Level 100 - General
Provisions
Bylaw 101 -
Repeal of All Previous Bylaws
Bylaw 102 -
Operation of Bylaws
Bylaw 103 -
Amendments to These Bylaws
Bylaw 104 -
Effect of Violations
Bylaw 105 -
Reservation of Board Prerogative
Bylaw 106 -
Definitions
Level 200 - The Executive
Cabinet
Bylaw 201 -
Executive Officers and the Executive Cabinet
Bylaw 202 - The
President
Bylaw 203 - The
Vice President for the Day Division
Bylaw 204 - The
Vice President for the Evening Division
Bylaw 205 - The
Treasurer
Bylaw 206 - The
Secretary
Bylaw 207 - The
Representative to the American Bar Association Law Student Division
Bylaw 208 - The
Director of Academic Affairs
Bylaw 209 - The
Director of Commencement
Bylaw 210 - The
Director of Community Service
Bylaw 211 - The
Director of Finance and Budget
Bylaw 212 - The
Director of First-Year Programs
Bylaw 213 - The
Director of Minority Affairs
Bylaw 214 - The
Program Director
Bylaw 215 - The
Director of Public Relations
Bylaw 216 - The
Director of Student Services
Level 300 - Other Officers and Standing
Committees
Bylaw 301 - The
Interviews Committee
Bylaw 302 - The
Judiciary Committee
Bylaw 303 - The
Elections Committee
Bylaw 304 -
Representatives to Law School and University Committees
Bylaw
305 - Student Association Senators
Level 400 - Representatives
Bylaw 401 -
Apportionment of Representatives
Bylaw 402 -
Constituencies
Bylaw 403 -
Duties and Responsibilities of Representatives
Bylaw 404 -
Vacancies Among the Representatives
Level 500 - Meetings
Bylaw 501 -
Meetings of the Board
Bylaw 502 -
Executive Sessions
Bylaw 503 -
Mandatory Attendance at Meetings
Bylaw 504 -
Voting
Bylaw 505 -
Conflict of Interest in Voting
Bylaw 506 -
Proxy Voting
Level 600 - Legislative
Process
Bylaw 601 -
Legislation: Resolutions and Bills
Bylaw 602 - Veto
by the President
Bylaw 603 - Veto
Override by the Board
Level 700 - Elections
Bylaw 701 -
Scope of the Level
Bylaw 702 -
Promulgation of Election Rules in addition to these Bylaws
Bylaw
703 - Publication of the Election Schedule
Bylaw 704 -
Mandatory Candidates Meeting
Bylaw 705 -
Ballots and Voting Procedures
Bylaw 706 -
Counting Ballots
Bylaw 707 -
Run-off Elections
Bylaw 708 -
Violations of Elections Rules
Bylaw 709 -
Write-in Candidates
Bylaw 710 -
Special Provisions for Spring Elections
Bylaw 711 -
Candidates Forum
Bylaw 712 -
Graduating Voters
Bylaw 720 -
Special Provisions for Fall Elections
Bylaw 721 -
Publicity Requirements for Fall Elections
Bylaw 722 -
Balloting Procedures for Fall Elections
Bylaw 723 -
Large First-Year Sections
Bylaw 730 -
Certification and Ratification of Elections
Bylaw 740 -
Transition Procedures and Assumption of Office
Level 800 - Referenda
Bylaw 801 -
General Provisions applying to all Referenda
Bylaw 802 -
Certification and Ratification of Referenda
Bylaw 810 -
Disbursal of Special Monies by Referendum
Bylaw 820 -
Constitutional Amendments by Referendum
Bylaw 830 -
Recall Election of a Board Member
Level 900 - Student
Organizations
Bylaw 901 -
Recognition of Student Organizations
Bylaw 902 -
Requirements for Student Organizations
Bylaw 903 -
Required Format for Student Organization Constitutions
Bylaw
904 - Termination of Student Organization Recognition
Bylaw
910 - The Inter-Club Council
Bylaw 920 -
Board Funding of Student Organizations
Bylaw 921 -
Student Organization Annual Budget Process
Bylaw 922 -
General Limitation on the Use of SBA Funds Allocated to Student
Organizations
Bylaw 923 -
Restrictions on Travel Expenses
Bylaw 924 -
Restrictions on the Payment of Honoraria to Speakers
Level 1000 - Financial
Provisions
Bylaw 1001 -
Allocation of Funds
Bylaw 1002 -
Requirements for Disbursal of Student Bar Association Funds
Bylaw
1003 - Emergency Approval for Expenditures
Level 1100 - Disciplinary
Procedures
Bylaw 1101 -
Initiation of Disciplinary Proceedings against Student Bar Association
Officers
Bylaw 1102 -
Initiation of Disciplinary Proceedings against Student Organizations
Bylaw 1110 -
Guidelines for Disciplinary Proceedings by the Judiciary Committee
Bylaw 1111 -
Guidelines for Disciplinary Proceedings by the Board
Bylaw 1112 -
Rights of the Subjects of Disciplinary Proceedings
Level 1200 - Removal of Student Bar
Association Officers
Bylaw 1201 -
Removal of Executive Officers and Representatives
Bylaw 1202 -
Removal of Officers whose Appointments are Delegated to the President
Bylaw 1203 -
Removal of Officers whose Appointments are Delegated to the Interviews
Committee
Bylaw 101 - Repeal of All Previous Bylaws
All Bylaws of The George Washington University Law School Student Bar
Association previous to the time of the passage of these Bylaws are hereby
repealed, and are for all intents and purposes, null and void.
Bylaw 102 - Operation of Bylaws
(a)
These Bylaws shall take effect upon ratification by a two-thirds (2/3) majority
vote of the voting members of the Student Bar Association.
(b) In the event that any provision within these Bylaws conflicts with the Student Bar Association Constitution, the provisions in the Constitution shall govern.
(c) In the event that any provision within these Bylaws conflicts with any provision within Roberts Rules of Order, Newly Revised, the provisions in these Bylaws shall govern.
Bylaw 103 - Amendments to These Bylaws
(a) Any proposed amendments to these Bylaws shall be submitted to the
Judiciary Committee as described in Bylaw 302. The Judiciary Committee shall
work with the sponsor(s) of the proposed amendment to ensure that the proposed
amendment conforms with the general structure of these Bylaws, that it is
carefully tailored to meet its proposed objective, and that it does not conflict
with the Constitution or these Bylaws. Should the amendment purposefully
conflict with existing provisions of the Bylaws, the Judiciary Committee shall
prepare a report for the Board explaining the impact of the proposed amendments
insofar as their effect on the existing structure of the Student Bar Association
and its governing documents.
(b) After the Judiciary Committee completes its review of the proposed amendment, the final draft, along with any report from the Judiciary Committee, shall be circulated to the members of the Student Bar Association Board for their review at least seventy-two (72) hours prior to the meeting at which the proposed amendment is to be voted on.
(c) The Student Bar Association Secretary shall update these Bylaws as they are altered by an act of the Board and periodically circulate updated versions of the Bylaws to all members of the Board.
(d) The Judiciary Committee shall review these Bylaws annually to ensure proper codification of amendments to the Bylaws, and shall see to it that every member of the Board receives a newly updated version of these Bylaws at the beginning of each new term of office. The Chair of the Judiciary Committee shall have ultimate responsibility for keeping the Bylaws in order.
Bylaw 104 - Effect of Violations
Violations of the written provisions or the spirit of these Bylaws shall be
sufficient grounds for disciplinary action to be taken against the members in
violation according to the provisions of Level 1100 of these Bylaws.
Bylaw 105 - Reservation of Board Prerogative
The Student Bar Association Board is empowered by the Student Bar
Association Constitution to exercise all power necessary and proper for
efficient and constitutional student government at The George Washington
University Law School. Furthermore, except as otherwise limited by the
University Guide to Student Rights and Responsibilities, the University Policy
on Equal Opportunity, the Student Bar Association Constitution, and these
Bylaws, the enumeration of responsibilities in these Bylaws shall not be
construed as a restraint on the exercise of such powers as may be necessary and
proper to effectuate the efficient and constitutional governing of the Student
Bar Association.
Bylaw 106 - Definitions
(a) Throughout
these Bylaws:
(2) the term "Executive Officers" refers to the President, Vice President for the Day Division, Vice President for the Evening Division, Treasurer, and Secretary;
(3) the term "Executive Cabinet" refers to the Executive Officers, plus those officers described in Bylaw 201;
(4) the term "Representative" refers to those members of the Board, whether elected or appointed, serving as the representatives of the various classes and divisions of the Law School;
(5) the term "voting members of the Board" refers to the Executive Officers and the Representatives, except an Executive Officer serving as Chair of a meeting of the Board, in which case the Chair shall only vote in the case of a tie; and
(6) the term "confirmation by the Board" refers to a simple majority of the votes cast by voting members of the Board
(b) The use of any time period stated in hours, unless specifically stated otherwise, is to be construed as giving meaning to a period of days, not to a literal allotment of time as calculated by the hours and minutes of such period.
(c) The time period used within these Bylaws shall be calculated to exclude weekends, holidays, and those days that may fall within any of the following scheduled recesses of the University: Thanksgiving, Winter Break, Spring Break, and Summer Vacation.
(d) Unless specifically stated otherwise, when a section of these Bylaws calls for the participation of a member of the Judiciary Committee to serve on a committee of the Board, it shall be for the Judiciary Committee to determine which one of their members shall serve in the given post.
LEVEL 200 - THE EXECUTIVE CABINET
Bylaw 201 - Executive Officers and The Executive
Cabinet
(a) The executive power of the Student Bar Association shall be
vested in the Executive Officers and the Executive Cabinet.
(b) The Executive Officers of the Student Bar Association shall include the
President, the Vice President for the Day Division, Vice President for the
Evening Division, Treasurer and Secretary. The President, Vice President
for the Day Division, and Vice President for the Evening Division will be voting
Executive Officers, and the Treasurer and Secretary will be non-voting Executive
Officers.
(c) The Executive Cabinet of the Student
Bar Association shall include the Executive Officers, the Treasurer, the
Secretary, the Representative to the American Bar Association Law Student
Division, the Director of Academic Affairs, the Director of Commencement, the
Director of Community Service, the Director of Finance and Budget, the Director
of First-Year Programs, the Director of Minority Affairs, the Program Director,
the Director of Public Relations, and the Director of Student Services.
(d) Members of the Executive Cabinet, other than the Executive
Officers, shall be nominated by the President. These officers shall be selected
no later than three weeks prior to the conclusion of the semester in which the
President takes office. The President shall publicize vacant positions and
devise a method for considering students interested in Executive Cabinet
positions. After nomination by the President, candidates for Executive Cabinet
positions shall be subject to confirmation by a majority of the voting members
of the Board.
