Berkeley High School Associated Student Body Constitution

Preamble We the students of Berkeley High School, in order to create the best possible high school experience for all our fellow classmates, insure positive relations amongst students and staff, provide school events and activities, organize community service opportunities, address the problems and concerns of all students, secure the right to a good education, and protect our rights as students do ordain and establish this Constitution for the ssociated Student Body of Berkeley High School! Article I. Branches of the Associated Student Body (ASB) A. B. C. #. Student House of Representatives: the legislative branch Student Administration: the executive branch Student Court of Judges: the judicial branch. !n development" $urpose of a three%branch governance s&stem. '. (ach branch has a specific functional focus in the pursuit of the $reamble ideals. ). Student authorit& is distributed so no one branch or organi*ed bod& has complete control over decision% ma+ing. ,. -he s&stem emulates the federal governance s&stem of the .nited States of America and that of most of its member states to better familiari*e the student bod& /ith the /a&s in /hich the& might engage /ith or /ithin those !nstitutions.

Article II. Student House of Representatives: the le islative branch 0!SS!12 S-A-(0(2"o create student policy through student discussion of policy proposals and the issuing of statements and reports, and representation of that policy on important decision#making bodies! A. -he Student House of Representatives: a bicameral bod& '. House of Schools and $rograms a. Representatives of Academic Choice b. Representatives of Academ& of 0edical and $ublic Service c. Representatives of Arts and Humanities Academ& d. Representatives of Ber+ele& !nternational High School e. Representatives of Communication Arts and Sciences f. Representatives of !ndependent Stud& g. Representatives of 2e/comer h. Representatives of Special (ducation ). Student Senate a. School Board representative b. School Site Council representatives c. Ber+ele& School (xcellence $roject representatives B. Branch meeting purposes: -he bodies of the legislative branch of the ASB shall meet for the purpose of discussing important and impacting current global to local events and issues3 school or student%specific events and issues3 events or issues that the Staff Administration re4uests the ASB addresses and3 /hen deemed necessar&3 to create statements for the public record or an official student polic& in regards to an event or issue5 to approve or reject an executive branch event because the spirit of it has come into 4uestion5 to form tas+ forces or committee to address student concerns or create proposals5 to revie/ and confirm or reject nominees to the Council of Judges"5 to consider amendments5 to hear from the general student bod&.

