ARTICLE I--PURPOSE
SECTION 1. The Associated Students of the California Institute of Technology (ASCIT) shall exist for the benefit of undergraduates as given in the Articles of Incorporation. ASCIT shall provide representation for students to the Institute, seek to improve academic and nonacademic aspects of student life, provide universal student resources, support publications, and uphold the Honor System.
ARTICLE II--HONOR SYSTEM
SECTION 1. No member of the Caltech community shall take unfair advantage of any other member of the Caltech community.
SECTION 2. The Honor Code shall be the fundamental principle of conduct of all members of the Corporation. It shall apply to all scholastic activities as well as to relations with other members of the Caltech community.
ARTICLE III--OFFICERS
SECTION 1. CORPORATION OFFICES. The following are the elected general offices of the Corporation. Only registered undergraduates who are Corporation members shall be appointed or elected to an office of the Corporation. Undergraduates must be either a junior or a senior in the fall term immediately following their election to be elected to the offices of President or Vice President.
Office of the President: The President shall be the official representative of the Corporation, and he shall preside at its meetings. He shall be chairman of the Board of Directors and have ultimate responsibility for proper observance of all responsibilities delegated to officers of the Corporation.
Office of the Vice President of Academic Affairs: The Vice President shall serve as chairman of the Academics and Research Committee and shall be responsible for improving the academics of the Institute for all undergraduates. He shall work with the Board of Control Chairman towards the continuance and improvement of the academic aspects of the Honor System.
Office of the Vice President of Non-Academic Affairs: The Vice President shall serve as chairman of the Interhouse Committee and shall be responsible for liaison between ASCIT and the various House organizations. He shall work with the Conduct Review Committee Student Chairman towards the continuance and improvement of the non-academic aspects of the Honor System.
Office of the Director of Operations: The Director of Operations shall act as liaison to publications officers and ensure they comply with the Bylaws and policies of the Board of Directors. He shall have direct charge of all Corporation property. He shall act as liaison to and maintain a running file of all ASCIT supported and related student organizations.
Office of the Treasurer: The Treasurer shall receive all money belonging to the Corporation and shall deposit it to the credit of the Corporation. He shall keep a full account of money expended and received and make a report of such account once a term at a regular meeting of the Board of Directors, and at such time as the Board of Directors may desire.
Office of the Director for Social Activities: The Director for Social Activities shall be chairman of the Executive Social Committee. He shall be responsible for the organization of the Corporation's social activities and shall coordinate them with the social activities of the undergraduate Houses.
SECTION 2. APPOINTED OFFICES. The following are the appointed offices of the Corporation.
Office of the Secretary: The Secretary shall keep a record of the proceedings of the meetings of the Corporation and the Board of Directors and publicly post the proceedings. He is responsible for publicly posting notices of all meetings of the Corporation. He shall oversee communications and act as custodian to the records, the Corporation seal, and the archive. He shall act as liaison to the Board of Directors for all non-academic committee student representatives. The Secretary shall maintain the official copy of the Bylaws, Resolutions, rulings of the Review Committee, and Board of Directors Policies and Procedures.
SECTION 3. The following elected offices are open to all registered undergraduates: Board of Control Chair, Board of Control Secretary, Conduct Review Committee Student Chair, and Tech Editor(s).
SECTION 4. In the event of the absence of the President, the order of succession for assuming the duties of his office shall follow the order the offices are presented in these Bylaws until the Review Committee has appointed an Acting President.
SECTION 5. If an officer ceases to be a registered undergraduate, he shall retire from that office or may petition the Review Committee for permission to continue with the exception of the offices of Board of Control Chair and Board of Control Secretary who may not petition.
ARTICLE IV--THE BOARD OF DIRECTORS
SECTION 1. MEMBERSHIP. The Board of Directors shall consist of the general elected officers of the Corporation. No person shall be elected to more than one office that would entitle him to a seat on the Board of Directors.
SECTION 2. The Board of Directors shall require all officers of the Corporation to comply with its provisions. It shall exercise all other powers in connection with the affairs of the Corporation not delegated to other persons or agencies or reserved for the Corporation itself. The Board of Directors shall have the responsibility to recognize, investigate, and discuss the long-range and immediate problems of the Corporation, and to make use of qualified people both within and outside the Board of Directors.
