Article 1: Name

1.1 The name of this organization shall be Haas Evening and Weekend MBA Association (EWMBAA, or the Association).

Article 2: Purpose

2.1 The EWMBAA has been created by the students of the Evening and Weekend MBA (EWMBA) program at the University of California at Berkeley’s Haas School of Business to be the official representative of the EWMBA student body and its agent to optimize and enrich the EWMBA program experience.

Article 3: Mission

3.1 The mission of the EWMBAA is to catalyze student investment in program excellence and champion the interests of the EWMBA student body.

Article 4: Membership

4.1 All students currently registered in the Haas EWMBA program are eligible to become members of the EWMBAA.

Article 5: Executive Board of Directors

5.1 The affairs of the Association shall be governed by an elected Executive Board of Directors (referred to as the “Executive Board” or the “Board”) consisting of the Association’s executive officers.

5.2 The Board may vote only on issues that both directly relate to the Haas School of Business and have the potential to affect EWMBA students.

5.3 All matters put to a vote of the Executive Board shall be decided by a majority of the Board members present, unless otherwise specified in the bylaws, and provided that at least one more than half of the directors be present. Executive Board members may designate a representative to vote in their proxy.

5.4 Each Board member, except the (Co-)President(s), shall have only one vote on matters before the Board, regardless of the number of voting positions held. The (Co-)President(s) may cast a vote only in case of a tie.

5.5 Any matter not addressed in the bylaws may be resolved by a majority vote of the Board.

5.6 Executive Board members may not receive monetary or in-kind compensation for services performed in their capacity.

5.7 The Board shall include the following four officer positions, all of whom must be members of the Association. In addition to the specified responsibilities listed per role below, the Board is responsible for overseeing the Association Leadership Team comprised of Functional VPs and Cohort Representatives:

■ President / Co-Presidents, who shall be the official representative and spokesperson of the Association, call and preside over Association meetings, ensure that the decisions of the Board are executed, and supervise the actions of the Board’s committees. This is the only Executive Board position that can be filled by two people, all other Executive Board positions will be filled by one person.

■ Executive Vice President, who shall assist in the President’s duties upon the President’s request, and assume the responsibilities of the President in the President’s absence.

■ Executive Vice President of Marketing and Communications (previously Secretary), who shall maintain the integrity of the bylaws and processes of the Association; conduct elections and referenda; record, make public, and maintain the minutes of all Association meetings (including attendance records of directors); and assume the responsibilities of the Vice President in the Vice President's absence.

■ Executive Vice President of Finance (previously Treasurer), who shall maintain the accounts of the Association, handle the receipts and disbursements of Association funds, prepare the annual budget, and present financial reports to the Board and EW Program Office as requested.

5.8 Any person may hold only one officer position at a time.

5.9 Executive Board officers may be removed from office for failure to fulfill their responsibilities by unanimous vote of all Executive Board members, including the (co)-President(s) and excluding the Executive Board member in question. Upon resignation or removal of the President, the Executive Vice President shall become President for the remainder of the term of office. Upon resignation or removal of the Executive Vice President, the EVP of Marketing and Communications shall become Executive VP for the remainder of the term of office. Upon resignation or removal of the EVP of Marketing and Communications or the EVP of Finance, the replacement shall be chosen by a majority of the remaining Executive Board members for the remainder of the term of office.

Article 6: Executive Board Officer Elections

6.1 The Board officers shall be elected by a vote of the membership during each spring semester.

6.2 The Board shall notify the membership of upcoming elections and allow students to run for an officer position. Interested potential candidates for office must register their intent in writing with the designated Elections Officer no later than 15 days prior to the election. Elections shall be carried out under the supervision of an Elections Officer designated by the Board, who shall be responsible for keeping the process open and fair to all, and ensuring a confidential ballot.

6.3 Winners of each officer position shall be decided by who receives the most cast votes for that position. In the event of a tie, a special election will be held for the candidates that tied in the initial vote. In the event of a secondary tie, the current Board will break the tie.

6.4 The officers shall govern for one academic year, beginning June 1st following the election, and ending May 31st of the next year.

6.5 An office for which there is only one candidate shall be filled by that candidate without an election.

6.6 An office for which there is no candidate shall be filled by a person appointed by a majority of the incoming Executive Board.

6.7 In the event of a violation of any election rule, and upon confirmation by the Board of such a violation within 30 days after an election, the disputed results shall be declared void and a new election for the disputed position shall be conducted within 30 days. Upon confirmation of a violation more than 30 days after the election, the disputed position shall be filled by a person appointed by the Board.

Article 7: Functional Vice Presidents and Cohort Representatives

7.1 The Association Leadership Team shall consist of any number of functional VPs. Functional VPs shall have responsibility over functional areas such as academic and administrative affairs, social affairs, social impact, alumni relations, and career management services.

7.2 The initial number of functional VPs and their areas of responsibility shall be determined by the incoming Executive Board. The incoming Executive Board shall select candidates for the functional VP positions.