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C. Schedule of meetings '. -he Student House of Representative shall convene for no less than one hour t/ice a month during the academic school &ear discounting the months of #ecember and June. -hese meetings must include a segment during /hich statements from the general student bod& can be made for the record. ). -he Representative Council shall convene for no less than half an hour t/ice a month during the academic school &ear discounting the months of #ecember and June. ,. -he Student Culture and $articipation committee shall convene for no less than one hour once a month during the academic school &ear discounting the months of #ecember and June. 6. An& bod& or committee might meet additionall& be&ond a regular schedule in order to better meet their mission. -he Student House of Representatives3 House of Schools and $rograms or Student Senate must publici*e such a meeting so the general student bod& can have the opportunit& to attend. #. Statement and polic&%ma+ing process5 approval7rejection of executive branch events '. An& statement or polic& proposed to be made official for the public record must be drafted in /riting3 undergo a discussion period /ithin the Student House of Representatives /ith the aim of achieving consensus on a final draft of the statement or polic& and be voted upon. ). 8or an& vote to be official a 4uorum t/o%thirds" of representatives must be present through the discussion period and the time of voting. -o approve a statement3 a majorit& of representatives must approve of the draft. -o approve a polic&3 t/o%thirds of representatives must approve of the draft. ,. Before a statement or polic& is officiall& approved3 the Representative Council or members of the Student Culture and $articipation Committee can demand consensus or a vote closer to consensus be achieved based on their judgment of the spirit of the discussion. 6. An approved statement or polic& must be entered on the Roll of Statements and $olicies and a permanent historical record3 and /idel& shared /ith the general student bod& /ith the faithful assistance of the Commissioners of $ublicit& of the Central 9eadership 1ffice. :. An& statement and polic& /ill sta& in place for the remainder of the academic &ear. !t /ill be up for rene/al or removal from the Roll of Statements and $olicies b& the ne/ Student House of Representatives at the beginning of the ne/ school &ear no later than September ,;. A majorit& vote is re4uired to rene/ or remove the statement or polic&. <. !f the spirit of an ASB event is called into 4uestion b& an approved motion to discuss it in the House of Representatives a discussion period must precede a vote to approve or reject or ma+e recommendations for ho/ to modif& the event as planned. 0embers of the House must immediatel& inform the executive branch of their decision and include recommendations for modification. =. !f adopted3 decisions on nominees to the Council of Judges submitted b& the Central 9eadership 1ffice must be made at the next regular meeting. !f a nominee is rejected the reasons must be given in /riting. -he process must include a public 4uestion and ans/er period /ith the nominees. A vote of the majorit& of the Student House of Representatives is needed to confirm the nominee as a ne/ member of the Council of Judges. (. (lection and appointment processes '. House of Schools and $rograms a. -he House of Schools and $rograms is a bod& of representation as appointed b& an intervie/ process. -here shall be no more than five representatives for all of the school programs. b. Representatives must be declared to the ASB no later than 0a& ' of the academic &ear preceding the term in office to be served. !f a replacement3 additional representative3 or less one representative is needed because of enrollment changes at the start of the academic school &ear3 the changes in representation must be made b& 1ctober '. ). Student Senate a. (lection on a ballot voted upon b& the entire student bod& of BHS is re4uired to achieve membership on the Student Senate. b. -his vote shall ta+e place no later than 0a& ' of the academic &ear preceding the term in office to be served. c. -he School Board representative is officiall& elected into office through the (lection Convention processes see Article !!!3 #". '. Representative Council and Student Culture and $articipation Committee a. -he t/o officers of the Representative Council be&ond the School Board Representative and members of the Student Culture and $articipation Committee shall be elected from /ithin the Student House of Representatives no later than the second meeting of the ne/ term. b. -o be officiall& appointed a nominated candidate must receive at least majorit& approval of a 4uorum of the Student House of Representatives.

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(ligibilit&3 term and removal from office a. (ligibilit& a. -he initial eligibilit& re4uirement for an& representative candidate is that she or he does not have a cumulative >$A belo/ ).: or has a grade of 8 for t/o consecutive 4uarter grading periods /ithin an academic &ear. b. A student can onl& represent a school or program in the House of Schools and $rograms in /hich she or he is enrolled for the academic &ear to be served. !f the student changes his or her school or program enrollment during a term the office must be abdicated and a ne/ representative presented to ASB /ithin thirt& da&s. An& student enrolled at Ber+ele& High School is eligible to run for election to the Student Senate. c. An& member of the Student House of Representatives can run for appointment to the Representative Council or the Student Culture and $articipation Committee. d. 2o member of the legislative branch can simultaneousl& occup& an office of an& other branch3 or more than one office /ithin the branch. b. -erm: -he term of office for all bodies shall officiall& be from the da& after graduation of the starting &ear to graduation da& of the follo/ing &ear. Ho/ever3 an outgoing representative ma& give the office to an incoming representative upon her or his volition once the incoming representative has been through training approved b& the #irector of Student Activities. A Representative ma& serve unlimited terms. A Senator ma& serve no more than t/o terms. c. Removal from 1ffice a. >$A: A member of the Student House of Representatives /ill be automaticall& removed if her or his cumulative >$A drops belo/ ).: or has a grade of 8 for t/o consecutive 4uarter grading periods /ithin the academic &ear. b. Absenteeism: !f a member of the Student House of Representatives is absent for three consecutive regular meetings3 or more than five meetings in an& one semester the member ma& be replaced b& the represented school or program. !f the member is a Senator3 she or he /ill be removed from office and a ne/ applicant to the Senate must be elected no more than thirt& da&s from the removal date. !f the absenteeism is due to medical or other serious reasons the Representative Council deems excusable3 the Representative Council can re4uest a majorit& vote to extend the member?s term. c. Job performance i. A motion can be made to suspend an& member of the Student House of Representatives for reasons supported /ith sound evidence related to job performance. After the motion is seconded3 a vote of t/o%thirds of at least a 4uorum of the Student House of Representatives shall ma+e the member suspended. -he Council of Judges /ill then hear arguments for and against the suspension and ma+e a decision to reinstate3 declare a length of suspension3 or remove the member from her or his office. ii. !f school rules are violated b& a member3 the Staff Administration reserves the authorit& to administer its o/n conse4uences3 /hich ma& include removal from office.