(e) Nothing in this Level shall be construed to
prohibit the President from appointing Co-Directors if the situation is
appropriate. The President shall also have the power to create additional
Executive Cabinet positions or ad hoc committees as he/she deems
necessary to effectively execute the responsibilities of the Student Bar
Association. Such Executive Cabinet members shall also be subject to
confirmation by a majority vote of the voting members of the Board.
Bylaw 202 - The President
(a) The President shall be the Chief
Executive Officer of the Student Bar Association Board. The President shall be
elected by the student body of the Law School in accordance with the provisions
of Article II, Section 213 of the Student Bar Association Constitution. The
President's term shall commence in accordance with the provisions of Article
III, Section 303 of the Student Bar Association Constitution.
(b)
The President shall:
(2) preside over meetings of the Executive Cabinet and direct its members in carrying out their responsibilities;
(3) be responsible for the prompt and orderly execution of all resolutions and legislation adopted by the Board;
(4) report to the Board and recommend certain actions for their consideration to effectuate the goals of the Student Bar Association;
(5) appoint, subject to confirmation by the Board, all officers of the Student Bar Association, whose selection is not otherwise provided for in these Bylaws;
(6)appoint, subject to confirmation by the Board, Representatives, where such positions were not filled by election or where such positions have become vacant because the elected Representative was unable to complete the term of office;
(7) represent the Student Bar Association to the Law School Faculty and Administration, the University Faculty and Administration, the Student Association, the American Bar Association, and the community at large;
(8) deliver an annual State of the Board address pursuant to Article II, Section 212 of the Student Bar Association Constitution; and
(9) perform those other duties as may be specified in these Bylaws or by an act of the Board so vesting responsibility in the President.
(c) All powers not expressly delegated to the President, or impliedly
flowing as necessary and proper to effectuate these enumerated powers, are
reserved to the Board.
Bylaw 203 - The
Vice President for the Day Division
(a) The Vice President for the Day
Division shall be elected by and from the students of the Day Division on the
same day as elections for the President. The term of the Vice President for the
Day Division shall commence on the same day as that of the President.
(b) The Vice President for the Day Division shall:
(2) chair the Inter-Club Council, as described in Bylaw 910;
(3) exercise the powers of the President in the event that the President is absent or unable to fulfill his/her duties;
(4) accede to the Presidency upon the resignation or removal of the President;
(5) execute the directives of the Board as to the operation of Student Bar Association Committees; and
(6) chair those other committees as may be specified by other provisions in the Constitution or Bylaws of the Student Bar Association.
(c) Should the Vice President for the Day Division succeed to the Presidency, the President shall have the power to appoint, subject to confirmation by the Board, a new Vice President for the Day Division, subject to the qualifications for that office described in the Constitution.
Bylaw 204 - The Vice President for the Evening Division
(a) The Vice President for the Evening Division shall be elected by and from the students of the Evening Division on the same day as elections for the President. The term of the Vice President for the Evening Division shall commence on the same day as that of the President.
(b) The Vice President for the Evening Division shall:
(2) succeed to the Presidency upon the resignation or removal of both the President and the Vice President for the Day Division;
(3) execute the directives of the Board as to the operation of Student Bar Association Committees;
(4) serve as a member of those Student Bar Association Committees as he/she feels is most appropriate to represent the needs of the Evening Division; and
(5) ensure that the needs of the Evening Division are represented to the Board
(c) Should the Vice President for the Evening Division succeed to the Presidency, the President shall then have the power to appoint, subject to confirmation by the Board, a new Vice President for the Day Division and a new Vice President for the Evening Division, subject to the qualifications for those offices described in the Constitution.
(d) In the unlikely event that the President, the Vice President for the Day Division, and the Vice President for the Evening Division all resign or are removed from office, the Board shall elect an Acting President by a simple majority vote of those voting members of the Board present. The Acting President shall immediately direct the Elections Committee to conduct a special election to fill all three positions within two (2) weeks. The winners of this special election shall take office twenty-four (24) hours after their election has been certified by the Elections Committee and ratified by the Board. Until the election of a new President, the Acting President shall fulfill the responsibilities of the President.
Bylaw 205 - The Treasurer
(a) The
Treasurer shall be appointed by the President or, at the President's discretion,
the Interviews Committee. The term of the Treasurer shall commence upon
confirmation by the Board and end four weeks after the confirmation of a new
Treasurer the following year. During this four-week period, the outgoing
Treasurer shall train the new Treasurer and familiarize him/her with the various
procedures necessary to effectively execute the responsibilities of the office.
(b) The Treasurer shall:
(2) process all paperwork necessary for the prompt payment of the financial obligations of the Student Bar Association for which funds have been appropriated by the Board;
(3) develop, maintain, and present reports on the finances of the Student Bar Association as directed by the President or the Board;
(4) serve as a voting member of the Finance and Budget Committee, as described in Bylaw 211(c);
(5) serve as a member of the Inter-Club Council, as described in Bylaw 910;
(6) prepare all materials required for securing an allocation of funds from the Student Association;
(7) assist Executive Cabinet members in preparing a budget for their planned activities;
(8) abide by and enforce all financial regulations promulgated by these Bylaws or by the Board; and
(9) execute other duties as assigned by the President or the Board.
(c) The President may appoint an Assistant Treasurer to assist the Treasurer in executing these responsibilities. The Assistant Treasurer, if approved by a majority of the voting members of the Board, shall be able to authorize expenditures to the same extent as the Treasurer.
Bylaw 206 - The Secretary
(a) The
Secretary shall be appointed by the President or, at the President's discretion,
the Interviews Committee. The term of the Secretary shall commence upon
confirmation by the Board and end two weeks after the confirmation of a new
Secretary the following year. During this two-week period, the outgoing
Secretary shall familiarize the new Secretary with the various procedures
necessary to effectively execute the responsibilities of the office.
(b) The Secretary shall:
(2) determine if a quorum of voting members of the Board is present at the meetings in order to transact business;
(3) make copies of the minutes of the meetings available to Board members and members of the public who have an interest in viewing them;
(4) be responsible for any correspondence, memoranda, and/or materials necessary for the smooth functioning of the Student Bar Association;
(5) be responsible, in conjunction with the Judiciary Committee, for the proper maintenance and distribution of the Student Bar Association Constitution and Bylaws;
(6) be responsible for maintaining a compilation of all legislation passed by the Board, which is to be kept in the Student Bar Association Office at all times, for members of the public who have an interest in viewing them; and
(7) execute other duties as assigned by the President or the Board.
Bylaw 207 - The Representative to the American Bar
Association Law Student Division (ABALSD)
(a) The Representative
to the ABALSD shall be appointed jointly by the President and the outgoing
Representative. Should the President and outgoing Representative fail to agree
on a candidate, then the Interviews Committee shall conduct a search and
nominate a qualified individual to the Board. The term of the Representative
shall commence upon confirmation by the Board and end two weeks after the
confirmation of a new Representative the following year. During this two-week
period, the outgoing Representative shall familiarize the new Representative
with the various procedures necessary to effectively execute the
responsibilities of the office.
(b) The Representative shall:
(2) coordinate appropriate Board participation in activities of the American Bar Association, the ABALSD, and the ABALSD Circuit to which The George Washington University Law School belongs; and
(3) promote membership in the ABALSD among the student body.
(c) The President or the Representative to the ABALSD may appoint a Junior Representative, as well as members of an ABALSD Committee, to assist the Representative in executing these responsibilities.
Bylaw 208 - The Director of Academic Affairs
(a) The Director of Academic Affairs shall be appointed by the President or,
at the President's discretion, the Interviews Committee. The term of the
Director of Academic Affairs shall commence upon confirmation by the Board and
end two weeks after the confirmation of a new Director of Academic Affairs the
following year. During this two-week period, the outgoing Director of Academic
Affairs shall familiarize the new Director of Academic Affairs with the various
procedures necessary to effectively execute the responsibilities of the office.
(b) The Director of Academic Affairs shall:
(2) keep records on all initiatives of the various Faculty/Student Committees, including proposals, resolutions, and minutes;
(3) represent the student body, in conjunction with the President, at all meetings of the Law School Faculty;
(4) serve as a member of the Faculty/Student Curriculum Committee, as well as the Interviews Committee; and
(5) execute other duties as assigned by the President or the Board.
(c) The President or the Director of Academic Affairs may appoint Assistant Directors of Academic Affairs, as well as members of an Academic Affairs Committee, to assist the Director of Academic Affairs in executing these responsibilities. Assistant Directors of Academic Affairs shall be subject to confirmation by the Board.
Bylaw 209 - The Director of Commencement
(a) The Director of Commencement shall be appointed by the President or, at
the President's discretion, the Interviews Committee, subject to the condition
that the Director be a member of the class graduating at the end of the next
academic year. The term of the Director of Commencement shall commence upon
confirmation by the Board and end at his/her Commencement. After the appointment
of the next Director of Commencement, the outgoing Director of Commencement
shall familiarize the new Director of Commencement with the various procedures
necessary to effectively execute the responsibilities of the office.
(b) The Director of Commencement shall:
(2) coordinate all activity pertaining to awards decided upon by the graduating class;
(3) coordinate social activities for the graduating class between the end of classes and Commencement; and
(4) execute other duties as assigned by the President or the Board.
(c) The President or the Director of Commencement may appoint Assistant Directors of Commencement, as well as members of a Commencement Committee, to assist the Director of Commencement in executing these responsibilities. Assistant Directors of Commencement shall be subject to confirmation by the Board.
Bylaw 210 - The Director of Community Service
(a) The Director of Community Service shall be appointed by the President
or, at the President's discretion, the Interviews Committee. The term of the
Director of Community Service shall commence upon confirmation by the Board and
end two weeks after the confirmation of a new Director of Community Service the
following year. During this two-week period, the outgoing Director of Community
Service shall familiarize the new Director of Community Service with the various
procedures necessary to effectively execute the responsibilities of the office.
(b) The Director of Community Service shall:
(2) serve as primary liaison between the Student Bar Association and other community service groups, including the University's Office of Community Service;
(3) serve as a resource of information on community service for Law School student organizations and members of the student body;
(4) appoint, in conjunction with the President, a Director of the Pro Bono Program, and then work with that Director to develop and execute the Pro Bono Program; and
(5) execute other duties as assigned by the President or the Board.
(c) The President or the Director of Community Service may appoint Assistant Directors of Community Service, as well as members of a Community Service Committee, to assist the Director of Community Service in executing these responsibilities. The Director of the Pro Bono Program and Assistant Directors of Community Service shall be subject to confirmation by the Board.