7.3 Functional VPs shall be confirmed by a majority vote of the Executive Board Members for one-year term*by early Summer semester. (*some positions require a slightly longer term of service e.g. VPs of Admissions and Incoming Student Experience)

7.4 Additional functional VPs or vacancies to existing positions shall be filled by the process outlined in articles 8.2 and 8.3.

7.5 A functional VP position may be shared by more than one person; however, the holders of that position shall collectively have only one vote.

7.6 A person may not hold both a functional VP position and an Executive Board position.

Article 8: Meetings

8.1 Board meetings shall be held on a regular basis, as determined by the Executive Board, during the Spring and Fall academic semesters; in addition, the Board or the President may call special meetings, as needed.

8.2 The Board shall call a meeting of the membership whenever it determines that an issue is of sufficient importance as to require such a forum.

Article 9: Committees

9.1 Functional VPs shall have the authority to establish and chair committees related to their area.

9.2 The Board may name ad hoc committees at any time.

9.3 Committee Chairpersons shall report the progress and actions of the committees to the Board on a regular basis.

9.4 All committees shall be governed by the bylaws and policies of the Association, to the extent that they are applicable.

9.5 The Board may dissolve committees at any time.

Article 10: Finances

10.1 Operations of the EWMBAA shall be financed through funds provided by the EWMBA Program Office, ASUC, Graduate Student Assembly, University of California, Berkeley, and EWMBAA student fees. Operations of the EWMBAA can also be financed through additional funds raised by the Association, donated by students/alumni for the EWMBAA, through any other direct donations, or event fees conducted in accordance with any applicable regulations of the Haas School of Business or UC Berkeley or the UC Regents.

10.2 The Executive Board shall be responsible for administering Association funds through an annual at minimum budgeting process.

10.3 No member shall have any personal claim on the funds, assets or liabilities of the Association.

10.4 Financial records of the EWMBAA shall be made available by the EVP of Finance upon request of any member or EW Program Office within two weeks’ notice.

Article 11: Referendums

11.1 Referendums may be initiated by order of the President or Board to present specific issues to the membership for adoption. The Designated Elections Officer(s) (a neutral party within the Board or the EWMBAA Leadership Team) shall be responsible for administering referendums.

11.2 Any member may initiate a referendum by submitting petitions bearing the signatures of at least ten percent of the membership. The Designated Elections Officer(s) shall certify the signatures and hold a referendum election within 30 days of receiving the petition.

11.3 With the exception of referendums to amend bylaws, referendums must receive an affirmative vote from a majority of members in order to be adopted, provided that at least 25% of the members cast votes.

Article 12: Amendments

12.1 These bylaws may only be amended through a referendum adopted by an affirmative vote from the majority of the members, provided that at least 25% of the members cast votes.

Article 13: ASUC (Associated Students University of California) Membership and Requirement Clauses

13.1 Membership Clause: Only currently registered students, faculty, and staff may be active members in a registered student organization. Only active members may vote or hold office.

13.2 Anti-Hazing Clause: We will not haze according to California State Law, Federal Law, and UC Berkeley's Code of Student Conduct. Hazing activities can cause, or are likely to cause, physical injury, personal degradation, disgrace, humiliation, or endangering behavior resulting in psychological, mental, physical, emotional, and/or academic harm to any student or other person, or the destruction of property. The University of California, Berkeley's Code of Student Conduct defines hazing as: "any intentional, knowing, or reckless act, activity, or method committed by a person (whether individually or in concert with other persons_ against another person or persons, including current, former, or prospective students, regardless of the willingness of such other person or persons to participate, that is committed in the course of a preinitiaion, an initiation into, an affiliation with, or the maintenance of membership in, an official or unofficial student organization or other student group that: (i) causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for the participation in an athletic team), of physical or psychological injury, including personal degradation or disgrace, and/or (ii) the person knew or should have known was likely to cause serious bodily injury." Hazing is prohibited per the University of California, Berkeley, the State of California, and Federal law. Learn more on the UC Berkeley Dean of Students Hazing Laws & Policies Page

13.3 Non-discrimination Clause: We will not restrict membership based upon race, color, national origin, religion, sex, gender identity, pregnancy (including pregnancy, childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition (cancer related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (including membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services).

13.4 Amendments Clause: All amendments, additions or deletions to this document must be filed with the OASIS Center at oasis.center@berkeley.edu, or OASIS Center at 312 Eshleman Hall.

13.5 Dissolution Clause: If the organization is ASUC or GA Sponsored, all unspent ASUC funds shall return to the ASUC; all Graduate Assembly funds shall return to the Graduate Assembly. If the organization is defunct for five (5) or more years, any privately obtained funds (including any funds left in miscellaneous accounts) shall be donated to the following nonprofit organization: Haas MBA Association. In the event that the designated nonprofit organization no longer exists or has ceased to be a nonprofit, then the unspent funds shall be donated to the ASUC.

