THE ASSOCIATED STUDENTS OF ARIZONA STATE UNIVERSITY UNDERGRADUATE STUDENT GOVERNMENT, TEMPE SENATE SIXTEENTH LEGISLATURE FIFTH REGULAR SESSION OCTOBER 30, 2018 SENATE RESOLUTION V INTRODUCED BY: SENATOR RYAN MAGEL COLLEGE OF LIBERAL ARTS AND SCIENCES SENATOR DOMINIC FRATTURA THE W. P. CAREY SCHOOL OF BUSINESS SENATOR NICOLE MOROTE BARRETT, THE HONORS COLLEGE SENATOR CAMERYN BAUM HERBERGER INSTITUTE FOR DESIGN AND THE ARTS SENATOR VARUN SUSARLA SCHOOL FOR THE FUTURE OF INNOVATION IN SOCIETY SENATOR KYLE CLOUD IRA A. FULTON SCHOOLS OF ENGINEERING ______________________________________________________________________________ ______ A Resolution Impeaching John Gimenez, Vice President of Undergraduate Student Government Tempe Campus, for Nonfeasance and Misconduct ______________________________________________________________________________ _______ 1 Be It Resolved, ​That ​John Gimenez, Vice President of Undergraduate Student Government 2 Tempe Campus, ​is ​impeach​e​d​ for nonfeasance and misconduct unbecoming of the office 3 of which he holds; and, be it, further 4 Resolved, ​That pursuant to Title VIII Article III Section I Subsection VI John Gimenez, 5 Vice President of Undergraduate Student Government Tempe Campus is to be convicted of 6 the outlined crimes and removed from office. 1 Article I. 2 NONFEASANCE 3 In his conduct as Vice President of Policy, John Gimenez, in violation of this 4 constitutional oath to uphold the Constitution of the Associated Students of Arizona State 5 University and the Undergraduate Student Bylaws, and to serve the student body has 6 proven himself unable to coordinate relations with “with the Arizona Board of 7 Regents, the governments of the United States, the State of Arizona, and local 8 municipalities” pursuant to Title I, Article I, Section II, Subsection I, Paragraph A. 9 Furthermore in violation of paragraph B of the same Vice President John Gimenez 10 has failed to properly disclose to and coordinate with these parties on “Matters dealing 11 with the official policies of USGT” 12 Furthermore, in violation of Title II Article II Section II of the Associated Students 13 of Arizona State University Constitution has failed to “oversee USG operations at the 14 campus that set policy for the university, students and community” though his lack of 15 communication with other executives, campuses, and the Senate. 16 17 Wherefore, ​John Gimenez, Vice President of Undergraduate Student Government Tempe Campus​ is guilty of ​nonfeasance ​and shall be removed from office. 18 19 Article II. 20 MISCONDUCT UNBECOMING OF THE OFFICE 21 In his conduct as Vice President of Policy, John Gimenez, in violation of this 22 constitutional oath to uphold the Constitution of the Associated Students of Arizona State 23 University and the Undergraduate Student Bylaws, and to serve the student body has acted 24 in a manner that is unbecoming of the office. 25 Vice President John Gimenez has attempted to create conflict within the senate 26 through behind the scenes deals and prompting senators to actively work against the best 27 interests of the university as a whole. 28 29 Vice President John Gimenez has been verbally abusive to members of the executive team and other campuses creating a hostile work environment. 1 Vice President John Gimenez has repeatedly refused to comply with requests by 2 Dan Ashlock, Joshua Blinkoff, and Allison Sorgeloos. In the final instance directly 3 violating Title II Article II Section II of the Associated Students of Arizona State 4 University Constitution. 5 6 Vice President John Gimenez has repeatedly failed in completing his tasks in a timely manner leading to conflicts between campuses. Wherefore, ​John Gimenez, Vice President of Undergraduate Student Government 7 8 Tempe Campus​ is guilty of ​nonfeasance and misconduct​ and should be removed from 9 office. 10 Article III 11 VIOLATION OF THE STUDENT CODE OF CONDUCT 12 In his conduct as Vice President of Policy, John Gimenez, in violation of this 13 constitutional oath to uphold the Constitution of the Associated Students of Arizona State 14 University and the Undergraduate Student Bylaws, and to serve the student body has 15 violated the student code of conduct and university rules. 16 Under the Academic Affairs Manual (ACD) section 401 John Gimenez violated the 17 prohibition against harassment. The Academic Affairs Manual applies to John Gimenez 18 because he is classified as an employee as are all student workers and members of USG 19 “​All persons employed by the university on a full-time, part-time, or contract basis” 20 defined as ​“unwelcome behavior which is sufficiently severe or pervasive as to create an 21 intimidating, hostile, or offensive environment for academic pursuits, employment, or 22 participation in university-sponsored programs or activities. 23 Under the same, John Gimenez ​violated the prohibition against Retaliation by 24 threatening it against ASASU and USG-T. Retaliation is defined as “​Adverse actions that 25 are reasonably likely to deter a complaining individual or others from engaging in 26 protected activity are prohibited” under section 401. 27 Under The Student Code of Conduct (University Policy 5-308) Section F 28 (Prohibited Conduct) Subsection 20 “engaging in repeated or significant behavior toward 29 another individual, whether in person, in writing, or through electronic means, after having 30 been asked to stop” by sending messages bullying various members of ASASU and having 31 been asked to stop by numerous members of ASASU and university employees.