(a) It shall have the ultimate power to authorize budget assignments and expenditures and shall adopt a general budget at the beginning of each fiscal year. (b) It shall have the power to make awards and appointments as provided in these Bylaws. (c) The Board of Directors may form temporary committees responsible to itself, for the investigation and discussion of Corporation problems. (d) It shall have the power to pass Resolutions concerning policy and operations of the Board of Directors.
SECTION 3. MEETINGS. Meetings of the Board of Directors shall be held at least once a week--except during Rotation, final examinations, and vacations--at the call of the President, or of any two members of the Board of Directors. Four members shall constitute a quorum. Issues concerning the full Board of Directors will take precedence over business concerning only a portion of the Board.
SECTION 4. STAFF. The Board of Directors may choose to create staff positions to assist with the responsibilities of officers of the Corporation, with the approval of the Review Committee. Staff positions must be voted upon in a Board Resolution. The officer receiving assistance is directly responsible for the activity of their staff. All staff positions and resolutions expire upon retirement of the associated officer and cannot be reappointed without reapproval of the position and resolution by the Review Committee.
SECTION 5. RESOLUTIONS. The Board of Directors may pass Resolutions upon approval of four members. The Secretary shall record and make public all Board Resolutions. Resolutions concerning the formation of a committee or office shall require the approval of the Review Committee. Approved staff positions and their duties will be recorded in a Resolution.
SECTION 6. POLICIES AND PROCEDURES. The Board of Directors shall adopt policies and procedures to carry out its duties in accordance with these Bylaws. These policies and procedures may be amended upon approval of four members. Any significant change must be announced to the Corporation at least one week prior to its enactment.
ARTICLE V--COMMITTEES
SECTION 1. The Academics and Research Committee shall consist of the Chairman, a Secretary appointed by the committee, one member elected from each of the houses, and at least two additional members appointed by the committee. The House-elected members shall be elected during second term each year using procedures determined by each House. They shall assume office at the start of third term. The Committee shall be responsible to the Board of Directors for actively enhancing the academic and research experience available to undergraduates at the Institute. The Committee shall act as the nominating committee for all academic committees. The Committee Secretary shall serve as liaison to all academic committees.
SECTION 2. The Interhouse Committee is a body entirely separate from the Corporation, existing to fulfill the purpose outlined in its Definition and is derived from the Institute undergraduate residential House System. The Committee represents the members of the Houses to the Board of Directors via the Interhouse Committee Chairman. The Board of Directors defers some of its responsibilities regarding committee appointments, Institute representation, and intramural sports to the Committee.
The Interhouse Committee shall act as the nominating committee for all non-academic Faculty Board committees. All recommendations made by the Committee by three weeks before the end of the academic year will be approved by the Board of Directors. For positions the Interhouse Committee has not made recommendations by that time, the Board of Directors and previous committee representatives may act as the nominating committee at the discretion of the President.
SECTION 3. The Executive Social Committee consists of a Chairman, one member elected from each of the Houses, and at least three of additional at-large members appointed by the committee. The Committee shall be responsible for planning and organizing all social functions of the Corporation and shall meet at least once each month of the academic year.
ARTICLE VI--REVIEW COMMITTEE
SECTION 1. MEMBERSHIP. The Review Committee shall have a Chairman and voting members consisting of one ASCIT member from each undergraduate House selected by the Interhouse Committee before the beginning of the third term. Members of the Board of Directors may not serve on the Review Committee.
SECTION 2. DUTIES. The Review Committee shall have the power to interpret the Bylaws. The Committee will oversee all Corporation elections and appointments. It shall have the sole power to consider the validity of protests, to reschedule invalidated elections, and to appoint persons to fill vacancies in the Board of Directors. The Committee will verify that the Resolutions and policies and procedures of the Board of Directors are in accordance with the Bylaws and that the Board follows the Bylaws, Resolutions, and policies and procedures. The Committee may initiate the recall election of any officer without petition.