Article III. Student Administration: the e!ecutive branch 0!SS!12 S-A-(0(2"o promote student policy via information dissemination, fiscal management, and events and services arranged in the $spirit of the policy!% A. 1ffices and #epartments '. -he Central 9eadership 1ffice CAB!2(a. ASB $resident b. ASB @ice $resident c. Chief of $ublicit& d. Chief of Social Activities e. ASB -reasurer f. ASB Secretar& C100!SS!12S a. Chief of Clubs and 1rgani*ations b. Chief of Service c. Commissioner of Achievement

d. Commissioner of (lections e. Commissioner of (nvironmental Sustainabilit& f. Commissioner of 0ulticultural Affairs g. Commissioner of Health and Athletics h. Commissioner of -echnolog& i. Commissioner of Arts C9ASS (A(C.-!@(S a. Senior Class $resident b. Senior Class @ice $resident c. Junior Class $resident d. Junior Class @ice $resident e. Sophomore Class $resident f. Sophomore Class @ice $resident g. 8reshman Class $resident h. 8reshman Class @ice $resident '. #epartment of Class Activities a. $urpose: -o organi*e events and services in the spirit of student polic& and school traditions3 and promote the advancement of fello/ classmates. b. 1fficers i. (ach class shall have four officers: $resident3 @ice $resident3 -reasurer3 and Secretar&. ii. (ach class shall have a maximum of ': volunteers /or+ing under the title Bdeput&.C B. Branch meeting purposes: -he Student Administration shall meet to create &earl& goals3 themes3 and7or mottos for the /or+ of ASB5 to plan events and services to meet the spirit of the polic& set b& the legislative branch5 to ma+e decisions on student club and organi*ation applications3 re4uisitions3 and applications for use of campus space for activities5 to create information dissemination methods5 to discuss student3 staff3 and alumni relations5 to devise fundraising3 hospitalit&3 achievement3 elections and athletic support plans5 to select nominees amongst the applicants for the Council of Judges". C. Schedule of meetings '. -he Central 9eadership 1ffice shall convene for no less than one hour t/ice a month during the academic school &ear discounting the months of #ecember and June. ). -he Cabinet of the Central 9eadership 1ffice shall convene for no less than half an hour t/ice a month during the academic school &ear discounting the months of #ecember and June. ,. (ach class in the #epartment of Class Activities shall convene for no less than half an hour t/ice a month during the academic school &ear discounting the months of #ecember and June. -hese meetings must include a segment during /hich statements from general class members can be made for the record. #. (lection and appointment processes '. (lection Convention a. -he ASB president3 ASB vice%president3 the Chief of Service3 the Chief of Social Activities3 and the School Board Representative3 must be elected through an (lection Convention to be held no later than 0a& 'of the academic &ear preceding the term of office to be served. b. -he (lection Convention occurs after a campaigning period of no more than fifteen school da&s3 speeches b& the candidates that the general student bod& has reasonable opportunit& to vie/ and hear3 and a general vote of the student bod&. c. At the (lection Convention3 /here delegates from teacher sections of a designated class period are present for the entiret& of the event3 a motion and a second must officiall& nominate candidates3 before the general vote /ill be revealed. !f no candidate receives more than =;D of the vote a 4uestion and ans/er period shall precede a vote of the delegates. !f after that voting period3 no candidate receives more than <;D of the vote3 the top t/o remaining vote getters shall undergo a final 4uestion and ans/er period and statements period that precedes a final vote /here a /inner /ill be declared. ). Appointments: All other positions on the Cabinet and all Commissions are appointed b& the elected Cabinet members b& consensus decision after intervie/s /ith applicants to the offices. Class treasurers and secretaries are appointed b& the elected class executives. Appointments must be made b& June ' of the &ear preceding the term of office to be served. ,. Class executives: Class executives must be named to the Central 9eadership 1ffice no later than June ' of the &ear preceding the term of office to be served. -he& must be elected b& a general election of members of their class. -he exception is the freshman class officers /ho ma& be appointed b& the Central 9eadership 1ffice cabinet.