Bylaw 211 - The Director of Finance and Budget
(a) The Director of Finance and Budget shall be appointed by the President
or, at the President's discretion, the Interviews Committee. The term of the
Director of Finance and Budget shall commence upon confirmation by the Board and
end two weeks after the confirmation of a new Director of Finance and Budget the
following year. During this two-week period, the outgoing Director of Finance
and Budget shall familiarize the new Director of Finance and Budget with the
various procedures necessary to effectively execute the responsibilities of the
office.
(b) The Director of Finance and Budget shall:
(2) propose a budget for disbursement of funds to the various eligible student organizations;
(3) assist the Treasurer in helping members of the Executive Cabinet prepare their own budgets;
(4) recommend to the Board whether the Board should approve ad hoc funding requests made by members of the student body;
(5) regularly audit the financial records of the Student Bar Association and all activities funded by the Student Bar Association, and report immediately any improprieties to the Treasurer and the Board;
(6) make recommendations to the Board on possible financial sanctions for violations of the financial bylaws and regulations of the Student Bar Association; and
(7) execute other duties as assigned by the President or the Board.
(c) The President or the Director of Finance and Budget may appoint Assistant Directors of Finance and Budget, as well as members of a Finance and Budget Committee, to assist the Director of Finance and Budget in executing these responsibilities. Assistant Directors of Finance and Budget shall be subject to confirmation by the Board. The Treasurer shall be a member of the Finance and Budget Committee.
Bylaw 212 - The Director of First-Year
Programs
(a) The Director of First-Year Programs shall be appointed by
the President or, at the President's discretion, the Interviews Committee. The
term of the Director of First-Year Programs shall commence upon confirmation by
the Board and end two weeks after the confirmation of a new Director of
First-Year Programs the following year. During this two-week period, the
outgoing Director of First-Year Programs shall familiarize the new Director of
First-Year Programs with the various procedures necessary to effectively execute
the responsibilities of the office.
(b) The Director of First-Year Programs shall:
(2) coordinate all Student Bar Association activities during First-Year Orientation;
(3) coordinate a mentor program for the First-Year Class;
(4) coordinate programs targeted to the First-Year Class with the Career Development Office; and
(5) execute other duties as assigned by the President or the Board.
(c) The President or the Director of First-Year Programs may appoint Assistant Directors of First-Year Programs, as well as members of a First-Year Programs Committee, to assist the Director of First-Year Programs in executing these responsibilities. Assistant Directors of First-Year Programs shall be subject to confirmation by the Board.
Bylaw 213 - The Director of Minority Affairs
(a) The Director of Minority Affairs shall be appointed by the President or,
at the President's discretion, the Interviews Committee. The term of the
Director of Minority Affairs shall commence upon confirmation by the Board and
end two weeks after the confirmation of a new Director of Minority Affairs the
following year. During this two-week period, the outgoing Director of Minority
Affairs shall familiarize the new Director of Minority Affairs with the various
procedures necessary to effectively execute the responsibilities of the office.
(b) The Director of Minority Affairs shall:
(2) represent the needs of the minority student population at the Law School to the Student Bar Association;
(3) promote or coordinate multicultural programming and awareness at the Law School;
(4) facilitate cooperation amongst the various minority student organizations;
(5) advise the Faculty/Student Committee on Student Recruitment on minority student recruitment issues; and
(6) execute other duties as assigned by the President or the Board.
(c) The President or the Director of Minority Affairs may appoint Assistant Directors of Minority Affairs, as well as members of a Minority Affairs Committee, to assist the Director of Minority Affairs in executing these responsibilities. Assistant Directors of Minority Affairs shall be subject to confirmation by the Board.
Bylaw 214 - The Program Director
(a) The
Program Director shall be appointed by the President or, at the President's
discretion, the Interviews Committee. The term of the Program Director shall
commence upon confirmation by the Board and end two weeks after the confirmation
of a new Program Director the following year. During this two-week period, the
outgoing Program Director shall familiarize the new Program Director with the
various procedures necessary to effectively execute the responsibilities of the
office.
(b) The Program Director shall:
(2) serve as primary liaison for the Student Bar Association and the student body on issues pertaining to District of Columbia and University regulations regarding the use of alcohol at school-sponsored events;
(3) publicize University alcohol regulations to Law School student organizations, and ensure compliance with the University's alcohol regulations at all Student Bar Association-sponsored activities; and
(4) execute other duties as assigned by the President or the Board.
(c) The President or the Program Director may appoint Assistant Program Directors, as well as members of a Program Board, to assist the Program Director in executing these responsibilities. Assistant Program Directors shall be subject to confirmation by the Board.
Bylaw 215 - The Director of Public Relations
(a) The Director of Public Relations shall be appointed by the President or,
at the President's discretion, the Interviews Committee. The term of the
Director of Public Relations shall commence upon confirmation by the Board and
end two weeks after the confirmation of a new Director of Public Relations the
following year. During this two-week period, the outgoing Director of Public
Relations shall familiarize the new Director of Public Relations with the
various procedures necessary to effectively execute the responsibilities of the
office.
(b) The Director of Public Relations shall:
(2) publicize the names and titles of the members of the Student Bar Association Board to the Law School community at the beginning of each new academic year;
(3) assist the Secretary in the performance of his/her duties;
(4) coordinate any posting regulations promulgated by the Board; and
(5) execute other duties as assigned by the President or the Board.
(c) The President or the Director of Public Relations may appoint Assistant Directors of Public Relations, as well as members of a Public Relations Committee, to assist the Director of Public Relations in executing these responsibilities. Assistant Directors of Public Relations shall be subject to confirmation by the Board.
Bylaw 216 - The Director of Student Services
(a) The Director of Student Services shall be appointed by the President or,
at the President's discretion, the Interviews Committee. The term of the
Director of Student Services shall commence upon confirmation by the Board and
end two weeks after the confirmation of a new Director of Student Services the
following year. During this two-week period, the outgoing Director of Student
Services shall familiarize the new Director of Student Services with the various
procedures necessary to effectively execute the responsibilities of the office.
(b) The Director of Student Services shall:
(2) coordinate the rental of lockers in the Law School at the beginning of each academic year;
(3) coordinate a book sale or book exchange in the Law School at the beginning of each semester; and
(4) execute other duties as assigned by the President or the Board.
(c) The President or the Director of Student Services may appoint Assistant Directors of Student Services, as well as members of a Student Services Committee, to assist the Director of Student Services in executing these responsibilities. Assistant Directors of Student Services shall be subject to confirmation by the Board.
LEVEL 300 - OTHER OFFICERS AND STANDING
COMMITTEES
Bylaw 301 - The Interviews Committee
(a)
The Interviews Committee shall consist of the following members: the Chair of
the Interviews Committee, the Director of Academic Affairs, and two other
members who are either Representatives or members of the Judiciary Committee.
The President, or his/her designee, shall also serve as a member of the
Interviews Committee and shall only vote in the event of a tie.
(b) The Chair of the Interviews Committee shall be appointed by the
President at the same time as the Executive Cabinet. The term of the Chair of
the Interviews Committee shall commence upon confirmation by the Board and end
one week after the confirmation of a new Chair of the Interviews Committee the
following year. During this one-week period, the outgoing Chair of the
Interviews Committee shall familiarize the new Chair of the Interviews Committee
with the various procedures necessary to effectively execute the
responsibilities of the office. The Chair of the Interviews Committee shall
coordinate all activities of the Interviews Committee.
(c) The Interviews Committee shall interview and nominate candidates for the following positions:
(2) members of the Elections Committee, as described in Bylaw 303;
(3) student representatives to Law School and University Committees, as described in Bylaw 304;
(4) vacancies in the Executive Cabinet, as directed by the President;
(5) vacancies among the Representatives, as directed by the President; and
(6) other positions as required by the President or the Board.
(d) The Chair of the Interviews Committee shall coordinate all activities of the Interviews Committee. The Chair of the Interviews Committee shall ensure that all vacant positions are adequately publicized (including position descriptions) and shall devise a method for interested students to apply for vacant positions, including standard applications and questions for the interviews.
(e) At the conclusion of the Interviews process, the Chair of the Interviews Committee shall communicate the Interviews Committee's nominations to the Board, in writing, at least forty-eight (48) hours before the Board will consider such nominations.
(f) If no member of the Board objects, the Interviews Committee's nominations for each committee or office may be considered en masse. Candidates shall be subject to confirmation by the Board..
(g) Members of the Board may request particular candidates to appear before them to answer questions. Failure of a candidate to appear after notification does not automatically mean the Board cannot consider that nomination. By a majority vote of the voting members of the Board, a candidate may be removed from the slate of candidates under consideration.
Bylaw 302 - The Judiciary Committee
(a)
The Judiciary Committee shall be composed of five (5) members. One of these
members must be a first-year student in the J.D. program, one of these members
must be a second-year student in the J.D. program, and one of these members must
be either a third- or fourth-year student in the J.D. program. The Interviews
Committee shall nominate new members of the Judiciary Committee as vacancies
occur. The term of a member of the Judiciary Committee shall commence
immediately upon confirmation by a majority vote of the voting members of the
Board, and shall not end until that member either graduates or withdraws from
the Law School, resigns, or is removed by the Board.
(b) The Chair of the Judiciary Committee shall be selected by the members of the Judiciary Committee from amongst the members of the Judiciary Committee. The term of the Chair of the Judiciary Committee shall commence upon election by the Judiciary Committee and shall end once the first-year member is selected during the following Fall semester. At this point the Judiciary Committee shall elect a new Chair or re-elect the old Chair.
(c) The Judiciary Committee shall:
(2) maintain updated and official copies of the Constitution and Bylaws of the Student Bar Association;
(3) maintain the official record of all legislative activity of the Board;
(4) provide the Board with rudimentary information on parliamentary procedure;
(5) advise all officers, Representatives, and committees of the Student Bar Association upon request;
(6) maintain a quorum of three members at every meeting of the Board;
(7) recognize student organizations according to the procedures in Level 900 of these Bylaws; and
(8) execute other duties as assigned by the Board.
(d) The Chair of the Judiciary Committee shall serve as the Parliamentarian of the Board. Procedural decisions of the person running Board meetings may be appealed to the Parliamentarian. If the Chair of the Judiciary Committee is absent from a meeting, the members of the Judiciary Committee shall designate a Parliamentarian pro tempore from amongst themselves. If the person running the meeting is the Chair of the Judiciary Committee, his/her procedural decisions may be appealed to the remaining members of the Judiciary Committee. Decisions of the parliamentary authority on appeals of procedure appeals shall be binding on the Board.
(e) Members of the Judiciary Committee shall recuse themselves from participating in any discussion on a matter in which the member has personal bias, or on any matter pertaining to a student organization of which he/she is an executive officer.
Bylaw 303 - The Elections Committee
(a)
The Elections Committee shall consist of the following members: the Chair of the
Elections Committee, one member of the Judiciary Committee, one graduating
member of the Board, and two at-large members who are not officers of the Board.