SECTION 3. MEETINGS. The Review Committee shall be held at least once each month of the academic year at the call of the Chairman of the Committee, any two members of the Committee, or a petition of 10% of Corporation members. Rulings shall be made by a two-thirds vote. A record of rulings shall be maintained by the Corporation Secretary.
ARTICLE VII--ELECTIONS, APPOINTMENTS, AND PROCEDURES
SECTION 1. Election Periods. Nominations for all elected offices shall open at 8 A.M. on the fifth Monday of second term and shall close at 5 P.M. the following Friday.
All nominated candidates shall be listed on a ballot and voted upon at elections to occur the Monday immediately following the closing of nominations for the offices.
SECTION 2. Announcements. The Review Committee Chairman shall publish an announcement in the issue of The California Tech immediately preceding the opening of these nominations. Only nominations for current ASCIT members shall be considered valid. The Review Committee Chairman shall compile a list of candidates and confirm that those candidates accept the nomination. The California Tech and Donut shall publish that complete list of nominated candidates and any statements they wish to make. The Review Committee Chairman shall post nomination sheets, announce nominations, and announce when the election is to be held.
SECTION 3. Voting Procedures. Voting shall be conducted online. Voting will take place from 10:00 A.M. to 11:59P.M. on the day of the election. Error shall be defined as the sum of the absolute differences between the number of votes and the sum of the number of voters registered on Donut. Absentee ballots shall be allowed in the case of a voter who expects to be absent on the day of an election. Absentee ballots must be filed with the Review Committee Chairman no later than the midnight prior to the election. Voting by proxy is prohibited. All ballots shall be cast secretly.
SECTION 4. Voting Privileges. All registered undergraduates may vote for the Board of Control Chairman, the Board of Control Secretary, the Interhouse Committee Chairman, and the Conduct Review Committee Student Chairman. Only members of the Corporation may vote for other elected officers.
A voter may cast no more than one ballot in each election.
SECTION 5. Ballot Procedures. Each voter shall rank the candidates for each office in order of descending preference, with 1 (first Rank) representing the most preferred. For the first Rank, the voter may choose one of the following:
(a) a nominated candidate,
(b) any other legally qualified person,
(c) the word "NO,"
(d) abstaining.
For Second Rank (2) and subsequent Ranks, "NO" is not permitted. No candidate may be ranked twice, and no candidates may be ranked equally. A voter may abstain at any point in the ranking by leaving the remaining Ranks blank. A ballot conforming to these guidelines shall be considered correctly-cast.
SECTION 6. Counting Procedures. In order to win the election, a candidate must receive an absolute majority of votes. Absolute majority shall be defined as more than half the error plus half the number of correctly cast non-abstaining votes. The Review Committee shall conduct the Count Process as follows:
(a) For each office, all correctly cast ballots shall be organized and counted according to first Rank votes. If no candidate receives more than the number of "NO" votes, then there shall be a vacancy in that office. If not, the "NO" votes shall be distributed among the candidates according to Second Rank.
(b) If no candidate has an absolute majority of votes, the candidate with the least number of votes shall be eliminated, and each of that candidate's ballots shall be redistributed among the remaining candidates by next available choice ranked. If all remaining candidates on a ballot have been eliminated, then that ballot shall be considered an abstention.
(c) If a candidate now has an absolute majority of votes, that candidate wins. If not, steps (b) and (c) shall be repeated until a winner has been determined.
SECTION 7. Ties. A tie shall be defined as the situation in which the absolute difference between the vote totals of two or more candidates is less than or equal to the error.
If a tie occurs among candidates in last place at any point in any count process, the votes of one of the tied candidates shall be distributed, and the count process continued until a potential winner is found. This shall be repeated for each of the other tied candidates, until all such potential winners are found. If the same candidate emerges as the potential winner in all cases, then that candidate wins. If no consensus is found, then all correctly-cast ballots shall be reorganized and counted according to preferences for only the potential winners, using the procedure in Section 6. The candidate receiving an absolute majority of votes shall be elected. If a tie occurs among all remaining candidates, the election shall be ruled indeterminate, and another election shall be held the Friday following the initial election. In this Second Election, voters may rank only the remaining candidates or abstain. Write-in candidates and "NO" shall not be allowed. The Count Process shall follow the procedure in Section 6.
