill of rights shall be referred to the Student Supreme Court. The findings of the Court will be referred to the Student Senate or possible revisions to the Bill of Rights and /or appropriate agent(s) or agencies for reconsideration.

SECTION B It is the responsibility of the Student Government to inform all students regarding the Student Bill of Rights.