The President, may not serve as a member of the Elections Committee, but may
provide the Elections Committee with advice and information as requested.
(b) The members of the Elections Committee shall be selected in the following manner:
(2) The Judiciary Committee shall select one of its members to serve on the Elections Committee.
(3) The Executive Officers shall select one graduating member of the Board to serve on the Elections Committee.
(c) No person may be a member of the Elections Committee who is running for office in an election. No member of the Elections Committee may campaign or work on behalf of any candidate or referendum issue while a member of the Committee.
(d) The Elections Committee shall:
(2) promulgate rules for all elections and referenda in accordance with Levels 700 and 800 of the Bylaws;
(3) hear and act upon election complaints and/or violations of these Bylaws or rules promulgated by the Elections Committee;
(4) organize publicity for all elections and referenda, and distribute necessary information to candidates;
(5) certify all elections and referenda upon their completion, and present the results to the Board for ratification in accordance with Levels 700 and 800 of the Bylaws; and
(6) execute other duties as assigned by the Board.
(e) The Chair of the Elections Committee shall coordinate all activities of the Elections Committee.
(f) Decisions of the Elections Committee shall be final for purposes of its certification of elections and referenda. However, appeals may be made directly to the Board prior to its ratification of the certification.
Bylaw 304 - Representatives to Law School and
University Committees
(a) The Interviews Committee shall nominate
members to Law School and University Committees, as requested by the Faculties
and Administrations of the Law School and the University. The Interviews
Committee shall designate Student Chairs for each committee. Chairs and members
of these committees shall be confirmed by a majority vote of the voting members
of the Board.
(b) With the concurrence of the Director of Academic Affairs and the Chair of
the Interviews Committee, the President may nominate members for these
committees without going through the formal interview process. This bypass
procedure is appropriate for officers already elected or confirmed by the Board
to work on the subject matter covered by the committee in question. The
President shall provide specific notice to the Board about any nominations made
under this provision before those nominations are considered.
(c)
The Director of Academic Affairs shall serve as the primary liaison between the
Student Bar Association and members of these committees.
(d) Members of these committees are expected to regularly attend committee meetings, prepare for committee meetings, and seek out student opinion on issues being discussed in committee.
(e) Chairs of these committees are expected to regularly report committee happenings to the Board through the Director of Academic Affairs and coordinate the activities of other student committee members.
Bylaw 305 - Student Association Senators
(a) Pursuant to the Constitution of The George Washington University Student
Association, the Law School is entitled to elect an apportioned number of law
students as Senators in the Student Association Senate. Law students may also
run for Graduate-at-Large Senate seats.
(b) Any law students elected as Law School Senators or Graduate-at-Large Senators shall be considered ex officio officers of the Board. As such, they may attend and participate in Board meetings.
(c) The President shall serve as the primary liaison between the Senators and the Student Bar Association. The Treasurer shall work with the Senators on issues of Student Association funding for the Student Bar Association.
Bylaw 401 - Apportionment of Representatives
Representatives of the student body shall be elected to the Student Bar
Association pursuant to, and in accordance with, Article III of the Student Bar
Association Constitution.
Bylaw 402 - Constituencies
(a) The
constituency of the first-year representatives shall include all full-time and
part-time students enrolled in the Juris Doctor program that are within their
respective first-year sections.
(b) The constituencies of the second-, third-, and fourth-year representatives are students enrolled in the Juris Doctor program that are within their respective classes.
Bylaw 403 - Duties and Responsibilities of
Representatives
Each representative shall:
(2) report and gather feedback on, to the greatest extent feasible, all activities of the Student Bar Association that affect or may potentially affect his/her constituency;
(3) serve, at his/her discretion, on at least one Executive Cabinet Committee, or on one Law School or University Committee, or on an ad hoc committee created by the Student Bar Association;
(4) vote, whenever eligible to do so, on all resolutions, Bylaws, or Constitutional Amendments in person or by proxy, or abstain from such votes; and
(5) perform such special duties as may be delegated to him/her in accordance with the provisions of these Bylaws or by vote of the Board.
Bylaw 404 - Vacancies Among the
Representatives
Should vacancies among the Representatives remain after
an election, or should a Representative become unable to complete his/her tenure
for any reason, the vacancy shall be filled in accordance with Bylaw 202(b)(6).
However, if the Representative in question is a First-Year Representative, the
Elections Committee shall fill the vacancy through a special election in the
affected first-year section, in accordance with Level 700 of these Bylaws.
Bylaw 501 - Meetings of the Board
(a) The
President shall establish a calendar of regular meetings at the beginning of
each semester and circulate it to members of the Board. Special meetings of the
Board may be called by any two Executive Officers, by a majority of the
Judiciary Committee, or by petition of one-third (1/3) of the voting
Representatives.
(b) Meetings shall be conducted in accordance with Robert's Rules of Order, Newly Revised, or in accordance with such rules as the Board may adopt from time to time by a two-thirds (2/3) majority vote.
(c) All meetings shall require a quorum to be present in accordance with the Article II, Section 222 of the Student Bar Association Constitution. Should such quorum not be available for any meeting, actions taken by participants in such a meeting shall be subject to review by the Board at the next meeting having a quorum. A "quorum" means a majority of the voting members of the Board.
(d) The Chair of all meetings shall be the President or his/her designee. If the President is unavailable to serve as Chair and has failed to designate a replacement, the Vice President for the Day Division, or his/her designee, shall act as Chair. Should the President or his/her designee become available, he/she may resume the Chair at that time.
Bylaw 502 - Executive Sessions
(a) A
closed meeting of the Student Bar Association, or an Executive Session, may be
convened as needed by a vote of the majority of the voting members of the Board
present, or by a majority of the members of the Judiciary Committee present.
Attendance at Executive Sessions shall be limited to the Executive Officers, the
Representatives, the Judiciary Committee, the Treasurer, the Secretary, and such
other persons whose attendance the Executive Officers, the Representatives, or
the Judiciary Committee deem appropriate or necessary to the purpose of the
Executive Session. A majority vote of the voting members of the Board present
shall suffice to override the Judiciary Committee's invocation of Executive
Session, or to call the meeting out of Executive Session.
(b) Executive Sessions shall be chaired in accordance with Bylaw 501(d).
(c) In disciplinary proceedings of which the President is the subject, the Vice President for the Evening Division or his/her designee shall act as Chair.
(d) The proceedings of Executive Sessions are confidential, and shall not be discussed with any parties not specifically authorized by this Bylaw to participate in such Executive Session.
(e) No minutes shall be taken during the Executive Session unless specifically authorized by these Bylaws. The only votes that may be taken during Executive Session are those specifically authorized by these Bylaws, and votes to end the Executive Session.
Bylaw 503 - Mandatory Attendance at Meetings
(a) Executive Officers, members of the Executive Cabinet, Representatives,
and members of the Judiciary Committee are required to attend all regularly
scheduled meetings of the Student Bar Association. Prospective absences shall be
brought to the attention of the Executive Officers before the meeting if
possible.
(b) In the event that an Executive Officer, a member of the Executive Cabinet, a Representative, or a member of the Judiciary Committee is absent from three consecutive meetings or more than five individual meetings, that person is automatically removed from office at the conclusion of the third consecutive or fifth individual meeting. When an Executive Officer, a member of the Executive Cabinet, a Representative, or a member of the Judiciary Committee has accumulated either two consecutive or four individual absences, the President will notify that individual that one additional absence will result in removal from office. This notice must be provided, in writing, no later than one (1) week before the next regularly scheduled meeting.
(c) Officers removed under subsection (b) of this Bylaw shall be entitled to petition the Board for reinstatement at the next regularly scheduled meeting. The officer seeking reinstatement shall notify the President forty-eight (48) hours before the meeting so that the President can place consideration of the petition on the agenda. By two-thirds (2/3) vote of the voting members of the Board, the Board may reinstate the petitioning officer.
(a) Voting in Student Bar Association Board meetings shall be by a method of one-vote-per- voting-Board-member.
(b) In all Student Bar Association Board meetings, the President, if running
the meeting, or any person running the meeting on behalf of the President, shall
not vote unless to break a tie.
(c) In committees, voting shall
be by one-vote-per-member, without regard to status in Board meetings.
(d) Voice voting shall be employed unless a member of the Board
calls for division by hand or by roll call.
Bylaw 505 - Conflicts of Interest in Voting
(a) No Board member may vote on issues directly affecting a student
organization of which he/she is an executive officer or on issues in which
he/she has a personal stake.
(b) Whenever a voting Board member believes, or has reason to believe, that
there is a conflict of interest between his/her Student Bar Association duties
and any other duty, obligation, responsibility, or interest, such Board member
shall recuse himself/herself from voting on any issues so implicated.
(c) Whenever a Board member or a member of the Student Bar Association
indicates a possible conflict of interest on the part of any other Board member,
the Board member having such putative conflict shall recuse himself/herself from
voting on any such indicated issues or satisfy a majority of the Board that such
conflict of interest does not exist.
Bylaw 506 - Proxy Voting
(a) When a voting
member of the Student Bar Association cannot be present for a meeting, or must
leave a meeting early, he/she may submit a proxy form, directing that his/her
vote be cast in a certain way on a particular matter. To be valid, proxies must
be in writing.
(b) In no event shall a proxy vote be cast other than specified in the proxy form, or at any Board member's sole discretion.
LEVEL 600 - LEGISLATIVE PROCESS
Bylaw 601 - Legislation: Resolutions and Bills
(a) The Board may consider legislation at its meetings. All legislation
considered by the Board must be in writing. Legislation generally takes the form
of either resolutions or bills. A resolution states a position or the sentiment
of the Board. A bill authorizes specific action. For example, a bill may
authorize the expenditure of funds, an amendment to the Constitution or Bylaws,
or the creation of a special committee.
(b) Unless specifically stated elsewhere in the Constitution or Bylaws, a majority vote of the voting members of the Board who are present at the time of the vote shall be sufficient to pass legislation.
(c) Resolutions may be sponsored by any member of the Board and may be introduced at the meeting at which they will be considered. Sponsors of resolutions are responsible for bringing enough copies of the proposed resolution for members of the Board to the meeting.
(d) Bills may be sponsored by any member of the Board. Bills must be submitted to the Executive Officers, the Representatives, the Judiciary Committee, and the Secretary at least forty-eight (48) hours before the meeting at which they will be considered. Bills involving the expenditure of funds must also be submitted to the Treasurer. However, a two-thirds (2/3) vote of the voting members of the Board present shall suffice to waive this requirement. During the consideration of a bill, the Judiciary Committee shall have the opportunity to comment on the constitutionality of the bill should it desire.