In the event of a tie among all remaining candidates in the Second Election, a Corporation meeting shall be convened within ten days after the reporting of the tie, and all scheduled elections shall be postponed until after the meeting. A debate between the remaining candidates shall be held at the meeting, under guidelines established by the Review Committee. Immediately after the debate, a final Election shall be held. Procedures shall follow those of the Second Election, except that voting shall be open for a period of four hours following the Corporation meeting.
SECTION 8. Reporting The Review Committee Chairman must release and post the report of the Review Committee no earlier than 11:59 P.M. on the first day following the election and no later than 10:00 A.M. the second day following the election. This report shall be posted on Donut. Numerical results will not be made public until all officers have been elected. All protests must be given in writing either to the President or the Chairman of the Review Committee. If no protests are received prior to 11:59 P.M. on the first day following the election, the report of the Review Committee will be considered valid and final. Upon receipt of a valid protest, all scheduled elections must be postponed for one week, pending resolution of the difficulty. All contested election results shall be withheld until all protests for the respective elections have been resolved.
SECTION 9. Installations Installation of the officers shall take place at the first meeting of the Board of Directors following the completion of officer elections. An oath of office shall be administered by the retiring President to the incoming President which may take the following form: "I do solemnly swear that I will support the Articles of Incorporation of the Associated Students of the California Institute of Technology, Incorporated, and that I will discharge the duties of the office to which I was elected to the best of my ability." The incoming President shall administer the oath of his choice to the incoming Board of Directors.
SECTION 10. Retirement All general officers of the Corporation shall retire immediately upon the installation of their respective successors.
SECTION 11. Vacancies. In the event of a vacancy of any elected office due to "NO" winning the election, the current officer holder will not be forced to retire their position. Upon retirement, the Review Committee may appoint an acting officer to fill the office and perform all of its duties.
In the event of a vacancy of any elected office not due to an election decision, the Review Committee may appoint an acting officer to fill the office and perform all of its duties.
The Review Committee shall convene within two weeks of notification of the vacancy to either appoint an acting officer or defer appointment of an acting officer to a special election. A special election to replace an acting officer may be initiated by a petition of 10% of students allowed to vote for that office. If the vacancy resulted from recall of an elected officer, special election to replace the recalled officer occurs automatically. The Review Committee may choose to defer any acting officer appointment to a new special election. During these special elections, standard election procedures shall be followed with the exception that the nominations will be opened on the Wednesday immediately following the deferral decision of the Review Committee or the presentation of the petition to the Review Committee. An individual may have no more than one vote despite performing the duties of more than one Board of Directors office.
In the event of a vacancy of any appointed position, the body with original appointment power may restart their standard appointment decision process.
If an officer for any reason finds he will be unable to perform his duties for five consecutive weeks, he must retire or petition the Review Committee for permission to continue his office.
SECTION 12. Appointments. The Corporation Secretary shall announce the availability of any open Board of Director appointed offices and publicly post a nomination sheet. Application periods for the appointed offices shall be opened as soon as possible after the first meeting of each new Board of Directors. Application periods shall remain open at least one week.
The Board of Directors shall interview these applicants for appointed offices. The interviews and appointments shall be closed, but the Board of Directors may invite certain individuals to assist with the interview and the selection.
Appointments to these offices shall be made by the Board of Directors no later than two weeks after the application period for those offices are closed. The Board of Directors shall complete their interviews and decisions before the beginning of the third term.
SECTION 13. Non-election votes. For non-election votes, the winning proposal must receive an absolute majority of votes. Absolute majority is defined as follows:
(a) In votes requiring a simple majority, absolute majority shall be defined as half the error plus half the number of correctly-cast non-abstaining votes.
(b) In votes requiring a two-thirds (2/3) majority, absolute majority shall be defined as two-thirds (2/3) of the error plus two-thirds (2/3) of the number of correctly-cast non-abstaining votes.