13.6 Eligibility for ASUC Sponsorship, Funding and Space: This organization hereby wishes to seek ASUC sponsorship. This organization adopts and incorporates by reference Schedule A of ASUC Bylaw 2201, and the same as may be amended from time by time, completely and fully as part of this [constitution, charter, articles, etc]. This organization cannot amend this clause unless and until the ASUC has certified that this organization has ceased to be ASUC-sponsored, all ASUC property has been returned to the ASUC, access to all ASUC resources and facilities has been relinquished, and any debts, liabilities, or other responsibilities to the ASUC have been resolved. This organization will continue to be bound by any provisions specified in Schedule A for actions it took while this clause was in effect, even if this clause is amended.

Schedule A

1 This organization is organized and operated exclusively for nonprofit purposes. The property of this organization is irrevocably dedicated to the purposes specified in its primary governing document and no part of the net income or assets of this organization shall ever inure to the benefit of any director, officer, or member thereof or to the benefit of any private person.

2 This organization recognizes that current or past ASUC sponsorship or funding does not imply a guarantee of continued or future sponsorship or funding and that status as a university registered student organization does not guarantee status as an ASUC-sponsored student organization or ASUC funding.

3 The ultimate constitutional, budgetary, and policy making authority of this organization shall be vested entirely and exclusively in ASUC members, at least a majority of whom shall be undergraduate students. Only ASUC members may hold officer positions in this organization. This section shall not be interpreted to prevent non-ASUC members from holding advisory positions in the organization.

4 This organization is not a unit of the ASUC or of the University of California. Unless otherwise specified in its primary governing document, this organization shall be considered an unincorporated association organized under the laws of California.

5 All funds, facilities, and resources allocated or provided to this organization by the ASUC (including the Graduate Assembly) during the term of its sponsorship shall remain the property of the ASUC at all times. If the organization ceases to be sponsored or ceases to exist, all ASUC property and unspent funds shall be immediately returned to the ASUC (including the Graduate Assembly).

5.1 Any property [## other long term property / subscriptions] purchased by this organization using funds provided to it by the ASUC (including the Graduate Assembly) shall be the property of the ASUC. The ASUC shall retain ownership proportional to its contribution in any property purchased partially with ASUC funds.

6 This organization may use funds, facilities, and resources allocated or provided to it by the ASUC (including the Graduate Assembly) only for purposes which promote the general welfare of the student body and which are not inconsistent with the meaning of United States Internal Revenue Code section 501(c)(3).

6.1 Funds, facilities, and resources allocated or provided to this organization by the ASUC (including the Graduate Assembly) shall not be used to participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office or for activities which primarily consist of carrying on propaganda, or otherwise attempting to influence legislation.

7 This organization shall follow all regulations found in the ASUC Constitution and Bylaws during the term of ASUC sponsorship.

8 All disputes involving this organization may be resolved by mandatory binding arbitration through the ASUC Judicial Council.

8.1 The ASUC Judicial Council shall operate in accordance with the ASUC Constitution and the Judicial Council Rules of Procedure.

8.2 The ASUC Judicial Council shall have the power to order any remedy it sees fit. Mandatory binding arbitration may be initiated against the organization by:

8.2.1 Any member of this organization

8.2.2 Any member of the ASUC

8.2.3 Another ASUC-sponsored organization, the ASUC, or any unit of the ASUC

8.2.4 A unit of the University of California, with the consent of the ASUC Judicial Council

8.2.5 Any other person or entity, with the consent of this organization and the ASUC Judicial Council.

9 This organization shall defend, indemnify and hold the ASUC, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of this organization in relation to its relationship with the ASUC, except for injuries and damages caused by the sole negligence of the ASUC.

10 All officers and authorized representatives of this organization are individually and jointly responsible for the financial obligations of the organization to the ASUC, incurred by this organization during the tenure of the officer or authorized representative. This shall include any damage or defacement of ASUC property.

11 All books and records of this organization shall be subject to inspection by the ASUC Judicial Council, ASUC Chief Financial Office, ASUC Chief Legal Officer, and ASUC professional legal counsel. These individuals may make copies and extracts of such records.

12 Upon the dissolution or winding up of this organization, its assets remaining after payment, or provision for payment, of all debts and liabilities shall be distributed to the ASUC, unless the primary governing document of the organization has specified some other nonprofit fund, foundation or corporation, which is organized and operated exclusively for charitable or educational purposes, to receive such funds. In the event that the designated organization no longer exists or has ceased to be a non-profit organization, the distribution shall be made to the ASUC.

13 This organization shall be considered dissolved if it is inactive and (a) fails to register as a student organization with the University for more than five full academic years or (b) it ceases to have any members. The ASUC shall have the authority to wind-up the affairs of this organization in such case, but shall not assume any responsibility for any debts or liabilities of this organization.