(e) The Board may, from time to time, decide to vote on special funding requests from Student Bar Association officers, student organizations, or members of the student body. Requests from officers of the Student Bar Association shall be presented by the officer making the request or the Treasurer. Requests from student organizations and members of the student body shall be presented to the Board by the Director of Finance and Budget, along with a recommendation on how the Board should dispose of the request. The Secretary shall keep a permanent record of all such special funding requests and their final disposition by the Board.
(f) A resolution passed by the Board has no binding effect on subsequent Student Bar Associations. A bill passed by the Board is binding on subsequent Student Bar Associations, unless that bill is specifically repealed by a subsequent bill.
Bylaw 602 - Veto by the President
(a) The
President shall have the right, pursuant to the Constitution, to veto any
substantive action of the Board, other than censures and impeachments, up to
twenty-four (24) hours before the next regularly scheduled meeting of the Board.
(b) Should the President wish to veto an act of the Board at the Board's last meeting of the semester, the President must exercise the veto power before the conclusion of the meeting.
(c) To exercise the veto power, the President must communicate his/her intention to do so within twenty-four (24) hours of the next regularly scheduled meeting of the Board. The President's veto message must be in writing, and must state the President's specific objections to the Board's act. This veto message must be delivered to the Executive Officers, the Representatives, the Judiciary Committee, and the Secretary.
Bylaw 603 - Veto Override by the Board
(a)
The voting members of the Student Bar Association Board may override a
presidential veto at any meeting of the Board that occurs within twenty-one days
of the said veto should they achieve the requisite two-thirds (2/3) vote.
LEVEL 700 - ELECTIONS GENERALLY
Bylaw 701 - Scope of this Level
(a) The
provisions of this Bylaw apply to the elections of the President, Vice
Presidents, and Representatives of the Student Bar Association.
(b) This Bylaw does not pertain to the referenda discussed in Level 800.
Bylaw 702 - Promulgation of Election Rules in
addition to this Level
The Elections Committee may promulgate and
enforce any rules regarding elections that are not discussed in the Bylaws and
are deemed necessary for running a successful election.
Bylaw 703 - Publication of the Election
Schedule
The Elections Committee shall publish a schedule of events no
later than three weeks in advance of the determined date of any election. This
schedule will at least specify times and dates for the events described in
Section 3, as well as the actual date of the election as determined by Article
III, ßß 301, 304 of the SBA Constitution.
Bylaw 704 - Mandatory Meeting for Candidates
(a) A Candidates Meeting shall be held within two weeks of the scheduled
date of the election, the exact date to be set by the Elections Committee. The
purpose of the meeting is to inform and explain to the candidates the rules and
regulations which relate to elections, as set out by these Bylaws or promulgated
by the Elections Committee. At this meeting, the Elections Committee shall
distribute a complete set of rules to all candidates in writing.
(b) All persons wishing to run for an elected position must attend the Candidates Meeting in person or by proxy in order to have his/her name placed on an official ballot in an election.
(c) Each candidate shall complete and sign a Candidate Registration Form by a date determined by the Elections Committee.
(d) No student may conduct written campaigning prior to the filing deadline described in Bylaw 704(c). Rules for campaigning shall be determined by the Elections Committee and explained to the candidates at the Mandatory Candidates Meeting, as provided for in this Section.
Bylaw 705 - Ballots and Voting Procedures
(a) Candidates' names will appear on the ballot in alphabetical order.
(b) All ballots shall be printed by the Elections Committee, and
shall include the name of each candidate that is entitled to have his/her name
on the ballot due to full compliance with all election bylaws. All ballots shall
also include a space for a write-in candidate for each office open for election.
(c) The ballot box for the elections shall be conspicuously
placed. Neutral notices of the election shall be posted throughout the Law
School. These notices shall include the hours during which the polls shall be
open and the location at which balloting will take place.
(d) The
Elections Committee may employ student volunteers to serve as poll workers
during the voting. Poll workers may not campaign for any candidate while on
duty. No candidate may be a poll worker.
(e) Balloting for
school-wide elections shall take place at a convenient time for day and evening
students as determined by the Elections Committee. During this time, the
Elections Committee shall distribute one (1) ballot to each student who properly
identifies himself/herself with a valid law student identification card. The
poll worker shall immediately check off the name of the voter on the official
master list of the law students acquired from the Law School Administration
prior to the opening of the polls.
(f) After completing the
ballot, the voter shall place it into the ballot box. Once a student has
received a ballot from the Elections Committee, no member of the Elections
Committee shall handle or touch the ballot until after the close of the polls.
Ballots which do not conform to the rules or instructions promulgated by the
Elections Committee may be disqualified at the Elections Committee's discretion.
(g) Under no circumstances shall a ballot be permitted to be
removed from the immediate vicinity of the ballot box. If this occurs, the
ballot will be deemed invalid.
Bylaw
706 - Counting Ballots
(a) After the polls are closed by the Elections
Committee, the Committee shall conduct the official ballot counting.
(b) All candidates are entitled to send a personal representative to observe the counting of ballots for their own races, so long as the personal representative is in possession of a writing signed by the candidate authorizing the individual to act as the candidate's personal representative. Under no circumstances shall these personal representatives be allowed to actually participate in the counting of ballots. No person, other than members of the Elections Committee and those individuals that qualify as personal representatives under this subsection shall be permitted to observe the counting.
(c) The Elections Committee shall retain the ballots after counting is
completed until the Student Bar Association Board ratifies the elections as per
Bylaw 704.
(d) The Elections Committee shall announce the
unofficial results of the elections as soon as practicable after completion of
all counting. This announcement shall state that the results are still subject
to confirmation by the Board.
Bylaw
707 - Run-off Elections
A candidate receiving a plurality of the votes
for any office shall be elected provided that he/she receives a minimum of 40%
of the votes cast. In the event no candidate receives 40% of the votes cast, the
Elections Committee shall hold a run-off election. The run-off election shall be
held the next day, or within a reasonable period of time, between the two
candidates receiving the highest number of votes. The anticipated date of a
run-off election shall be announced at the time of the candidates meeting.
Bylaw 708 - Violations of Election
Rules
(a) Violations of the provisions of these election Bylaws and any
regulations set forth by the Elections Committee shall be sufficient grounds for
disqualification of a candidate and/or invalidation of the elections in which
the disqualified candidates received a majority of the votes cast.
(b) Candidates for the new elections shall be those who were not disqualified
in the original election, as well as any otherwise eligible write-in candidates.
(c) The Elections Committee and the Executive Officers shall
enforce all Bylaws and regulations pertaining to the elections. The Elections
Committee may, on its own initiative, bring a formal complaint against a
candidate for violations of election rules.
(d) Formal complaints
of violations of the election rules, whether initiated by the Elections
Committee, by an individual candidate, or a concerned member of the Law School
student body, shall be in writing and shall set forth the information upon which
the writer believes the accused candidate has committed some prohibited act, and
must specify the election rule(s) believed to be implicated. Formal complaints
must be made within forty-eight (48) hours of the Elections Committee's
announcement of the apparent winners.
(e) The Elections Committee
shall hold a hearing within a reasonable amount of time after the filing of an
official complaint with the Committee.
(2) The Elections Committee shall find the accused not guilty of an offense unless the Committee finds there are facts to establish the accused candidate's guilt by a preponderance of the evidence.
(3) The Elections Committee shall publish its decision within a reasonable amount of time.
(f) The Elections Committee may fashion any remedy it finds appropriate in its discretion, that serves the aim of reversing, to the extent possible, the harm actually caused by a violation as determined in a formal hearing. Remedies may include, but are not limited to, private or public reprimands, public apology by the wrongdoer, prohibition or loss of certain written campaigning rights, disqualification of a candidate for office and removal of the candidate's name from the ballot, nullification of an election, and/or refusal to certify election results. The Elections Committee, by majority vote, may waive any provisions of the Elections Bylaws when required by substantial fairness for remedying an election violation. The Elections Committee shall notify the Judiciary Committee when it takes such action. The Judiciary Committee may overturn such a decision of the Elections Committee if it finds the actions to have been an abuse of discretion.
(g) Any person may file a challenge against a decision the Elections
Committee by serving a written notice and challenge upon the Elections
Committee, with a copy furnished to the Judiciary Committee, if he/she
reasonably believes the Committee to have (1) failed to enforce the Elections
Bylaws in such a manner as to substantially impair or harm an individual's
campaign, (2) violated these Bylaws intentionally, or (3) erred in counting. The
Judiciary Committee shall conduct a hearing, similar to the hearing provided for
in Bylaw 708(e), to determine the validity of the claim.
Bylaw 709 - Write-in Candidates
Write-in
candidates must follow the same guidelines as the other candidates in terms of
campaigning and any other rules set forth by the Elections Committee as
discussed in Section 2 of this Bylaw. Candidates who fail to follow the letter
and/or spirit of any and all election rules and regulations shall be
disqualified by the Elections Committee. The decision of the Elections Committee
may be appealed to the Judiciary Committee and shall be reviewed under an abuse
of discretion standard.
Bylaw 710 - Special Provisions for Spring
Elections
(a) Bylaws 710, 711, and 712 contain provisions specific to
the Spring Elections for the President, the Vice Presidents, and the Upper-Level
Representatives.
(b) "Upper-Level Representatives" means those Representatives who do not
represent a First-Year section.
Bylaw
711 - Candidates Forum
(a) Candidates for the office of the President,
Vice President for the Day Division, Vice President for the Evening Division,
and Upper-Level Representatives, will be required to participate in a Candidates
Forum during which the candidates shall have an opportunity to present their
platforms and constituents shall have an opportunity to pose questions to the
candidates.
(b) The Candidates Forum will be held on an
appropriate date as determined by the Elections Committee, but in no event less
than two (2) days before the election.
Bylaw 712 - Graduating Voters
Each third year
day student or fourth year evening student shall be afforded a full vote in the
Spring Election. Each shall vote only for President and either Day Vice
President (if a day student) or Evening Vice President (if an evening student).
Bylaw 720 - Special Provisions for
Fall Elections
Bylaws 720, 721, 722 and 723 contain provisions specific
to the Fall Elections for the First-Year Representatives.
Bylaw 721 - Publicity Requirements for Fall
Elections
(a) At least three days prior to the candidates meeting
described in Bylaw 704, the Elections Committee shall publicize and hold an
information session for prospective first-year candidates. This information
session shall be held to explain and answer questions about the roles and
responsibilities of a Representative.
(b) The Elections Committee shall distribute the names of each first year
section's officially registered candidates to every student in that first year
section no less than seven days prior to the election.
(c) The
Elections Committee shall seek to encourage and facilitate a candidate's forum
for the candidates from each first-year section.
Bylaw 722 - Balloting Procedures for Fall Elections
Voting by ballot distributed in a first-year section class may be
substituted for the voting method described in Bylaw 705, subject to the
following requirements:
(1) In-class voting shall take place shortly before, during, or shortly after
a regularly scheduled class period.