ARTICLE VIII--RECALL
SECTION 1. Any elected officer may be recalled in a special election. A special election shall be held upon presentation of a petition bearing the signatures of twenty percent (20%) of those eligible to vote for the office or by request of the Review Committee. Signatures will be valid only if the petition was signed not more than seven days before it was submitted to the Board. On the question of whether or not the officer shall be recalled, an affirmative vote from two-thirds (2/3) of the voters shall suffice to remove him from that office; otherwise he shall continue.
SECTION 2. Any Board of Director appointed officer may be recalled by a two-thirds vote of the Board of Directors.
SECTION 3. In the event of a successful recall of an elected officer, nominations will open the Wednesday immediately following the removal of the ejected officer and a special election following standard elections procedures will be held within two weeks. The successor will take office immediately upon election.
In the event of a successful recall of an appointed officer, applications for the office will open immediately and the standard appointment decision process will be concluded within two weeks.
SECTION 4. Any appointed committee member may be recalled by a two-thirds vote of the body with the corresponding appointment power.
ARTICLE IX--FISCAL
SECTION 1. DUES. The Corporation dues shall be payable on registration day of each term at the rate given in the schedule below:
Fall: $25.00 Winter: $25.00 Spring: $25.00 Total: $75.00
Dues for each term shall be non-refundable after add day of said term. Of the dues, 10% each term shall be for a subscription to The California Tech.
SECTION 2. BUDGET. Upon entering office, the new Board of Directors shall adopt a budget to govern all Corporation expenditures for the following fiscal year.
SECTION 3. AUDIT. All the books of account of the Corporation including those of the Big T and The California Tech shall be submitted by the Treasurer to a certified public accountant at the end of each fiscal year for auditing. The fiscal year shall begin March 1 and end on the last day of February. The audit shall cover the entire fiscal year concerned, including all checks and bank statements, purchase orders, bills, and receipts.
SECTION 4. CHECKS. The President and Treasurer shall have the power to sign the checks of the Corporation.
SECTION 5. BIG T ASSESSMENT. Each Corporation member will be assessed thirty-six dollars ($36) for the Big T, payable on the days of registration at the rate of twelve dollars ($12) per term. A member withdrawing before the end of third term may either receive a refund for installments paid, or complete the payments and receive an annual. Before the end of third term, a member who does not wish to receive a copy may, upon written request to the Business Manager of the Big T, receive a refund of any installments paid toward that year's book.
ARTICLE X--PUBLICATIONS
SECTION 1. The official publications of this Corporation are:
(a) California Tech, a newspaper published at least once a week, except during finals and vacations,
(b) Big T, an annual published once a year,
(c) little t, a student handbook published once a year,
(d) Totem, a literary art anthology published once a year,
(e) Donut, a website.
SECTION 2. The officers of these publications are:
(a) for The California Tech: Editor(s), elected by the Corporation; and Business Manager, appointed by the Board of Directors.
(b) for the Big T: Editor(s) and Business Manager, both appointed by the Board of Directors.
(c) for the little t: Editor(s) and Business Manager, both appointed by the Board of Directors.
(d) for Totem: Editor(s), appointed by the Board of Directors.
(e) for Donut: A Development Team, approved by the Board of Directors.
SECTION 3. The officers of each publication are solely responsible to the Board of Directors for that publication's success. The Board of Directors may make recommendations to the publication's officers in regard to policy or finances. The Board of Directors is ultimately responsible for the circulation and finances of the publications. The Director of Operations shall be responsible for maintaining communication with publication officers on the progress of publications.
SECTION 4. The Editor(s) of each publication is responsible for the selection and preparation of all content of that publication exclusive of advertising material. He is responsible for meeting deadlines agreed upon with printers or other contractors. His responsibilities terminate after the publication is printed.
SECTION 5. The Business Manager of each publication is responsible for all funds belonging to that publication. The Business Manager is the only one empowered to transact business in the name of a publication. His responsibilities terminate after distribution of the publication, invoicing of all advertising and receivables, payment of outstanding bills, preparation of adequate financial records, and, in the case of the Big T and the little t, the collection of revenues from advertising and other sources. If no Business Manager is appointed for the publication, these responsibilities are also those of the Editor(s).
