Executive Order #0004

August 12, 2013

Outlining the procedure for the suspension and revocation of a CLAS charter

The Charter Clarification Act, ratified by the Assembly in February 2013, gives the President the
sole authority in all matter of charter and revocation thereof, as accorded by the Brooklytn
College Governance Plan. The order below outlines the procedure which shall be used to
suspend or revoke any CLAS charter herein.

Section 1: Determining what constitutes cause.

Section 15.2 of the CUNY Bylaws allows for the suspension or revocation of an organizations
charter after a hearing with cause. For the purposes of CLAS Student Government and for the
purpose of suspension and/or revocation proceedings shall be defined as follows:

a) Violation of, or failure to comply with, on the part of the organization, CLAS Student
Government policy: including Assembly legislation and Executive Orders.
b) Violation of, or failure to comply with, on the part of the organization, Brooklyn College
Policy, CUNY Policy, or local/state/federal law.
c) The gross misuse of student funds or student space.
d) The organization as a whole actively works against the educational mission of Brooklyn
College, or the strategic goals of CLAS Student Government.
e) The existence of the organization no longer serves any measurable benefit to the
students of Brooklyn College beyond the organizations executive board.
f) The organization has not been registered in two years.

Section 2: The scheduling of the hearing

Upon an allegation of an infraction which may potentially constitute clause as defined in section
1, a hearing can be called in any one of the following ways:

a) At the determination of the CLAS President,

 b) At the resolution of the majority of the CLAS presidential cabinet,
c) A resolution of the CLAS Assembly,
d) A petition constituting ten percent of the student body.

A student who wishes to allege an infraction should contact the CLAS President, or one of the
other groups mentioned above.

The hearing shall be called to question the status of the organizations charter. After the hearing,
a determination will be made as to the future of the charter.

Section 3: Notice of a hearing

Notice of the public hearing shall be made no later than seven days prior to the hearing in the
following manner:

a) A post on the public-notice board outside room 311D of the Student Center
b) A post on the CLAS website (the Facebook page until the website is operational).
(http://www.facebook.com/CLASStudentGovernment)
c) A listing on the CLAS public meeting calendar (http://tinyurl.com/kw893am)
d) In the case of a registered student organization, an email notification to the
organizations administrative liaison and student government liaison (if assigned).
a. It is the responsibility of the organizations president to make sure that the
administrative and student government liaison have accurate contact
information for organization officers. CLAS Student Government will not be
responsible for a delay in notification if it is due to the administrative or student
government liaison not having accurate contact information.

If notice is not given in time, the hearing must be rescheduled.

Section 4: The hearing

A. The panel

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The president shall appoint a panel for the hearing consisting of at least three and no more than
seven members. A majority of the panel must be elected members of student government. The
president may or may not sit on the panel at his/her discretion.

The president shall serve as chairman of the panel; if the president chooses not to sit on the
panel s/he must appoint a chairman. It will be the chairmans responsibility to run the hearing,
enforce all the rules of the hearing, and if the president does not sit on the panel, to provide the
panels formal recommendation to the president.

The panel does not have any decision-making authority. Its sole function is to assist the
president in determination of an infraction constituting cause occurred, and to make a
recommendation to the president as to how to proceed. The sole decision-making authority
rests with the president.

B. Time of hearings

Because of the propensity for these hearings to take long periods of time, and in an effort to
ensure that all those who wish to speak can be heard, the hearings should only be scheduled
during common hours (including Thursdays), evenings after 5:30pm, or on Friday mornings.

C. Open Information and Accessibility

All proceedings of the hearing shall be recorded. In addition, the chairman shall designate two
people, not part of the panel, to take detailed notes of the hearing, including the documentation
of all questions and responses (in case of equipment malfunction). The written summary of the
meeting shall be made public in accordance with EO-0002. The audio recording shall be made
available upon request.

The written recommendation of the panel, as well as the written dissent of any panel members
(if existing) shall be made public.

The presidents decision must be made in writing, and shall be made public. The decision must
include the following:

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 a) What infraction, if any occurred
b) Which of the six categories of cause the infraction falls under
c) What remedy, if any, s/he is issuing
a. In the case of a temporary suspension, s/he must outline the necessary corrective
action.

D. Potential outcomes of the hearing

After the hearing, the president may issue one of the following remedies:

a) No action to be taken;
b) 30 day suspension of the organizations charter, with reinstatement pending corrective
action. All SAF funds will remain with the organization, but organizational activity must
cease (barring activity necessary to take the prescribed corrective action);
c) Suspension of the organizations charter until all current members graduate or cease to
be registered students at Brooklyn College. All SAF funds to be returned to allocating
bodies;
d) Permanent revocation. All SAF funds to be returned to allocating bodies.

