Article XI: Impeachment

Section 1: Impeachment

XI.1.00 Any elected or appointed ASCWI officer may be removed from office through impeachment.

XI.1.01 Upon removal by impeachment, the officer shall immediately vacate the position.

Section 2: Impeachment Grounds

XI.2.00 Grounds for impeachment include, but are not limited to:

XI.2.00.01 Failure to fulfill duties of office,

XI.2.00.02 Abuse and misuse of authority,

XI.2.00.03 Violation of the Student Code of Conduct or applicable college policies,

XI.2.00.04 Conduct that substantially interferes with ASCWI operations or the officer’s ability to serve,

XI.2.00.05 Two (2) or more unexcused absences from required meetings.

XI.2.01 The dean of students or designee shall review impeachment petitions for procedural compliance before proceedings move forward.

Section 3: Impeachment Authority

XI.3.00 Impeachment proceedings may be initiated by:

XI.3.00.01 A petition signed by at least 100 members of ASCWI, as defined in Article 1, Section 1.

XI.3.00.02 A petition signed by at least one-third of seated ASCWI officers. 

XI.3.01 Removal by impeachment shall require a two-thirds vote of seated officers present and eligible to vote.

XI.3.02 The officer who is the subject of impeachment proceedings shall not participate in deliberations or vote on the impeachment matter.

Section 4: Impeachment Requirements

XI.4.00 An impeachment petition must:

XI.4.00.01 Identify the officer who is subject of the petition;

XI.4.00.02 State the alleged grounds for impeachment; and

XI.4.00.03 Include supporting information or evidence.

XI.4.01 Petitions that do not substantially comply with the requirements of this article may be dismissed by the dean of students or designee.

Section 5: Impeachment Processes

XI.5.00 Upon receipt of a valid impeachment petition:

XI.5.00.01 The accused officer shall receive written notice of the allegations;

XI.5.00.02 The Executive Council shall conduct a hearing no fewer than five (5) business days and no more than 10 business days following receipt of a valid impeachment petition;

XI.5.00.03 The accused shall have the opportunity to respond to the allegations and present relevant information;

XI.5.00.04 Following the hearing, the Executive Council shall vote by secret ballot.

Section 6: Right of the Accused

XI.6.00 An officer subject to impeachment shall have the right to:

XI.6.00.01 Receive written notice of allegations;

XI.6.00.02 Review supporting information used in the proceedings;

XI.6.00.03 Present a response and relevant evidence; and

XI.6.00.04 Request an appeal as provided in this Article.

XI.6.01 Proceedings may continue in the absence of the accused officer if reasonable notice has been provided.

Section 7: Appealing an Impeachment

XI.7.00 An impeachment decision may be appealed once within five (5) business days.

XI.7.01 Appeals may be granted only if:

XI.7.01.01 Significant procedural error occurred;

XI.7.01.02 New information becomes available that could substantially affect the outcome; or

XI.7.01.03 The evidence does not reasonably support the decision.

XI.7.02 Appeal decisions shall be reviewed by the dean of students or designee and shall be final.