SECTION 6. Receiving ASCIT funding is contingent upon the following conditions. All publications must be completed and distributed to students in a timely manner. The Tech shall publish ASCIT minutes, the Interhouse Committee Rotation schedule, and the candidates list and statements for ASCIT elections. The Articles of Incorporation, these Bylaws, Board of Director Resolutions, and rulings of the Review Committee shall be kept current on the Donut website and published each year in the little t in completely amended form. Donut must also make posting announcements, minutes, and general information convenient for Board members. The Review Committee shall mediate disputes between the publication officers and the Board.
ARTICLE XI--PRIVILEGES OF MEMBERSHIP
SECTION 1. All members of the Corporation shall be entitled to:
(a) The right to hold a Corporation office, in accordance with the provisions of these bylaws.
(b) One vote in each corporate election.
(c) One subscription to all Corporation publications.
ARTICLE XII--CORPORATION MEETINGS
SECTION 1. Corporation meetings may be called at any time by the President or the Board. Twenty-five percent of the membership shall constitute a quorum.
SECTION 2. The Corporation may exercise all powers consistent with the Articles of Incorporation and these Bylaws. In all questions of procedure for which provisions are not made in the Bylaws, the current edition of Robert's Rules of Order shall determine the rule.
ARTICLE XIII--THE BOARD OF CONTROL
SECTION 1. PURPOSES AND DUTIES. The Board of Control shall review all cases of alleged violations of the Honor System and shall make recommendations to the Dean of Students for action in those cases in which a violation is found to have been committed. All defendants will be asked if they wish the Associate/Assistant Dean of Students to participate in the Dean's review of the Board's recommendations. Violations of the Honor System may be brought to the attention of the Board by any member of the Caltech Community.
SECTION 2. MEMBERSHIP. The activities of the Board of Control will be reviewed and be led by the Chair of the Board of Control. In addition to the Board of Control Chair, the Board will consist of the following members: the Secretary of the Board of Control, two members appointed by the Board of Control, one member for each of the undergraduate houses, elected by the members of that House, and one elected by students living outside of the Houses.
(a) The representatives from the Houses shall be elected each year in accordance with the election procedures determined by the House. A candidate may declare his candidacy in any House, but all students shall vote in the House with which they are affiliated at the time of the election. Students not affiliated with any House may register to vote in the House of their choice. Students not registered nor affiliated with a House at the time of the election may not vote.
(b) A candidate may declare his candidacy in any House, but all students shall vote in the House with which they are affiliated at the time of the election. Students affiliated with more than one House may only vote in one House.
(c) The Board of Control shall appoint two members from the undergraduate student body at large for a term of office not to exceed one year. All applicants must be interviewed by the Board of Control.
(d) Students living outside the houses and associated off-campus alleys shall be eligible to elect one representative in an annual election organized according to procedures determined by the electors. Ballot box(es) shall be set out in place(s) including but not limited to Avery House at the time of this election. Eligible students who choose to vote in the election for off-campus Board of Control Representative may not vote for Board of Control Representatives in one of the houses.
(e) Only registered undergraduates may serve on a case of the Board of Control.
(f) In the event that a Board of Control member fails to register or takes a leave of absence at any time during his term of office, said member shall retire from that office immediately.
(g) In the event that a Board of Control representative from the Houses retires before his term of office expires, the House shall elect a replacement for the remainder of the term of office in accordance with the election procedures determined by the House.
(h) These representatives at large shall be chosen after ASCIT elections but before the swearing in of the new officers. They shall assume office at the time the Board of Control Chair is installed.
(i) In the event that a Board of Control representative at large retires before his term of office expires, the Board of Control shall appoint a replacement from the undergraduate student body at large for the remainder of the term of office.
SECTION 3. RULES OF PROCEDURE.
(a) When a suspected violation of the Honor System is reported to the Board, the Chairman or Secretary, and one other Board member will conduct a preliminary investigation to examine all relevant facts. They may require any persons involved to discuss their knowledge of any information concerning the case. The Chairman and Secretary will determine whether or not the case will be brought to a hearing of the full Board.