6. -he Commissioner of (lections shall facilitate and oversee the (lection Convention process and election of class executives. (. (ligibilit&3 term and removal from office '. (ligibilit& e. -he initial eligibilit& re4uirement for an& candidate to a Student Administration office is that she or he does not have a cumulative >$A belo/ ).: or has a grade of 8 for t/o consecutive 4uarter grading periods /ithin an academic &ear. -he exception is class deputies /ho can serve on probation for one semester. !f her or his cumulative >$A is raised above ).: or no 8 is received that semester3 the deput& ma& continue to serve. f. An& student enrolled at Ber+ele& High School is eligible to run for an& commission on the executive branch. A candidate shall not be denied nomination based on her or his grade level onl& limited b& the follo/ing exceptions: Cabinet positions of the Central 9eadership 1ffice and Senior Class executives must have at least one &ear of involvement as an officer in an& branch of the ASB5 ASB $resident must be a senior. g. 2o member of the executive branch can simultaneousl& occup& an office of an& other branch3 or more than one office /ithin the branch. ). -erm: -he term of office for all officers shall officiall& be from the da& after graduation of the starting &ear to graduation da& of the follo/ing &ear. Ho/ever3 an outgoing officer ma& give the office to an incoming officer upon her or his volition once the incoming officer has been through training approved b& the #irector of Student Activities. An& officer ma& serve no more than t/o terms in the same position. ,. Removal from 1ffice d. >$A: A member of the Student Administration /ill be automaticall& removed if her or his cumulative >$A drops belo/ ).: or has a grade of 8 for t/o consecutive 4uarter grading periods /ithin the academic &ear. e. Absenteeism: !f a member of the Student Administration is absent for three consecutive regular meetings3 or more than five meetings in an& one semester the member surrenders her or his office. !f the absenteeism is due to medical or other serious reasons the cabinet deems excusable3 the cabinet can re4uest a majorit& vote to extend the member?s term. f. Job performance i. A motion can be made to suspend an& member of the Student Administration for reasons supported /ith sound evidence related to job performance. After the motion is seconded3 a vote of t/o%thirds of at least a 4uorum of the Central 9eadership 1ffice shall ma+e the member suspended. -he Council of Judges /ill then hear arguments for and against the suspension and ma+e a decision to reinstate3 declare a length of suspension3 or remove the member from her or his office. ii. !f school rules are violated b& a member3 the Staff Administration reserves the authorit& to administer its o/n conse4uences3 /hich ma& include removal from office. Article I". Student #lubs and $r ani%ations A. $urposes: -o provide opportunities for the personal and social development of students through energies devoted to their varied interests. B. 1fficers: (ach club or organi*ation shall have at least t/o officiall& declared representatives and a staff advisor. C. 0embership: An& student club or organi*ation must have open and free membership. #. Registration process: -o be officiall& registered for an& one school &ear a club or organi*ation must submit a completed registration form to the Central 9eadership 1ffice beginning after 0a& ' of the preceding &ear and at an& time in the academic &ear of activit&. !t is also strongl& recommended though not re4uired that the club creates a charter that outlines its purposes and operations. A. Activities '. An& student club or organi*ation must appl& for use of an& campus space for an activit& be&ond regular meetings in the registered staff advisor?s space during school hours" through the Ber+ele& High School 8acilities 0anager. -he Commissioner of Clubs and 1rgani*ations of the Central 9eadership 1ffice and the 1ffice of the #irector of Student Activities are obliged to assist /ith this process. ). An& student club or organi*ation activit& must be supervised b& the staff advisor and is ultimatel& overseen b& the 1ffice of the #irector of Student Activities and Staff Administration /ho can shut do/n the activit& at an& time if safet&3 disruption of the peace3 violation of student rights3 or another reasonable concern arises. ,. All spending of an& student club or organi*ation must be approved b& a majorit& vote of the student club and facult& sponsor. 6. All student clubs or organi*ations reserve the right to reasonable assistance and timel& deliver& of important

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information from the Commissioner of Clubs and 1rgani*ations of the Central 9eadership 1ffice. !f an& activit& violates the school discipline polic&3 district regulations3 or this Constitution the club /ill be suspended for the remainder of the semester or academic &ear. !f the matter concerns this Constitution it is the Council of Judges /ho /ill ma+e a decision on the suspension.

