Redbook Section in Question:

Bylaws II.II § 5 (2)
Bylaws I.I § 3 (1-3)
Bylaws I.II § 4 (1-3)

Date:

11/11/2020

Question (Be as specific as possible):

My question regarding Redbook is about Diversity training per both the power of the Diversity Director to hold training for all compensated members of ASUU as well as, the attendance required for all compensated members at said training. In other words, does the Diversity director have the power to host a training for all compensated members of ASUU, and are all compensated members of ASUU required to attend this training? As well as, an interpretation of the duties/powers of the Assembly and Senate chairs to host diversity training for their members.

Attorney General:

Dallas Blackburn

Text Section in Question:

Bylaws II.II § 5 (2):
2. The Director of Diversity
2.1 Duties
2.1.1 To chair and hold regular meetings of the Diversity Board;
2.1.2 To serve on the Student Affairs Diversity Council;
2.1.3 To host and organize at least two (2) Diversity and Inclusion Excellence Trainings
for all compensated officers of the ASUU Government; and
2.1.4 To serve as the ASUU Government’s liaison to all student organizations and
University offices which promote diversity on campus, in accordance with
University policies.

Bylaws I.I § 3 (1-3):
1. The Chair of Assembly shall be elected each year from among the elected body of the Assembly Representatives at the first meeting of the new Assembly.
2. The outgoing Chair of Assembly will oversee the election of the new Chair of Assembly. If the outgoing Chair of Assembly is seeking another term, the Elections Director will oversee the election of the new Chair of Assembly.
3. Powers and Duties:
3.1 To vote only in the event an Assembly vote results in a tie.
3.2 To hold an election for the Vice Chair of the Assembly.
3.3 To hold an election for the Committee Chairs.
3.4 To appoint an Assembly Parliamentarian from the elected body of the Assembly.
3.5 To appoint an Assembly Treasurer from the elected body of the Assembly.
3.6 To appoint the Chairs of the Assembly Committees from the elected body of the Assembly.
3.7 To be a member of and chair the Assembly Rules Committee.
3.8 To forward all meeting minutes onto the rest of Assembly within three (3) working days of each Assembly meeting.
3.9 To work in coordination with the Assembly Vice Chair to divide the members of the Assembly among the four Assembly Committees through an even and fair process.
3.10 To call and schedule all meetings of the Assembly.
3.11 To authorize representatives of student organizations to speak at General Assembly meetings in extenuating circumstances, at the Chair’s own discretion.
3.12 To provide public notification of all regular Assembly meetings and deadlines for legislation at least six (6) weeks prior to the commencement of each semester.
3.13 To notify Assembly Representatives of any and all special meetings at least seven (7) days prior to any such meeting.
3.14 To chair any and all meetings of the Reconciliation Committee.
3.15 To be a liaison to the executive branch and to attend all regularly scheduled Executive Cabinet meetings.
3.16 To approve or not approve proxies appointed by absent Assembly Representatives.

Bylaws I.II § 4 (1-3):
1. The Senate Chair will be elected each year from among the elected body of the Senate at the first meeting of the new Senate, which must be held no later than s after Inauguration.
2. The outgoing Senate Chair will oversee the election of the new Senate Chair. If the outgoing Senate Chair is seeking another term, the Elections Director will oversee the election of the new Senate Chair
3. Powers and Duties:
3.1 To be a voting member of the Senate only in the event a Senate vote results in a tie.
3.2 To be responsible for calling the meetings of the Senate and notifying the Senators of regular meetings at least thirty (30) days in advance unless otherwise approved by a majority vote of the Senate.
3.3 To appoint a Senate Vice-Chair, Parliamentarian, Secretary, and Treasurer from the elected body of the Senate.
3.4 To enforce Senate rules, regulations, and Bylaws.
3.5 To attend monthly meetings of the Academic Senate Executive Committee as a member with full voting privileges.
3.6 To be the chair of the Senate Executive Committee.
3.7 To be a liaison to the Executive branch and attend regularly scheduled Executive Cabinet meetings.
3.8 To serve as a voting member of the Committee on Student Affairs.
3.9 To serve on the Student Course Feedback Advisory Committee.
3.10 To appoint two (2) Student Advisory Council members to serve on the Student Course Feedback Oversight Committee.
3.11 To become the President automatically in the event that the positions of the President, the Vice President of University Relations, and the Vice President of Student Relations become permanently and simultaneously vacated per Article IV of the Constitution.
3.12 To appoint Senators to sit on university boards or committees as needed.
3.13 To appoint one (1) Senator to the Academic Senate Executive Committee. This Senator’s Undergraduate/Graduate status must be opposite to that of the current Senate Chair.

Interpretation:

The posed question is comprised of three parts. First, whether or not the Director of Diversity has the power to host diversity trainings for all compensated members of ASUU. Second, whether or not all compensated members of ASUU are required to attend these trainings. Third, whether or not the Assembly and Senate Chairs have the authority to host separate diversity trainings that is not chaired by the Director of Diversity or other people from the Diversity Board for the members of their respective chambers.

First, does the Director of Diversity have the power to host diversity training for all compensated members of ASUU? Bylaws Article II.II § 5 (2.1.3) clearly states that the Diversity Director is required to host at least two diversity trainings for all compensated officers of ASUU. Thus, the answer to this first question is the Director of Diversity has the power to host and organize diversity trainings for all compensated officers of ASUU.

Second, it needs to be determined whether or not the Redbook requires all compensated members to attend diversity trainings that are presented by the Diversity Board. While Bylaws Article II.II § 5 (2.1.3) gives the Director of Diversity power to “host and organize” diversity trainings for all compensated ASUU officers, this clause makes no mention as to whether or not attendance for these trainings are required for each compensated officer. This omission indicates that these diversity trainings cannot require the attendance of compensated ASUU officers.

The third and final question asks whether or not the Assembly and Senate Chairs have the authority to host a separate diversity trainings that is not chaired by the Director of Diversity or other people from the Diversity Board for the members of their respective chambers. By virtue of their positions, the Assembly and Senate Chairs have the power to control what trainings the Assembly Representatives and Senators are required to undergo. Thus, if the Assembly Chair and Senate Chair desire, they can require the members of their bodies to attend the diversity trainings as hosted and organized by the Director of Diversity. However, if the Chairs desire to organize separate diversity trainings that are not hosted and organized by the Diversity Board, they can choose to do so. If either or both Chairs elect to take this latter option, they must still alert the members of their respective bodies of any and all diversity trainings that are hosted and organized by the Diversity Board as those events are intended for compensated ASUU officers.