(b) During the preliminary investigation, all potential defendants will be informed of any current or former Board members or House presidents who may hear the case.
(c) When a case is brought to a hearing of the full Board, the Board will make three decisions:
1. Whether or not an Honor System violation has been committed.
2. How to nullify the advantage that has been taken.
3. How to protect the Caltech Community.
(d) All persons appearing before the Board at a hearing or a preliminary investigation will be informed of the reasons for their presence.
(e) Persons who feel that they have been unfairly treated by any members of the Board or that their personal rights have been violated may make appeals to the Dean of Students.
(f) The preliminary investigators shall not have a vote on the Board.
(g) No Board representative shall conduct any investigation outside a hearing except at the instruction of the Chairman.
(h) Seven (7) voting members of the Board shall constitute a quorum.
(i) In case of absence or disability of the Chairman, the Board shall select a temporary chairman from among their number who, while acting as Chairman, shall not have a vote. In the case of absence of the Secretary, the Chairman shall appoint a temporary Secretary, who shall not have a vote, from among those who are present or past Board members (see subsection (j)).
(j) If a Board member feels unable to render an unbiased judgment in a particular case, that member should disqualify himself. Furthermore, no member of the Board shall sit in judgment of his own case.
(k) If a defendant feels that particular Board members are unable to render an unbiased judgment, a request may be made to the Chairman or the Dean before the start of the full Board hearing that those members not sit on the case.
(l) If made necessary by subsections (g),(h), or (i) in order to maintain a full quorum of the Board, the Board shall reserve the right to ask any past members of the Board of Control to serve on a case, contingent on a three-fourths (3/4) vote of the remaining voting Board members. In the case that full quorum is not met using all eligible current and past members, the Board reserves the right to ask the House Presidents to serve on the case. Each House President must be approved by a three-fourths (3/4) vote of the remaining Board members. All those serving on a case are bound to secrecy as stated in subsection (s). House Presidents who have served on a case are not considered former members of the Board of Control. Accordingly, past House Presidents (unless current or former Board members) may not serve on a case.
(m) Any person asked to attend a preliminary investigation may be accompanied by any current or former Board member of his choice.
(n) A defendant attending a hearing of the full Board may be accompanied by any one member of the Caltech community of his own choosing. This person may accompany the defendant during waiting periods, and at any part of the hearing where the defendant is present. This person must not disrupt or interefere with the proceedings of the Board in any way, and shall be immediately removed at the Chair's discretion if such disruption occurs. This person will be bound by secrecy as set forth in subsection (s) for all witnesses.
(o) A defendant attending a hearing of the full Board may ask the Chair at any time for permission to hold a short, private recess with a Board member of the defendant's choice. Any new information pertaining to the case revealed in this conference will be shared with the full Board. The member shall remain able to vote on the case.
(p) Before the Board votes to convict, the defendant will be shown all physical evidence pertaining to his case and given a reasonable opportunity to respond.
(q) Before a vote for conviction or dismissal, all aspects of the case must be thoroughly considered. A three-fourths (3/4) vote of voting members of the Board present shall be necessary for any decision of the Board except case dismissal or the tabling of a case, which shall both require a simple majority.
(r) No decision of a previous Board shall be revoked, unless the Board is convinced that new evidence or changed conditions change the status of the original case, or upon recommendation of the Dean.
(s) Any records of the proceedings of the Board are to be kept only by the Secretary. The official minutes of proceedings resulting in convictions shall be kept by the Secretary in a minute book of the Board of Control. This book shall be kept under lock and key by the Dean of Students. The Chairman and the Secretary shall have the sole power to get the minute book from the Dean and shall do so only on official business of the Board. All other records shall be destroyed by the Secretary.
(t) The official minutes of proceedings resulting in convictions shall include the names of all persons concerned, the decisions reached by the Board with corresponding vote tallies, a description of any previous convictions, as well as the names of the members of the Board present.
(u) The Board of Control has the right to collaborate with the Graduate Review Board, the Dean of Students, the Director of Residence Life, and the Conduct Review Committee.
