CHAOS Constitution

I. Name

The name shall be Cal Hiking and Outdoor Society, herein referred to as CHAOS.

II. Purposes

To facilitate interaction among people interested in recreational uses of wilderness and open space which have minimal human impact on the environment, including hiking, backpacking, mountaineering, bicycling, climbing, mountain biking, skiing, and canoeing.

To provide educational and recreational presentations on the outdoor activities listed above.

To promote inclusion and equity outdoors through our low-cost gear shed and membership, and education and recreation opportunities.   

To provide books, maps, equipment and advice for members planning to engage in the activities listed above.

To promote safety awareness in members who participate in outdoor activities.

III. Elected Officers

The elected officers shall be elected at the end of each spring semester of the academic year or as necessary to fill vacancies. The elected officers may be elected by a simple majority of active members present at a general meeting. Term of office is one year in all cases.  Each position can be run for by a single person or a team of two people. There is no term limit on elected officers, or the number of positions one can hold. Any elected officers can be impeached by a simple majority vote at an officer meeting if they are deemed to not be fulfilling their duties.

President(s)
The President(s) is/are the primary ASUC signatory. The President(s) may appoint additional signatories as necessary. The president(s) is/are responsible for ensuring long term success of the club, running the gourmet trip, recruiting new officers, and fulfilling or delegating the roles of any unfilled officer positions.

Social officer(s)
This/these elected officer(s) shall be responsible for organizing social meetings, including arranging the location of meetings and advertising for the meetings.

Treasurer(s)
This/these elected officer(s) shall be responsible for CHAOS monetary funds, including determining the yearly budget, submitting a yearly funding proposal to ASUC, submitting a yearly budget to ASUC, approving all CHAOS expenditures, depositing all CHAOS funds in ASUC approved accounts, and keeping accurate records of the above tasks.

Head Gear officer(s)
This/these elected officer(s) shall be responsible for lending out CHAOS equipment, books, and maps to members, for maintaining CHAOS equipment, books, and maps in good order, and for purchasing new equipment.

Trip Coordinator(s)
This/these elected officer(s) shall be responsible for coordinating at least two beginner trips per semester and leading other beginner hikes and trips if time allows.

IV. Appointed Officers

The appointed officers shall be appointed by either the headgear officer(s), the beginner trip coordinator(s) or the president(s). There is no term limit on appointed officers. There is no limit on the number of appointed officers there can be, but they generally fall into three categories:

Gear Officers
The Gear Officers assist in running the gear shed and each run one gear hour every week. They are appointed by the Head Gear Officer or the president.

Trip Leaders
The Trip Leader Officers assist in running the beginner backpacking trips and other trips and each go on at least one trip. They are appointed by the trip coordinator or the president.

Other appointed officer(s)
Other officers may be appointed at the discretion of the president. These roles may include but are not limited to: social media coordinator, sponsorship liaison, membership officer etc.

VI. Membership

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

UCB alumni and community members may join as “associate” or “non-active” members, who may not vote or hold office. This membership is contingent on all policies set forth this Constitution, and by UC Berkeley regarding sexual harassment, discrimination, and UC Berkeley Code of Conduct (https://sa.berkeley.edu/code-of-conduct).

Club dues will be set at $15/life or otherwise determined by the Committee. This allows access to the gear shed, officer-led events, and the email list.

We will not haze according to California State Law. 

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).

VII. Anti-Hazing, Sexual Harassment, and Anti-Discrimination Clause

Sexual Harassment and Discrimination Policy Statement
CHAOS is committed to providing a safe environment for all its members free from discrimination on any ground and from harassment at meetings, trips, or other events including sexual harassment and discrimination. CHAOS will operate a zero tolerance policy for any form of sexual harassment or discrimination in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed or discriminated against another will face disciplinary action, up to and including dismissal from the club, without refund. All complaints of sexual harassment and discrimination will be taken seriously and treated with respect and in confidence. No one will be victimized for making a complaint.

Definition of sexual harassment

Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient. Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal.

Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. CHAOS recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:

  • Physical conduct
    • Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
    • Physical violence, including sexual assault
    • Physical contact, e.g. touching, pinching
    • The use of job-related threats or rewards to solicit sexual favors
  • Verbal conduct
    • Comments on a worker’s appearance, age, private life, etc.
    • Sexual comments, stories, and jokes
    • Sexual advances
    • Repeated and unwanted social invitations for dates or physical intimacy
    • Insults based on the sex of the member
    • Condescending or paternalistic remarks  
    • Sending sexually explicit messages (by phone or by email)
  • Non-verbal conduct
    • Display of sexually explicit or suggestive material
    • Sexually-suggestive gestures
    • Whistling
    • Leering

Definition of Discrimination
Discrimination is any action that discriminates against a person’s identity. Identity can be, but not limited to, age, class, cognitive ability, culture, gender, health status, HIV status, marital status, mental health, physical ability, place of origin, political beliefs, race, religion, sensory ability, and sexuality. Discrimination can be in the form of verbal, non-verbal, or virtual communication.

Complaints Procedures & Sanctions
When an incident is reported, the officers will work with the victim for a suitable resolution. The officers dealing with this matter will be identified to the LEAD center. An anonymous, unbiased, diverse committee of three CHAOS officers will deal with harassment and discrimination accounts, in addition to discussing and deciding on other matters related to interpersonal club relations. This committee shall be called “CHAOS Committee on Member Relations”. If the Committee on Member Relations finds a certain action of a CHAOS member as discriminatory to either race, sex, gender, culture, or other identity as outlined above, the committee shall impose sanctions to this member. Sanction include, and are not limited to:

    1. Termination of membership indefinitely,
    2. Termination of ability to post on the email listserv,
    3. Suspension, temporary or indefinite, from CHAOS events,
    4. Restriction to be active in CHAOS Spaces,
    5. Becoming a Persona non grata, disallowing the member from entering any CHAOS spaces.

The recommendation provided by the committee will be brought forth to the President and Vice President, who will then be responsible for imposing the sanctions. Additional assistance is available via the LEAD Center or Path to Care. Membership can also be terminated for rude behavior or for spamming the listserv.

VII. Amendments

An amendment to this constitution may be presented by any member in the club. It requires a notice of at least one week to the email list, announcing that there will be a vote at the general meeting. This announcement will be made public via our email list, which is received by all members of CHAOS.

This document may be amended by a ⅔ majority vote of the members present and voting at a general meeting.

Alternatively this document can be amended at any time without notice by a majority vote of the officers.

Additional articles and amendments may be included if they are in concurrence with the University of California and A.S.U.C. regulations and policies. All amendments, additions or deletions to this document must be filed with the LEAD Center at lead@berkeley.edu, or LEAD Center at 432 Eshleman Hall.

VIII. Dissolution

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: East Bay Regional Parks District.

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.

Article IX – ASUC Sponsorship

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 to time, completely and fully as part of this Constitution. 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 – ASUC Constitutional Compliance 

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.

14 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