(2) No less than three days
before the election, the Elections Committee shall post the class, date, and
time of in-class elections for each first year section. The Elections Committee
shall also announce in each first year section the scheduled voting time for
that section. Voting must take place during the class announced. The Elections
Committee shall also post and announce the date and time that a run-off election
will be held should it be necessary.
(3) In-class balloting shall
be conducted with no fewer than two election officers present. An "election
officer" is a member of the Elections Committee or another non-first year
student designated as an election officer by the Elections Committee.
(4) One ballot shall be distributed directly to and collected directly from
each student.
(5) Ballots shall be numbered consecutively.
Following the balloting the election officers shall check the number of
collected ballots against the number of students present.
(6) No
balloting will be permitted outside the prescribed voting time.
Bylaw 723 - Large First-Year Sections
If
there are more than one hundred fifty (150) students in any given section, that
section shall have two (2) representatives.
Bylaw 730 - Certification and Ratification of
Elections
(a) For all elections, the Elections Committee shall submit a
report to the Board, certifying that each used ballot box was in valid physical
condition when opened by the Committee, that each ballot was counted, and that
the winner of each office has received the greatest number of votes cast for
that office. Candidates may appeal the validity of the report of the Elections
Committee to the Judiciary Committee via the method discussed in Bylaw 708(g).
(b) The certification report of the Elections Committee must be
confirmed by the Board without amendment to effectuate a ratification of the
elections. Failure of a particular candidate to win an election is not a valid
ground for the Board to fail to ratify an election. The Board may only fail to
ratify an election if there is a bona-fide dispute as to the validity of a
contested election.
Bylaw 740 -
Transition Procedures and Assumption of Office
(a) The President, Vice
Presidents, and Upper-Level Representatives shall take office in accordance with
the Student Bar Association Constitution. The days between the election and
assumption of office shall be used as a transition and training period for all
new Executive Officers- and Representatives-Elect. This period shall also be
used by the President-Elect for the recruitment, appointment, and selection of a
new Executive Cabinet and other officers.
(b) First-Year
Representatives shall assume office upon the certification and ratification of
their elections, and they shall serve until the following general election in
the Spring.
LEVEL 800 - REFERENDA
Bylaw 801 - General Provisions Applying to all
Referenda
(a) A petition bearing the valid signatures and social
security numbers of ten percent (10%) of the student body, using numbers
provided by the Records Office, shall cause a specific question to be placed on
a ballot for a referendum vote by the student body.
(b) Balloting
and voting for referenda shall be conducted as follows:
(2) Balloting shall take place at a convenient time for day and evening students as determined by the Elections Committee. During this time, the Elections Committee shall distribute one (1) ballot to each student who properly identifies himself/herself with a valid law student identification card. The poll worker shall immediately check off the name of the voter on the official master list of the law students acquired from the Law School Administration prior to the opening of the polls.
(3) After completing the ballot, the voter shall place his/her ballot into the ballot box. After a student has received a ballot from the Elections Committee, no member of the Elections Committee shall handle or touch any ballot until after the close of the polls. Ballots which do not conform to the rules or instructions promulgated by the Elections Committee may be disqualified at the Elections Committee's discretion.
(4) Under no circumstances shall a ballot be permitted to be removed from the immediate vicinity of the ballot box. If this occurs, the ballot will be deemed invalid.
(c) Vote counting shall be conducted as follows:
(2) The Elections Committee shall retain the ballots after counting is completed, until the time that the Student Bar Association Board ratifies the results as per Bylaw 802.
(3) The Elections Committee shall announce the results of the elections as soon as practicable after completion of all counting.
(d) The Elections Committee may promulgate and enforce any rules regarding
referenda that are not discussed in the Bylaws and are deemed necessary for
running a successful vote on a referendum.
(e) Challenges to any
aspect of the referendum shall be handled according to the provision of Bylaw
708.
Bylaw 802 - Certification and
Ratification of Referenda
(a) The Elections Committee shall submit a report to the Executive Board, certifying that each ballot box used was in valid physical condition when opened by the Committee, that each ballot was counted, and that the referendum "winner" received the most votes.
(b) The certification report of the Elections Committee must be confirmed by the Board without amendment to effectuate a ratification of the results of the referendum. Disagreement with the results of a referendum is not a valid ground for the Board to fail to ratify the results of a referendum. The Board may only fail to ratify the results if there is a bona-fide dispute as to the validity of contested results.
Bylaw 810 - Disbursement of Special Monies by
Referendum
(a) The following terms are defined to avoid ambiguities when
interpreting this Bylaw.
(2) "Beneficiary" means a recipient of special monies described in Bylaw 810(a)(1).
(b) When the opportunity arises to disburse special monies by referendum, the
Elections Committee shall determine a schedule for elections to determine how
the monies shall be disbursed. This schedule shall include, but is not limited
to, dates for an informational meeting, registration deadlines, and the voting
date. This schedule will be announced to the SBA Board and to each potential
beneficiary of this money.
(c) An informational meeting shall be
held by the Elections Committee for potential beneficiaries in a reasonable
amount of time before the scheduled date of the referendum. At this meeting the
Elections Committee shall explain to the potential beneficiaries the proper
procedures for participating in the referendum for the disbursement of funds, as
well as any other pertinent information necessary for participating in the
referendum. At this meeting, the Elections Committee shall distribute a complete
set of the rules governing the referendum in writing.
(d) In
order to be placed on the ballot for the disbursement of special monies,
potential beneficiaries or a coalition of potential beneficiaries must circulate
a petition throughout the student body, obtaining the amount of signatures
required by the Elections Committee.
(e) Potential beneficiaries
or coalitions of potential beneficiaries who are successful in getting on the
ballot must participate in an informational open student forum to present their
requests to the student population, as well as answer any questions that may
arise.
(f) The date of voting for the referendum for the
disbursement of special monies shall be set by the Elections Committee. The date
must not conflict with other election dates as described in Article III, ßß 301,
304 of the SBA Constitution, or the period leading up to those elections as set
by the schedule determined by the Election Committee as per Bylaw 701, ß 3, or
during the transition period as described in Bylaw 740. The date also should be
at least three weeks before final exams in either semester.
(g)
In a referendum for the disbursement of special monies, the ballots shall
contain a description of the qualifying beneficiaries and their proposed use(s)
of the special funds.
(h) Each voter may vote for up to three
beneficiaries. All votes shall only be counted once. For example, if a voter can
vote for three out of five beneficiaries, each of those three beneficiaries
shall receive one vote. A voter may not give more than one vote to a particular
beneficiary.
(i) Funding requests will be ranked according to the
number of votes received. Money will then be distributed based upon the requests
of the ranked groups until the fund is exhausted.
(j) The results
of referenda for the disbursement of special monies shall be certified and
ratified by the procedures set forth in Bylaw 802. The President or his designee
shall communicate the results to the appropriate University and Law School
administrators.
Bylaw 820 -
Constitutional Amendments by Referendum
(a) Any and all petitions for
amendments to the Student Bar Association Constitution not arising under Article
V, Section 501 of the Student Bar Association Constitution shall be submitted to
the Board of the Student Bar Association at least three (3) weeks prior to the
scheduled date of elections in either the Fall or Spring semester. The express
purpose of this Section is to allow the Board the proper time to comply with the
time restraints concerning notification to the student body of the proposed
amendment, pursuant to Article V, Section 503 of the Student Bar Association
Constitution.
(b) The results of the vote on proposed
Constitutional Amendments shall be certified and ratified by the procedures set
forth in Bylaw 802.
Bylaw 830 - Recall
Election of a Board Member
(a) Pursuant to Article III, Section 305 of
the Student Bar Association Constitution, should the Board receive a petition
bearing the signatures of thirty-five percent (35%) of the constituency
represented, the Board shall cause the Elections Committee to conduct a recall
election of the Board member who is the subject of the petition. The recall
election shall be held as soon as practicable after the receipt of such a
petition for recall at a general meeting of the Board, regardless of when the
next regularly scheduled election is to take place.
(b) If the said petition is submitted later than two weeks before the
beginning of the final examination period of a semester, a recall election need
not be held during the reading or examination period. In such a case, the recall
election shall be held as soon as practicable after the start of the following
semester. Only those persons eligible to vote in the previous semester shall
participate in a recall election held the following semester pursuant to this
section.
LEVEL 900 - STUDENT ORGANIZATIONS
Bylaw 901 -
Recognition of Student Organizations
(a) The provisions of any Bylaw notwithstanding, no
student organization shall be recognized without a determination by the Board
that the organization has a legitimate purpose, and that the organization will
effectively address current student needs.
(b) Recognition of student organizations shall be the
sole province of the Board of the Student Bar Association and such recognition
shall continue only at its pleasure.
(c) An organization requesting recognized status must
first contact the Judiciary Committee with a draft of its proposed constitution
or for assistance in preparing a constitution. The Judiciary Committee will then
review the draft constitution and make recommendations. Once the student
organization's constitution meets the criteria established by the Judiciary
Committee, the organization shall be submitted to the Board for official
recognition. A student organization shall be recognized by a two-thirds (2/3)
vote of the voting members of the Board present.
Bylaw 902 - Requirements
for Student Organizations
(a) All
recognized student organizations shall:
(2) openly and widely publicize organizational meetings and all other activities that they sponsor;
(3) submit two copies of an organizational constitution that complies with this Bylaw to the Judiciary Committee for approval;
(4) submit any revisions of an organizational constitution to the Judiciary Committee for approval before any such revisions are set to take effect;
(5) keep on file for their own reference and for the reference of their members a copy of their constitution, together with any applicable by-laws;
(6) place a copy of their organizational constitution on reserve at the library;
(7) participate fully in the activities of the Inter-Club Council, as described in Bylaw 910;
(8) notify the Student Bar Association as early as possible, but in all events, at least one week prior to any election of organizational officers; and
(9) conduct all activities in a manner consistent with the provisions and spirit of the University Policy on Equal Opportunity, the University Guide to Student Rights and Responsibilities, the organization's own constitution, and the Student Bar Association Constitution and Bylaws.
(b) Failure to comply with any portion of this Bylaw will be cause for the Board to impose whatever sanctions it deems appropriate, including, but not limited to, censure, impoundment of an organization's funds, loss of eligibility for student activities funding, suspension of privileges, and/or official withdrawal of recognition.
(c) Notice shall be given to all affected
organizations when punitive action may be taken by the Board of the Student Bar
Association.
Bylaw 903 - Required Format for Student Organization
Constitutions
(a) All constitutions
must:
(2) begin with a preamble that clearly states the goals and purposes of the organization; and
(3) comply with the provisions and spirit of the University Policy on Equal Opportunity, the University Guide to Student Rights and Responsibilities, and the Student Bar Association Constitution and Bylaws.
