BYLAWS OF THE GRADUATE STUDENT ASSOCIATION OF THE UNIVERSITY OF MIAMI
Ratified by the Graduate Student Executive Board and Senate on October 7, 2008. Last amended on March 24th, 2021.
ARTICLE I: PURPOSE AND AUTHORITY OF THE BYLAWS
Section 1: The Bylaws shall elaborate terms, governing structure, duties, and processes specified in the Graduate Student Association Constitution.
Section 2: The Bylaws shall serve as official governing documents of the Graduate Student Association and be recognized as such, only to be superseded by the Constitution.
Section 3: No Graduate Student Association Officer or Senator may offer amendments to the Bylaws that conflict with the Constitution.
ARTICLE II: NOMINATION AND ELECTION OF OFFICERS
Section 1: All candidates for any Graduate Student Association Executive Board office shall declare their candidacy by self-nomination at least one (1) week prior to the predetermined election date and shall submit a 250-word paragraph for distribution to all Senators. Candidates may submit simultaneous letters of intent. Candidacy may also be declared from the floor at elections, however those candidates will not appear on paper ballots.
- Paper ballots will be replaced with virtual polling ballots when the Senate meets virtually or in hybrid format
- Floor nominations may be made verbally or in writing in the chat function on Zoom
Section 2: During the consideration of a candidate by the Senate, all candidates for the same position shall leave the meeting until the presiding officer, as specified in the Constitution, calls the candidates in for questioning on an individual basis. At this time, the candidate may deliver a presentation of up to five (5)-minutes to the Senate. There will then be a brief five (5)-minute period, during which Senators can question the candidate. After questioning, the candidate shall leave upon the request of the presiding officer for the duration of open debate about the candidates.
Section 3: Only after all candidates for a particular office have been presented to the Senate and made available for questioning shall discussion begin. Candidates will be allowed to enter after the discussion period has ended.
Section 4: Voting shall be conducted by secret ballot. The Parliamentarian, or their designee, shall pass out, collect the ballots, and privately count them when they have all been submitted. In the case where the Senate meets virtually or in hybrid format, the Parliamentarian, or their designee, will have created polls for the Zoom call prior to the meeting and will adjust these polls in accordance with who is nominated from the floor. Candidates shall be elected by a majority of the filled Senate seats. In the event that no such candidate receives a majority, the Senate shall repeat the procedure with only the two (2) candidates receiving the most votes eligible. If a tie occurs, then the number of candidates allowed will be the minimum number in order for the tie to hold. A blank ballot is considered an abstention.
Section 5: Any elected Senator or current Executive Board member may submit an absentee vote for any election if their request for an absentee ballot is received via e-mail one (1) week prior to the date of the election by the Parliamentarian or their designee. To be counted, the Parliamentarian or their designee must receive all ballots by email fifteen (15) minutes before the meeting in which the live vote will occur. There is no voting by proxy.
Section 6: The voting order of positions other than President and Vice President will be the same as the order of succession, found in Article VI, Section 1 of the GSA Bylaws. Elections for President and Vice President should take place in late February of each Academic Year, followed at the very next meeting by the elections of the remaining officers of the E-Board.
Section 7: If an elected Officer vacates or is recalled from their position before the end of the term of office, the Executive Board shall preside over an election to fill vacated position(s) at the next Senate meeting. The replacement shall serve the remainder of the term.
ARTICLE III: RECALL AND APPEAL PROCEDURES
Section 1: Any Graduate Student Association Senator, Committee chair, or Committee member that is voted to be recalled by the Executive Board, as specified in the Constitution, shall be given a written notice of the recall action and the opportunity to appeal the recall action within two (2) weeks of delivery of the notice.
Section 2: Upon delivery of the recall notice, the Senator, Committee chair, or Committee member in question, shall immediately be recalled and the position held shall be considered vacant.
Section 3: If the recall action is appealed by the Senator, Committee chair, or Committee member in question within two (2) weeks of delivery of the recall notice, the recall action shall be administered as follows:
- If the recall was the result of a failure to execute his/her administrative duties as a Senator (i.e. excessive unexcused absences, inability to fulfill Committee obligations, unpaid Graduate Activity Fee, etc.) then the recall and the appeal shall be presented in the next Senate meeting. A three (3)-minute explanation of the recall action may be made prior to the vote by the President or their designee on the Executive Board. The recalled individual will also be allowed three (3) minutes to present any pertinent information regarding the reason for the appeal. Debate on the recall action will then be open to all members of the voting body. A majority of voting members present is needed to overturn the recall action.
- If the recall action is the result of misconduct or malfeasance of the Senator in question, then the Executive Board shall draw up a case presenting the accusation, materials, and witnesses, along with the Senator’s appeal, and refer the case to the Dean of the Graduate School. The Graduate School will then review the materials as presented, request additional information as needed, and then make a recommendation. The Graduate School will present their decision to the Senate and the recalled individual at the next Senate meeting after notice of appeal is given, where Senators present at the meeting will confirm or reject the Graduate School’s recommendation.