Article ". $ffice of the &irector of Student Activities A. B. $urpose: -o oversee and support students in their efforts to faithfull& execute the charge of this Constitution5 to train and mentor students in the arts of public leadership s+ills. 1fficers '. -he #irector of Student Activities: A certificated Ber+ele& High School staff member or administrator. ). A Ber+ele& High School @ice $rincipal. ,. -he Ber+ele& High School $rincipal. 6. Class advisors: A certificated Ber+ele& High School staff member3 administrator3 or 4ualified communit& volunteer.

Article "I. Amendin the #onstitution A. -/o methods: '. -he ASB $resident shall /rite in an amendment to the Constitution /henever three fourths of each bod& of the Student House of Representatives deems it necessar&. !f the Council of Judges is adopted and as+s for revision3 an ad hoc committee of the Student House of Representatives must prepare and present the ne/ draft for a ne/ vote of each bod&. ). -he ASB $resident shall /rite in an amendment to the Constitution /henever a petition consisting of one sixth of the student bod& /ith no more than one half of signatories from one small school or program" calls for a general vote of the student bod& on a proposed amendment3 the result of the general vote is t/o%thirds of the student bod& approving of the proposed amendment. !f the Council of Judges is adopted and as+s for revision3 a committee of the student bod& must prepare and present the ne/ draft for a ne/ vote of the student bod&. B. @oiding this Constitution: An amendment shall be re4uired to void this Constitution.

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Article "II. Student #ourt of 'ud es: the (udicial branch &n development" 0!SS!12 S-A-(0(2"o ensure, through interpretation of student policy and this Constitution, 'ustice for individual students and the school community and proper governance of the ssociated Student Body! B. 1fficers: '. Judges :%=" ). Cler+s )" C. 0eeting purposes: -he Student Council of Judges shall meet to hear and rule cases on controvers& over the constitutionalit& of a legislative branch statement or polic& or ASB%sponsored event5 revie/ and rule on cases of suspended officers or clubs submitted b& the legislative or executive branch5 ma+e statements as desired to bring a/areness on matters of justice in the school communit&5 maintain a detailed record of all cases and rulings. #. Relationship to school discipline polic& and Student Court '. -he Student Council of Judges shall not handle matters of school discipline. A case the& hear ma& have involved the school discipline polic&3 but the Judges concern is the 4uestion of the constitutionalit& of ASB actions and decisions. ). -he Student Council of Judges is not to be confused /ith and has no relationship /ith the Ber+ele& High School Student Court. ,. -he majorit& and dissenting opinion statements of the Student Court of Judges have no legal authorit&3 but are meant to represent a student perspective on issues of justice in the school in regards to this Constitution. (. Schedule of meetings: -he Student Council of Judges must meet no less than once per month for half an hour to receive training3 decide to hear cases or not3 and plan for hearings. 8. Hearing and ruling processes '. 1nce the Student Council of Judges receives a case3 the& must decide /ithin t/o /ee+s to hear the case or not. !f the case is to be heard3 a hearing time and place is set /ith all involved parties. ). A hearing ma& include statements from involved parties and /itnesses and 4uestioning of those parties and /itnesses b& the Judges. ,. After all statements and 4uestions are finished3 the Judges shall conference and end /ith a majorit& vote on the decision. At a final hearing for the case the decision is shared in the form of the vote count and majorit& and dissenting opinions statements that have been /ritten and are read aloud /ith all involved parties present. 6. -he Judges /ho are involved /ith the statements must have been present for the entire hearing. (. (lection and appointment processes: Judges and cler+s must appl& to the elected cabinet of the Central 9eadership 1ffice b& the end of the third /ee+ of 0a& in the academic &ear preceding their term of service. -he applicants are revie/ed b& the cabinet and nominated or not. Cler+s are appointed b& the Central 9eadership 1ffice. 2ominated applicants for judge are then confirmed or rejected b& the Student House of Representatives. 8. (ligibilit&3 term and removal from office '. (ligibilit& a. -he initial eligibilit& re4uirement for an& candidate to the Student Council of Judges is that she or he does not have a cumulative >$A belo/ ).: or has a grade of 8 for t/o consecutive 4uarter grading periods /ithin an academic &ear. b. An& student enrolled at Ber+ele& High School is eligible to run for an& position in the judicial branch. A candidate shall not be denied nomination based on her or his grade level. c. 2o member of the judicial branch can simultaneousl& occup& an office of an& other branch3 or more than one office /ithin the branch. ). -erm: -he term of office for all officers shall officiall& be from the da& after graduation of the starting &ear to graduation da& of the follo/ing &ear. Ho/ever3 an outgoing officer ma& give the office to an incoming officer upon her or his volition once the incoming officer has been through training approved b& the #irector of Student Activities. An& officer ma& serve no more than t/o terms in the same position. ). Removal from 1ffice a. >$A: A member of the Student Council of Judges /ill be automaticall& removed if her or his cumulative >$A drops belo/ ).: or has a grade of 8 for t/o consecutive 4uarter grading periods /ithin the academic &ear. b. Absenteeism: !f a member of the Student Council of Judges is absent for three consecutive regular meetings3 or more than five meetings in an& one semester the member surrenders her or his office. !f the absenteeism is due to medical or other serious reasons the Representative Council of the legislative branch deems excusable3 the bod& can re4uest a majorit& vote of the Student House of Representatives to extend the member?s term. c. Job performance