(b) Student organization constitutions should be set up in the following format:
(2) Article I - Composition of Organization
(3) Article II - Duties of Office
(4) Article III - Removal from Office
(5) Article IV - Meetings. Describe the basic rules for calling and running meetings.
(6) Article V - Terms for Amendments. Delineate all terms that are needed to effectuate any changes in the constitution or of the bylaws. All changes of constitutions are contingent upon approval by the Student Bar Association.
(7) Article VI. After Article V, constitutions may include any provisions deemed necessary for the proper governing of the organization.
(c) All constitutions must state that they are to be construed in compliance with the provisions and spirit of the University Policy on Equal Opportunity, the University Guide to Student Rights and Responsibilities, and the Student Bar Association Constitution and Bylaws.
Bylaw 904 -
Termination of Student Organization Recognition
(a) Should any recognized student organization remain
inactive for a period of two semesters, that organization shall, by operation of
this Bylaw, have its status as a recognized student organization terminated,
along with all the rights and privileges accorded thereto. If any organization
disputes that it was inactive during the prescribed period, the Board shall
resolve the issue by a simple majority vote, after hearing from both
representatives of the student organization in question, and the appropriate
Board officers. For purposes of this Bylaw, the term "inactive" means that an
organization has done no programming, or has no officers, or has no organized
membership.
(b) Once an
organization loses its status as a recognized student organization, students
wishing to revive the organization must apply for recognition in the same manner
as prescribed for new student organizations under these bylaws. Once recognized,
such groups must also comply with the probationary period prescribed in Bylaw
920(b) to reestablish eligibility for annual funding.
Bylaw 910 - The Inter-Club
Council
(a) The Inter-Club Council
shall be comprised of the Vice President for the Day Division, the Director of
Finance and Budget, the Director of Minority Affairs, and one (1) representative
from each student organization recognized by the Student Bar Association.
(b) The Vice President for the Day Division shall have the power to convene a meeting of the Inter-Club Council with seventy-two hours (72) notice. All official meetings of the Inter-Club Council shall be chaired by the Vice President for the Day Division.
(c) All members of the Inter-Club Council shall have voting rights within the Inter-Club Council.
(d) All student organizations are expected to send at least one (1) representative to each regularly scheduled meeting of the Inter-Club Council. The Board may consider a group's failure to do so when considering that group's funding. The Vice President for the Day Division shall report on Inter-Club Council attendance when student organization funding is voted on.
(e) The Board may promulgate any rules and regulations it feels necessary for the successful operation of the Inter-Club Council.
Bylaw 920 - Board
Funding of Student Organizations
(a)
No organization shall be eligible for funding unless that organization is a
recognized student organization. A student organization shall be recognized if
it satisfies the requirements set forth in Bylaw 901.
(b) No recognized student organization shall be eligible to receive an annual budget from the Board until it completes a two-semester trial period. Upon completion of this trial period, an organization shall be eligible to receive an annual budget unless the Board determines that the organization has failed to satisfy the requirements of Level 900 of these Bylaws. During the two-semester trial period, student organizations may receive ad hoc funding through the process set forth in Bylaw 601(e). Student organizations who have completed the two-semester trial period may also receive ad hoc funding through the process set forth in Bylaw 601(e).
(c) All recognized student organizations
receiving annual budgets must open all financial and related records to
inspection or audit upon the request of authorized University and Student Bar
Association officials.
(d)
Every recognized student organization must hold at least one (1) fundraising
event or activity per academic year to maintain eligibility for an annual
budget. The anticipated revenue of such a fundraiser shall be considered in the
budget allocation process.
Bylaw 921- Student
Organization Annual Budget Process
(a) A student organization is eligible to receive
annual funding only if it has satisfied the requirements set forth in Bylaws 901
and 920.
(b) The Finance and
Budget Director shall provide written notice to all eligible recognized student
organizations indicating that such organizations are to prepare and
submit a proposed budget for the following academic year by a date set forth
therein. The Finance and Budget Director shall set a due date for annual budget
proposals no later than April 10th. Student organizations shall be given at
least ten (10) days notice before such proposals are due. Failure to submit a
budget proposal by the date and time indicated may result in ineligibility for
funding.
(c) The following
requirements apply to the annual budget process:
(2) Each proposed event must be accompanied by a succinct description of the event.
(3) Each budget proposal shall state the current number of members within the organization, and separately state the number of active members within the organization.
(4) Each budget proposal must specify any monies received from sources other than the Student Bar Association, including monies the organization anticipates receiving during its mandatory annual fundraiser.
(5) No more than five percent (5%) of an organization's proposed budget may be for miscellaneous expenses.
(d) Upon receiving all recognized student
organization annual budget proposals, the Finance and Budget Committee shall
meet individually with member(s) of each organization, preferably with the
President and Treasurer, for the purpose of discussing any budgetary issues or
concerns deemed relevant by the Committee.
(e) After reviewing all submitted recognized student
organization annual budget proposals, the Finance and Budget Committee shall
draft a detailed budget recommendation report for the Board indicating a
proposed allocation for each organization. No recognized student organization
may receive an amount which, when added to the total amount previously
allocated to the organization, exceeds twenty-five percent (25%) of the total
funds previously made available from the time of the request to recognized
student organizations in the combined annual and ad hoc allocations
process.
(f) The Finance and
Budget Committee shall consider, but shall not be limited to, the following
criteria when making allocation recommendations:
(2) the overall contribution the organization makes to the Law School community;
(3) the number of law students registered as members of the recognized student organization;
(4) the actual number of persons that regularly participate in the activities of the recognized student organization;
(5) the way in which the recognized student organization has spent the money allocated to it during the current and prior academic years;
(6) a comparison of the organization's projected expenses with its budget request and actual expenses from the previous year;
(7) the recognized student organization's attempts at independent fundraising;
(8) the recognized student organization's compliance with all Level 900 Bylaws;
(9) the recognized student organization's compliance with the rules, deadlines, and regulations promulgated by the Finance and Budget Committee in accordance with Bylaw 921(h); and
(10) other criteria as prescribed by the Board.
(g) The Finance and Budget Committee shall
submit this report to the Board for its approval in accordance with Bylaw 601.
The Board may debate and amend the proposed budget and the final budget shall be
approved by a two-thirds (2/3) vote of the Board.
(h) The Finance and Budget Committee shall be vested with
the authority to create additional rules governing the allocation and budget
process as it deems necessary and beneficial. Should the Finance and Budget
Committee exercise its authority under this section, any and all rules must be
distributed to the recognized student organizations before such rules can take
effect. Nothing in the section shall be construed as preventing the Board from
exercising its plenary power with respect to student activity funds and the
allocation of said funds in the budgetary process.
(i) Any decisions of or rules promulgated by the Finance
and Budget Committee may be appealed to the Board.
Bylaw 922 - General
Limitations on the Use of SBA Funds Allocated to Student
Organizations
(a) Payments to University students in compensation for
services rendered must be approved beforehand by the Treasurer or the Director
of Finance and Budget.
(b) All programs, activities, or services,
whether partially or wholly funded by Student Bar Association monies, must be
open to the entire student body of the Law School.
(c) All programs, activities, or services, whether
partially or wholly funded with Student Bar Association monies, must be directed
within and for the Law School community, or the activity must substantially
involve members of the Law School community.
(d) No Student Bar Association monies may be allocated or
expended for the direct or indirect efforts of the political campaigns of
individuals, nor may any Student Bar Association monies be used in support of,
or to intervene in, any campaign for public or campus office.
(e) No organization may expend funds in a
manner inconsistent with its budget as submitted to the Finance and Budget
Committee. Failure to comply with the terms of this section will be deemed a
violation of this Bylaw, and may result in the impoundment of the organization's
Board-allocated funds, or a determination that the student organization is
ineligible for continued funding, or both.
(f) The Treasurer shall authorize student organization
expenditures in accordance with the student organization budgets approved by the
Board. The Treasurer may not authorize any budget overruns without the express
approval of a simple majority vote of the Board.
(g) Funds may not be allocated or expended for any
activity or service that is in violation of Federal, State, or local law,
University Policies and Regulations, or the Student Bar Association Constitution
and Bylaws.
Bylaw 923 -
Restrictions on Travel Expenses
(a)
All student organizations requesting funding for travel must demonstrate that
such funding will substantially further the organization's goals and
objectives.
(b) Individuals
who travel using Student Bar Association monies must always serve as the
representative of the Law School, as well as the representative of any
sponsoring student organizations.
(c) Travel expenses should be limited to only the most
necessary costs. In the absence of extraordinary circumstances, travel to
conferences or any other events shall be limited to one member of an
organization. Organizations requesting travel funding for more than one member
must provide a compelling justification as to why more than one member should be
funded.
Bylaw 924 - Restriction on the Payment of Honoraria to
Speakers
Any organization seeking to
invite a speaker to the Law School must invite the speaker to come without
compensation. Only upon documentation that a person will not speak without
compensation will the Board consider an allocation of funds for this
purpose.
LEVEL 1000 - FINANCIAL PROVISIONS
Bylaw 1001 -
Allocation of Funds
(a) Except as
otherwise provided in this Bylaw, the Board shall have sole authority to
allocate Student Bar Association funds.
(b) Any two Executive Officers shall have the authority
to allocate no more than one-hundred dollars ($100) for a particular purpose
without Board approval. This power shall be used only when getting approval of
the Board is not feasible. The Treasurer shall report any such allocations to
the Board at its next meeting.
Bylaw 1002 - Requirements
for Disbursal of Student Bar Association Funds
(a) Except as otherwise provided in this Bylaw, only the
Treasurer shall be able to authorize the disbursal of Student Bar Association
funds allocated by the Board. Under no circumstances shall any officer of the
Board authorize a disbursal of funds to himself/herself. The President shall
authorize required disbursals to the Treasurer.
(b) The Treasurer shall process only those requests for
expenditures or reimbursements made on the proper forms and supported by proper
documentation. The forms shall be designed and maintained by the Treasurer, and
shall request all information the Treasurer deems necessary to process the
request. Proper documentation shall include, but is not limited to, original
receipts and invoices. A request for reimbursement or expenditure must be
accompanied by the original receipt or invoice. The Treasurer may require the
requestor to submit multiple copies of the forms and documentation.
(c) Reimbursements shall only be
made to the individual who incurred the expense.
(d) As the University is a tax-exempt organization, the
Student Bar Association shall not generally make reimbursements or expenditures
for sales tax. The Treasurer shall give all parties allocated Student Bar
Association funds access to the University's taxpayer identification number upon
request.
(e) No Student Bar Association funds may be expended for the purpose of influencing or impacting public or campus political campaigns.
(f) No expenditure or reimbursement shall be processed which violates Federal, State, or local law, University rules and regulations, or the Student Bar Association Constitution and Bylaws.