- Senators recalled for reasons that do not clearly fall within the definitions in Article III, Section 3, Parts a or b, shall refer to the appeal process in part b.
ARTICLE IV: PROCESSION OF GRADUATE STUDENT SENATE MEETINGS
Section 1: All Graduate Student Senate meetings shall take on the following order:
- Call to Order
- Special Orders
- Orders of the Senate
- Old Business
- New Business Open Forum Adjournment.
Section 2:A call to order shall be carried out by the presiding officer through verbal acknowledgement of quorum being reached. In the case where quorum has not been reached, the meeting will be postponed until such a time that quorum has been reached.
Section 3: Items that are not normally addressed in the Orders of the Senate are addressed in the Special Orders. Such items include, but are not limited to, guest speakers. Orders of the Senate are open.
Section 4: Executive Board reports, Committee reports, and ratification of minutes are addressed during Orders of the Senate.
Section 5: Items that have been tabled from the previous Senate meeting shall be addressed during Old Business.
Section 6: Items that are newly introduced to the Senate shall be addressed during New Business.
Section 7: General announcements, graduate student event announcements, points of discussion, announcements and other items relating to the Graduate Student Association are mentioned in the Open Forum.
Section 8: Adjournment of a Senate meeting occurs once a motion to adjourn passes during Open Forum.
ARTICLE V: FORMAT AND PROCEDURE FOR VOTING ON RESOLUTIONS
Section 1: Graduate Student Association resolutions must be presented in Senate meetings and sponsored by at least one (1) Officer or Senator.
Section 2: A resolution shall contain
- The number of the resolution stated as “Graduate Student Association 2020/21 Senate Resolution #001”.
- A title in capital letters beginning with, “A RESOLUTION TO”, stating the purpose of the resolution;
- The Sponsor or Sponsors of the resolution;
- A statement or statements beginning with “Whereas,” identifying the reason or reasons why the resolution should be passed by the Senate; and
- A statement or statements beginning with “Be it resolved,” identifying the action the Graduate Student Association should take, recommended or requested actions affecting graduate students that the Graduate School or the University of Miami should take, the opinion the Association should have, or the decision the Graduate Student Association should make.
Section 3: All resolutions shall be submitted to the President and Parliamentarian in writing as early as possible prior to the Senate meeting that the resolutions shall be presented in.
Section 4: Presentation and Voting of Graduate Student Association Resolutions:
- A Sponsor shall summarize in one (1) minute the content of the resolution and explain why the resolution should be passed. The presiding officer may permit more time for content summary and explanation of the resolution if requested by the Sponsor.
- The Senate may question the Sponsor or Sponsors on the content and basis of the resolution and discuss why the resolution should or should not pass based on the merits of the resolution.
- The Senate shall pass, fail, or table the resolution.
Section 5: Process for Offering Amendments to Resolutions:
- When an Officer or Senator offers an amendment to the resolution, the Sponsor may accept the amendment without objection or object to the amendment.
- If an objection is made, the Officer or Senator offering the amendment may move to discuss the amendment. If the motion passes, the Senate shall discuss only that amendment.
- The Senate shall vote to pass or fail the amendment. Once the vote is made, the Senate shall resume discussion on the whole resolution.
Section 6: Unless otherwise mentioned in the Constitution or Bylaws, passage of a resolution shall require a majority of those present and voting. A resolution resulting in a tied vote shall be considered as failed.
Section 7: If a resolution recommends or requests actions by the Graduate School, the Parliamentarian shall transmit the resolution requesting the Graduate School Dean and Senior Vice President of Student Affairs to approve, deny, or take no action on the resolution. The Graduate School Dean and Senior Vice President shall have fifteen (15) calendar days to respond to the transmitted resolution. A lack of response after fifteen (15) calendar days shall indicate that no action has been taken on the resolution. If a resolution recommends or requests actions by the University of Miami, the same course of action shall be taken in addition to referring the resolution to the appropriate entity.
ARTICLE VI. TEMPORARY EXECUTIVE FUNCTION
Section 1: In a prolonged absence or incapacitation of the President and failure of the Vice President to assume the executive duties of the President by absence from the local area, incapacitation, or by cause of vacancy in said office, then the person whose office is highest on the following list, who is in the local area, and who is able to serve shall assume the executive duties of the President for the duration of the President’s absence or inability to function.
- Parliamentarian
- Treasurer
- Secretary
- Public Relations Officer
- Webmaster
- Student Life Officer
- Academic Relations Committee Chairperson
- Student Wellness Committee Chairperson
- Committee on Graduate Student Organizations Chairperson
- Events Committee Chairperson
Section 2: Whenever the offices of President and Vice President shall simultaneously be vacant, the Senate shall convene at the earliest practical time on the call of the highest position listed in Article VI, Section 1 of the Bylaws, who shall chair as the temporary presiding officer. If no position holder in Article VI, Section 1 of the Bylaws is able to chair as the temporary presiding officer, the Senate shall elect a Senator to chair as the temporary presiding officer. Elections for these offices shall be carried out as specified in Article II of the Bylaws, with all other business delayed until said elections are completed.