Article XI: Impeachment

Section 1: Impeachment

XI.1.00 All elected or appointed officers of the ASCWI government shall be subject to removal from office by impeachment.

XI.1.01 The conclusions reached by impeachment proceedings are considered official and binding.

XI.1.02 If an impeachment carries, the impeached will henceforth no longer be an officer of ASCWI.

Section 2: Impeachment Grounds

XI.2.00 Grounds for impeachment from an elected position with ASCWI include- but are not limited to- the following, where they occur within the CWI ‘sphere of influence’:

XI.2.00.01 The dereliction of accepted duties,

XI.2.00.02  The abuse of particular powers of position,

XI.2.00.03 The violation of membership trust,

XI.2.00.04 The violation of the Student Code of Conduct,

XI.2.00.05 The direct or indirect creation of a hostile or threating environment,

XI.2.00.06 The demonstration of prejudice or lack of objective representation,

XI.2.00.07 The occurrence of two (2) or more unexcused absences,

XI.2.00.08 The engagement in aggressive and violent acts, 

XI.2.00.09 The willful disparagement of the integrity of ASCWI, CWI, or ASCWI membership.

XI.2.01 Grounds for impeachment will be verified by:

XI.2.01.01 The Student Affairs Advisor; and/ or

XI.2.01.02 The Dean of Students.

XI.2.02 In the event that the grounds have not been met, the ASCWI Advisor(s) and/or the Dean of Students will notify the accuser as well as the accused via separate, private, e-mails.

Section 3: Impeachment Authority

XI.3.00 The power of impeachment shall be held by all the ASCWI Officers;

XI.3.01 Impeachment of ASCWI officers may be initiated by:

XI.3.01.01 A petition of greater than one-hundred (100) signatures the ASCWI membership

XI.3.01.02 A petition of at least (1/3) ASCWI of Officers combined with the ASCWI Student Affairs Advisor(s) and the Dean of Students.

XI.3.02 Impeachments shall pass with forty-percent (40%) vote by secret ballot of all seated Officers.

XI.3.02.01 Absent officers’ votes will not be counted.

Section 4: Impeachment Requirements

XI.4.00 Petitions for impeachment must:

XI.4.00.01 Identify the specific officer being impeached; and

XI.4.00.02 Concisely identify the purported charges; and

XI.4.00.03 Provide evidence sufficient to establish just-cause for the initiation of impeachment processes; and

XI.4.00.04 Be formulated, with grounds verified, prior to the collection of signatures; and

XI.4.00.05 Be provided to each signatory; and

XI.4.00.06 Be submitted concurrently, in writing, to:

i. The Student Affairs Advisor; and

ii. The Dean of Students; and

iii. The ASCWI general inbox (ascwi@cwi.edu).

Section 5: Impeachment Processes

XI.5.00 Impeachments shall adhere to the following processes:

XI.5.00.01 A petition for impeachment should be formulated before it can be pursued,

XI.5.00.02 The grounds of petitions for impeachment should be verified,

XI.5.00.03 Interested parties should be notified of the initiation of impeachment processes,

XI.5.00.04 All parties should acknowledge impeachment processes,

XI.5.00.05 A hearing shall take place on the next, regularly scheduled, Senate meeting;

i. not less than one (1) week but not more than two (2) weeks after the accused has received notification of impeachment and the hearing date.

XI.5.00.06 All parties should attend the scheduled hearing,

XI.5.00.07 All parties should be given a chance to present their cases,

XI.5.00.08 A verdict shall be reached

XI.5.00.09 Appeals should be filed,

XI.5.00.10 A retrial shall take place on the next, regularly scheduled, Senate meeting;

i. not less than one (1) week but not more than two (2) weeks after appeal verification and all parties have been notified of the appeals hearing date.

XI.5.00.11 All parties should attend the scheduled hearing,

XI.5.00.12 All parties should be given a chance to present their cases,

XI.5.00.13 A verdict shall be reached

Section 6: Right Of The Accused

XI.6.00 The accused shall have the right to:

XI.6.00.01 A hearing by the Senate; and

XI.6.00.02 Defend their actions at a hearing; and

XI.6.00.03 Petition for a private hearing; and

XI.6.00.04 Appeal an impeachment ruling within the guidelines of this Article.

Section 7: Responsibilities Of The Accused

I.7.00 The accused shall bear the responsibility of:

XI.7.00.01 Responding to impeachment notifications; and

XI.7.00.02 Requesting a private hearing via the ASCWI advisor(s); and

XI.7.00.03 Attending the scheduled hearing; and

XI.7.00.04 Presenting a defense against accusations; and

XI.7.00.05 Appealing an impeachment ruling within the guidelines of this Article.

Section 8: Impeachment By Default

XI.8.00 Impeachments shall carry by default if the accused:

XI.8.00.01 Fails to acknowledge an impeachment notification within five (5) days; or

XI.8.00.02 Fails to attend the impeachment hearing; or

XI.8.00.03 Fails to arrive to an impeachment hearing within fifteen (15) minutes of its commencement.

Section 9: Appealing An Impeachment

XI.9.00 An impeachment ruling may be appealed:

XI.9.00.01 Only for one or more of the following reasons:

i. The Association’s procedures were not followed, and the deviance would substantially alter the outcome(s) of the ruling, or

ii. There is new relevant evidence not reasonably available at the time of the hearing or the imposition of the sanction(s) that would substantially alter the outcome(s) or the ruling, or

iii. The rationale, informed by available information, does not clearly support the finding(s)

XI.9.00.02 If an appeal is filed within five (5) business days of the initial impeachment ruling; and

XI.9.00.03 If it has not previously gone through the appeal process.

XI.9.01 In the case that grounds have not been met for an appeal, the ASCWI Advisor(s) and/or the Dean of Students will notify the Officer and announce confirmation of the initial ruling.

XI.9.02 An impeachment may only be appealed one time before the ruling is final.

XI.9.02.01 Appeal requests that do not meet the grounds for appeal proceedings shall not count against this policy.