SG’s rules and FAU’s rules

In the UP‘s latest cover story, “Maher’s Money,” I wrote that the SG President must maintain at least a 2.5 GPA.

According to Article IV, Section 2, subsection A of SG’s constitution:

The student must have a minimum overall cumulative and previous
semester GPA of 2.5.

Turns out that’s wrong.

According to section 10(f)3 of FAU regulation 4.006 (which governs SG’s and other student organizations’ rules):

To be eligible to hold elected or appointed office in any  Student Organization, a
student  must  meet  University  standards.

Maintain  a  2.7  or  higher  for  cumulative  and  previous  term  institutional
grade  point  average  and  be  in  good  academic  standing  in  their
undergraduate,  graduate  or  professional  program  to  run  and  hold  the
Student Government positions of Student Body President, Vice President,
Campus Governor and Student Court Justice.

And according to Section X, Section 1 of SG’s constitution:

The provisions of the Student Body Constitution are
governed by and subordinate to the Constitution and laws of the United
States and the State of Florida as well as the regulations and policies of the
Board of Governors and the Regulations and policies of Florida Atlantic  
University.

Emphasis mine.

So there you go. Looks like the rules governing SG extend beyond their constitution and statutes.

Come to think of it, I did point out an apparent SG-FAU contradiction in an opinion piece a few weeks ago. Back then, I wrote:

It’s arguable that SG statutes 407.313 and 458.312 allow SG’s president and campus governors (respectively) to make legislation official without the VPSA’s approval. However, no known SG official has tried this.

According to those statutes, if — after 7 academic days — the president or campus governor (respectively) does nothing with legislation that they’ve received, then that “legislation shall be considered enacted and carry the force of law.”

One could argue that the president of campus governors could just let legislation become officially binding by doing nothing, and therefore bypassing the VPSA. (For those not in the know, the regular legislative process goes: Legislative branch –> Executive branch –> VPSA)

Of course, knowing that university regulation trumps SG’s rules, it may be worth it to check out regulation 4.006 once more. According to section (4)(c) of 4.006:

All Student  Government  internal  procedures,  including  but  not  limited  to  all
constitutions, statutes and other legislative acts, are subject to the approval of the
University’s Board of Trustees prior to implementation.  … The  Senior  Vice  President  for  Student  Affairs  may  approve  all  other Student Government internal procedures on behalf of the Board of Trustees, other
than Student Government’s constitution.  Any internal procedures approved by
the  University  President  or  Senior  Vice  President  for  Student  Affairs                                                                                            shall  be consistent  with  law,  FAU  and  Florida  Board  of  Governors’  policies  and
regulations, and the best interests of the FAU student body.

Emphasis mine.

If FAU’s rules trump SG’s rules, then it seems that reading SG’s rules might not be enough to know SG’s rules.

I’ll look into this.

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One Response to “SG’s rules and FAU’s rules”

  1. federal, state, and local laws trump SG statutes and FAU regulations. the florida legislature created the student governments at state institutions (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1004/Sections/1004.26.html). nowhere in the state statutes does it say anything about the VPSA being the final decider of what is to be enacted and what isn’t. According to state statutes, FAU regulation 4.006 is ILLEGAL as it takes the power that the state has given student governments out of the hands of the students and into the administrators. If you want a story try starting with why Dr. Brown came to FAU and what policies came into effect once he got here (cough, 4.006, cough).

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