E. Procedure for the hearing

At the start of the hearing, the chairman shall formally call the hearing to order, introduce all
members of the panel, announce that the hearing is being recorded, and outline that all records
will be available in accordance with the CLAS Open Information and Accessibility initiative.
The chairman will then announce the charters under consideration, and outline the rules of
conduct for the public hearing. Before beginning the hearing, the chairman will also indicate the
nature of the panel in an advisory capacity.

The chairman will then announce the first agenda item to be discussed. S/he shall announce
who called the hearing, and what the allegations are. The chairman will begin the questioning
of the organizations executive board.

The panel will address each agenda item before opening up public comments.

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 F. Public comments

The organization president is the only person authorized to address the panel on behalf of the
organization. The organization president may bring along his/her administrative liaison and
other executive board members to answer specific questions. Other members of the CUNY
community who wish to speak must register with the CLAS Presidents office no later than 24
hours before the hearing.

When registering to speak, one must indicate which agenda item(s) s/he will be speaking on. A
summary of oral statements shall be entered into the record of the meeting. Written statements
may be longer, and will be entered into the record, as well as distributed to the panel during
deliberations. Written statements may be sent to the CLAS Presidents office
(CLASStudentGovernment@gmail.com, or 718.951.5524) up until 12 hours after the hearing.

Speakers who will be delivering remarks verbatim off of a written statement are asked to hand
7 copies of the statement to the clerk before the start of the hearing.

Speakers will be heard in the order in which they arrive to the hearing. The maximum time
permitted for each speaker will be three minutes. It is necessary to impose time limits to permit
all speakers to have an opportunity to express their viewpoints. Speakers must restrict their
remarks to the items they requested to address. Speakers wishing to speak to more than one
item will be given one (1) three minute period within which they must make their comments on
all items they wish to address. Persons attempting to discuss other matters or to speak out of
turn will be ruled out of order and not permitted to continue. In order to assure maximum
participation, the panel reserves the right, in special circumstances, to reduce the speakers time
limit.

Panel members will be provided with a list of speakers.

The chairman will call all speakers. No substitution of speakers will be permitted.

When a speaker is ruled out of order, the speaker's balance of time will be forfeited.

The panel will not respond to questions during the presentation by the speaker.

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The panel reserves the right to alter the above procedures at any meeting in order to assure that
the business of the meeting will be completed.

Disruption of any hearing or meeting of CLAS Student Government is not permitted.

Individuals responsible for such misconduct will, after appropriate warning, be removed from
hearings or meetings of CLAS and be subject to disciplinary and other sanctions.

The rules and regulations for maintenance of public order (Henderson rules) are in effect and
will be administered and enforced as required.

Section 5: Panel deliberations and recommendation

A. When the president chairs the panel

Within two business days after the hearing, the president and the panel shall receive the record
of the meeting, including all written statements, and other materials. Within three business days
after the hearing, the panel as a whole shall sit with the president to discuss the hearing, and
recommend a course of action. Sometime after the deliberations, the president shall notify the
panel of his/her decision, and request any dissents (if they exist) in writing within one business
day.

Each agenda item shall have its own written decisions.

B. When the president does not sit on the panel

Within two business days after the hearing, the president and the panel shall receive the record
of the meeting, including all written statements, and other materials. Within three business days
after the hearing, the panel as a whole shall sit to discuss the hearing, and form a consensus
recommendation to the president. The chairman shall run the deliberations of the panel, and
author the written recommendation to the president. The chairman shall deliver the written
recommendation of the panel, as well as any dissent of the panel to the president no later than
one week after the hearing. If the chairman dissents from the consensus recommendation, the

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highest-ranking member of the panel who agrees with the consensus shall be responsible for
writing the recommendation.

Each agenda item shall have its own written decisions.

All decisions, recommendations, and dissents shall be placed in the public record.

Section 6: Notification of a decision

Notification of a decision shall be made in writing to the organization through their
administrative liaison, as well as placed in the public record.

If action is being taken, the relevant departments shall be notified as well, including Central
Depository, The Brooklyn College Association, and the CLAS Assembly committees on Budget
and Finance and Student Affairs.

Section 7: Appeal of a decision

Appeal of a decision may be made through the student judiciary. In the case of an appeal, the
President shall designate a representative (not a member of the panel) to represent him/her
before the court.

So signed and ordered,

David J. Rosenberg