iii. A motion can be made in the Student House of Representatives to suspend an& member of the Student Council of Judges for reasons supported /ith sound evidence related to job performance. After the motion is seconded3 a vote of t/o%thirds of at least a 4uorum of the Student House of Representatives shall ma+e the member suspended. A temporar& committee of the legislative branch /ill then hear arguments for and against the suspension and ma+e a decision to reinstate3 declare a length of suspension3 or remove the judge or cler+ from her or his office. iv. !f school rules are violated b& a member3 the Staff Administration reserves the authorit& to administer its o/n conse4uences3 /hich ma& include removal from office.

Student Bill of Rights and Responsibilities

-he students of Ber+ele& High School declare the follo/ing rights and responsibilities as members of the Associated Student Bod&: '. ). ,. 6. :. <. =. E. F. ';. -he right to freedom of expression under all reasonable circumstances and the responsibilit& to not abuse this right /ith s&mbolic or actual expressions that are vulgar3 plainl& offensive3 obscene3 or sexuall& explicit. -he right to an education in a safe environment and the responsibilit& to contribute to one for all students that does not limit but provides opportunities for positive advance in societ&3 one that supports student choice and constructive ris+%ta+ing. -he right to vote in free3 fair3 and open elections for their officers and petition the ASB or Staff Administration to demand an important student issue is addressed or that an amendment to the ASB constitution considered. -he right to the opportunit& to communicate ideas for change to the decision%ma+ing bodies of Ber+ele& High School and the Ber+ele& .nified School #istrict and to demand that there be e4ualit& of educational opportunit& for all students. -he right to assemble peacefull& on school campus and the responsibilit& to bear the conse4uences of such assembl&. -he right to be secure in our persons3 papers3 and belongings3 to have them not searched unless there is reasonable suspicion of violation of school polic& or la/3 and for that search to not be abusive or excessivel& intrusive. -he right to protection and advocac& of the ASB and Staff Administration in cases of bull&ing3 harassment or discrimination against a student?s ethnicit&3 gender3 sexualit&3 age3 religion3 mental or ph&sical condition. -he right to be respected and the responsibilit& to respect others3 to learn and gro/ from our peers and staff in order to develop personal esteem. -he record in the Constitution of certain rights and responsibilities shall not be construed to den& others held b& the student bod& according to school and district policies. All students are e4uall& protected under this Constitution3 and that the ASB /ill defend these rights in cases of violation or abridgement b& an& member or authorit&.