(v) In cases resulting in conviction, the Chair and Secretary must make clear to the defendant the Board's basis for its decisions, including but not limited to the main line of reasoning that led to conviction.
(w) All those appearing before the Board, and the Board itself, are expected to maintain absolute secrecy regarding case meetings of the BOC. Divulgence of any of the proceedings shall be considered a violation of the Honor System. Should the defendant wish to discuss the issues involved in his case with others, after his case has been completed, he may do so at any time, provided no portion of the case that concerns other defendants is made public without the permission of those persons. However, once the defendant initiates discussion, witnesses in the case are no longer bound to secrecy. If, in a particular case, the Board shall deem it wise to make known the proceedings of the Board, the Chairman shall be empowered to, upon resolution of the Board, to convey such information without disclosing the names or identities of any persons involved.
(x) When a case is reported to the Board by some member of the Community, the Board will inform this member that the case is being considered. If any grade changes or status changes are necessary, the appropriate faculty member or administrator will be notified of the need for such changes at the close of the case.
(y) When a case involves both a undergraduate and graduate defendant, the Chairman and Secretary may conduct the preliminary investigation with the Chairman and Secretary of the Graduate Review Board. The Chairman and Secretary of the Graduate Review Board may also sit in on the Board hearing for the case and shall not have a vote. The Graduate Review Board shall have access to the records for this case.
(z)The Dean of Students will review all cases resulting in conviction conducted by the Board of Control. The Dean reserves the right to call for a reinvestigation of any case resulting in conviction upon suspicion of bias, incomplete information, or if additional relevant evidence becomes available.
(aa) OATH. The oath taken by all persons appearing before the Board of Control shall be: "I do solemnly swear (or affirm) to tell the truth, the whole truth, and nothing but the truth."
ARTICLE XIV--CONDUCT REVIEW COMMITTEE
SECTION 1. The position of Conduct Review Committee Student Chairman is not a Corporation office and shall be open to any undergraduate. Procedures for electing the Conduct Review Committee Student Chairman will follow those as outlined in Article VIII.
SECTION 2. MEMBERSHIP. The student representatives on the Conduct Review Committee shall consist of the Conduct Review Committee Student Chair, one representative from each of the undergraduate houses, elected by the members of that House, and one member elected by students living outside of the Houses.
(a) The representatives from the Houses shall be elected each year in accordance with the election procedures determined by the House. A candidate may declare his candidacy in any House, but all students shall vote in the House with which they are affiliated at the time of the election. Students not affiliated with any House may register to vote in the House of their choice. Students not registered nor affiliated with a House at the time of the election may not vote.
(b) Students affiliated with more than one House may only vote in one House.
(c) Students living outside the houses and associated off-campus alleys shall be eligible to elect one representative in an annual election organized according to procedures determined by the electors. Eligible students who choose to vote in the election for off-campus Conduct Review Committee Representative may not vote for Conduct Review Committee Representatives in one of the houses.
(d) In the event that a Conduct Review Committee representative from the Houses retires before his term of office expires, the House shall elect a replacement for the remainder of the term of office in accordance with the election procedures determined by the House.
ARTICLE XV--AMENDMENTS
SECTION 1. These bylaws may be amended in the following manner. The amendments may be proposed by official action of the Board of Directors, or by submission to the Board of Directors of the proposed amendment signed by twenty percent (20%) of the members of the Corporation. The President shall then call an election of the Corporation within fifteen (15) days after the proposal of the amendment.
SECTION 2. No Bylaw amendment concerning the Board of Control or the Conduct Review Committee shall be made by any vote restricted to Corporation members. Such amendments may be proposed by official action of the Board of Directors, or by submission to the Board of Directors of the proposed amendment signed by twenty percent (20%) of the registered undergraduate students. The President shall then put the amendment to a vote open to all registered undergraduates within fifteen (15) days after the submission of the amendment.
SECTION 3. Notice of the election and a complete statement of the amendment shall be posted and published at least seven (7) days previous to the election. For passage, an amendment must receive a two-thirds (2/3) majority vote.
ARTICLE XVI--ADOPTION
SECTION 1. These bylaws shall become operative immediately upon passage.