A resolution to impeach Student Body Treasurer John Taylor Willis, a third-year studying business administration and international studies, was filed Monday, as previously reported by Technician. It is the first impeachment attempt filed by a senator against a Student Government official since 2007.

The punitive process is laid out through the Student Body Constitution, Article 2, Chapter 2, entitled “Punitive Powers of the Senate.”

Willis is charged with neglect of duty, which is defined as “willfully failing to execute a specific duty to the best of his or her ability.”

The second charge against Willis is abuse of power, defined per statutes as when “the execution of an official power has been in a manner inconsistent with its just purpose or fair use, to the detriment of the Student Body or the Student Government.”

The burden of proof for both of these charges is preponderance of evidence, which is the same proof used in a civil legal trial, defined by Cornell Law School as “a requirement that more than 50 percent of the evidence points to something.”

The resolution of charges will be brought to the Student Senate on Wednesday, where it will be referred to the Committee on Government Relations and Oversight following first reading of legislation, notwithstanding points of order or any dismissal by objection to consideration.

The committee, chaired by Sen. Ryan Dunn, a second-year studying political science, will schedule a preliminary hearing on the bill of charges, in which Willis will have the right to present an initial defense. At this hearing, which will occur before the Sept. 13 Senate meeting, the committee shall verify that probable cause exists to continue the inquiry.

Probable cause is defined by Merriam-Webster as “a reasonable ground for supposing that a charge is well-founded.”

The committee hearing is required to be announced at least 48 hours in advance, per Article 2, Section 2.17 of the Student Body Constitution.

At any point during the investigation the committee is empowered to remove or reduce any specific charge or sanction against Willis, however no charges may be added during the investigative process and would instead require a separate resolution being filed.

At the conclusion of the investigation, the committee will issue a final report to the Student Senate either dismissing the charges or recommending that the Senate consider them. In this report the charges must be supported by evidence gathered during the investigative process.

Should the bill of impeachment reach the Senate for second reading, the committee will present its report on the investigation and the accused will have an opportunity to present a rebuttal statement. Following this, the Senate is allotted a 30-minute period of debate divided into positive and negative debate for the individual’s impeachment.

Adoption of an impeachment resolution requires a two-thirds vote, which indicts the official of the specific charges, in Willis’ case being neglect of duty and abuse of power, and is immune from any veto by the student body president.

A trial for an indicted individual takes place no more than two weeks after passage of impeachment. At the proceedings, the chair of the Government Relations and Oversight Committee presents a final report of evidence, including any witness testimony, and the accused is given an opportunity to respond to charges with evidence and witness on their behalf. The Senate then begins a period of questioning for the accused and any witnesses summoned for the trial.

Following the hearing, the Senate deliberates and votes on removal of office, with the accused leaving the chambers during this time. An impeached individual is convicted by a three-fourths majority of the Senate.

Per Article 1, Section 14 of the Student Body Constitution, should Willis be convicted and removed from office, the Senate finance committee chair shall serve as acting treasurer until a special election is held, which is required within 30 days of removal from office.

Senator Sean Harrington, a fourth-year studying political science, is currently serving as the chair of the Senate finance committee.

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