Bylaw 1003 -
Emergency Approval of Expenditures
(a) In the event that both the Treasurer and Assistant
Treasurer are unavailable, the President shall have the authority to authorize
the expenditure of or reimbursements from allocated funds. In the event that the
President is unavailable, authority shall pass first to the Vice President for
the Day Division, then to the Vice President for the Evening Division, and
finally, to the Director of Finance and Budget. The President shall only have
this authority if both the Treasurer and Assistant Treasurer are unavailable.
Should the President, or other officers of the Board, authorize the expenditure
of funds in violation of these Bylaws, they will have committed a violation of
these Bylaws, subject to the disciplinary proceedings described in Level
1100.
(b) When any officer
other than the Treasurer authorizes the expenditure of or reimbursements from
allocated funds, that officer shall report the action to the Treasurer as soon
as possible. Failure to do so is a violation of these Bylaws, subject to the
disciplinary proceedings described in Level 1100.
LEVEL 1100 - DISCIPLINARY
PROCEEDINGS
Bylaw 1101 - Initiation of Disciplinary Proceedings
against Student Bar Association Officers(a) Pursuant to Article IV, Section 411 of the Student
Bar Association Constitution, any member of the Student Bar Association Board
may institute disciplinary proceedings against a Board member by filing written
charges against the individual in question with the Judiciary Committee. The
bases for instituting such proceedings include, but are not limited to, an
individual's dereliction of duties or his/her violation of the legal and/or
ethical standards imposed by the University.
(b) The existence of any other concurrent disciplinary
proceedings shall not preclude the ability of the Student Bar Association to
bring disciplinary proceedings under the previous paragraph.
Bylaw 1102 -
Initiation of Disciplinary Proceedings Against Student Organizations
(a) Disciplinary actions against student
organizations may be initiated by any member of the Student Bar Association
Board by written complaint to the Vice President for the Day Division.
(b) Upon receipt of a complaint for
disciplinary proceedings against a student organization, the Vice President for
the Day Division shall make a determination as to whether the Judiciary
Committee shall undertake an investigation for the purpose of recommending
disciplinary action to the Board. The Vice President for the Day Division shall
notify both the Chair of the Judiciary Committee and the complainant of his/her
determination, in writing, within ten (10) days of receipt of the
complaint.
(c) If the Vice President for the Day Division
determines that an investigation by the Judiciary Committee is not warranted,
the complainant may appeal directly to the Judiciary Committee for review. Such
appeal must be made within seven (7) days of receipt of the Vice President for
the Day Division's decision, in writing, and must state the grounds for the
appeal. By a majority vote, the Judiciary Committee may review the original
complaint.
Bylaw 1110 - Guidelines for Disciplinary Proceedings by
the Judiciary Committee
(a) After
disciplinary proceedings are referred to the Judiciary Committee under the
provisions of Bylaws 1101 and 1102, the Judiciary Committee shall conduct an
investigation to determine if the matter should be referred to the Board. Such
fact-finding shall be conducted in closed sessions of the Judiciary Committee.
The results of these findings are to be held confidential by members of the
Judiciary Committee until the Judiciary Committee reports its findings to the
Student Bar Association in an Executive Session.
(b) If after their investigation, the Judiciary
Committee's report is favorable to the subject of the investigation, the
Committee shall prepare a report dismissing action against the Board member.
This report shall be forwarded to the Executive Officers, the complainant, and
the subject of the investigation.
(c) If after their investigation, the Judiciary Committee finds substance to the allegation, it shall prepare a report outlining the course of its investigation and recommending which disciplinary actions should be considered by the Board on the specified charges. This report shall be presented to the Board in an Executive Session at its next meeting.
(d) No questioning of the subject of the investigation may be conducted during the Executive Session in which the Judiciary Committee reports its findings to the Board, as that session is designed to inform the Board of official charges against a member, and is not to be used as a disciplinary hearing. The subject of the investigation has the right to make a statement at this meeting, but no examination of him/her may occur unless formal disciplinary proceedings are initiated.
(e) Once the Judiciary Committee submits its report to the Board in an Executive Session, the Board may only review the report of the Judiciary Committee, question the Judiciary Committee as to the extent and contents of its investigation and report, and either:
(2) direct the President to set the date and time for a disciplinary proceeding on the matter by a majority vote of the voting members of the Board.
(f) A disciplinary proceeding shall be set for a date no earlier than five (5) days and no later than fourteen (14) days after the Board decides to have the disciplinary proceeding.
Bylaw 1111 -
Guidelines for Disciplinary Proceedings by the Board
(a) For the purpose of a disciplinary proceeding, the
Judiciary Committee shall appoint one of its members to serve as the prosecutor.
The subject of the disciplinary proceeding has the right to be represented by
counsel, to speak on his/her own behalf, and to produce witnesses in his/her own
defense. All disciplinary proceedings are to be conducted in Executive Session.
However, the subject of a disciplinary proceeding and his/her counsel, may
remain in the hearing room until the Board begins its deliberation of the
charges.
(b) The President, or his/her designee, shall preside over disciplinary proceedings. Should the President be the subject of the disciplinary proceeding, the Vice President for the Evening Division, or his/her designee, shall preside over the disciplinary proceeding, so long as the designee is not the Vice President for the Day Division. If the President is the party who initially referred the matter to the Judiciary Committee, the Vice President for the Day Division, or his/her designee, shall preside.
(c) Any member of the Board can be compelled to testify if proper notice is given. Failure of a Board member to testify shall be considered a violation of this Bylaw, and shall subject the person in violation to the immediate commencement of a disciplinary action before the Board under these Bylaws.
(d) Non-members of the Board who consent to testify may be used as witnesses at a disciplinary proceeding, but such witnesses shall only be permitted in the room where the hearing is taking place during the time their testimony is given.
(e) If the subject of the disciplinary proceeding fails to appear, the disciplinary proceeding shall proceed in the subject's absence.
(f) The Chair shall begin the disciplinary proceeding by reminding all members of the Board about the rules governing Executive Session. The Chair shall then read the charges issued by the Judiciary Committee, and entertain any preliminary matters that the parties wish to bring forward. The Chair may not grant summary judgment for either party.
(g) The disciplinary proceeding shall proceed in the following order:
(2) opening statement by the subject of the hearing,
(3) examination and cross-examination of Judiciary Committee witnesses,
(4) examination and cross-examination of witnesses called by the subject or the hearing,
(5) rebuttal witnesses of the Judiciary Committee,
(6) rebuttal witnesses of the subject of the hearing,
(7) closing arguments of the subject of the hearing, and
(8) closing arguments of the Judiciary Committee.
(h) Until the completion of closing arguments, no one is entitled to the floor except the Judiciary Committee, the subject of the disciplinary proceeding or the subject's counsel. All inquiries must be addressed to the Chair except when questioning witnesses.
(2) Witnesses may be recalled as deemed necessary at the sole discretion of the Chair.
(3) To get to the truth under the condition of such a hearing, hearsay evidence is admissible, and judgment as to the best interests of the Student Bar Association may be based upon it. Non-members who decline to testify may only be willing to reveal the facts privately to a single member of the Judiciary Committee during its initial investigation on the condition that their names in no way be connected with the case. This type of evidence is admissible.
(4) Witnesses are not sworn. The Chair may remind each witness that the Board expects truthful testimony.
(i) After the closing arguments, the subject of
the disciplinary proceeding, as well as his/her counsel, must leave the room.
The Board members, including those who served as a prosecutor, defense counsel,
or witness, may then proceed to debate the charges and the evidence proffered
during the proceeding.
(j)
This debate shall be run by the Chair, as defined in Bylaw 502(b) and (c). The
specific charges are to be re-read aloud to the Board, and each openly discussed
so that the Board may determine whether the subject is culpable.
(k) Charges may be amended by the
Board to conform to facts brought out at the proceeding and tried by consent,
either explicitly or implicitly, but not in such a way as to find the subject of
the proceeding culpable of a charge not wholly within the charges which he/she
has been tried for. The Chair shall have the discretion to grant any such
amendments to the charges.
(l) The standard of evidence to be used in determining
the culpability of the subject shall be by a preponderance of the evidence, that
is, each voting member is to consider the totality of the facts as presented at
the hearing and then cast his/her vote based upon whether it is more likely than
not that the subject of the disciplinary proceeding is culpable of the charges
against him/her.
(m) Each
charge shall be voted on separately by secret ballot.
(2) Pursuant to Article IV of the Student Bar Association Constitution, if the subject of the disciplinary proceeding is any other officer of the Board, a two-thirds (2/3) vote of the voting members of the Board present is necessary to find the subject culpable.
(3) If the subject of the disciplinary proceeding is a student organization, or an officer of a student organization, a two-thirds (2/3) vote of the voting members of the Board present is necessary to find the subject culpable.
(n) Subjects who are members or officers of the
Board, who are found culpable of the charges, shall be removed from office, with
all rights, honors, and privileges accorded thereto being immediately revoked
and terminated. If the subject is a student organization, the Board may assign
any penalties it deems appropriate, after a determination of culpability, and by
a two-thirds (2/3) vote of the voting members of the Board present.
(o) The Chair shall notify the
subject of the disciplinary proceeding of the result as soon as possible.
(p) If the charges involve a
violation of the University Guide to Student Rights and Responsibilities, the
University Policy on Equal Opportunity, or other policies of the University or
Law School, the Chair, in his/her own discretion or as directed by the Board,
may make a report to the appropriate University or Law School
administrator.
Bylaw 1112 - Rights of the Subjects of Disciplinary
Proceedings
(a) Throughout the
entire disciplinary process, from initiation of disciplinary proceedings,
through the final decision, the subject of a disciplinary proceeding has the
right to protection of his/her good name. Thus, all procedures shall be
conducted in accordance with the provisions of the Bylaws on Executive Sessions.
As a courtesy to the subject of a disciplinary proceeding which results in the
subject being removed from office, the Chair may make a generalized report to
the community including a summary of the offenses committed. By a two-thirds
(2/3) vote of the voting members of the Board present, the Board may make all
the details of the offenses and the resulting disciplinary proceedings
public.
(b) The subject of a
disciplinary proceeding shall have the right to due process as defined by this
Bylaw, or as interpreted by the Judiciary Committee. Thus, the subject shall be
informed in writing of the formal charges pending; shall be given at least five
(5) days, not counting weekends and University holidays, to prepare a defense;
shall be treated fairly; and, shall be accorded all of the procedural safeguards
outlined in these Bylaws.
LEVEL 1200 - REMOVAL OF
STUDENT BAR ASSOCIATION OFFICERS
Bylaw 1201 - Removal
of Executive Officers and Representatives
(a) Executive Officers and Representatives may be
permanently removed:
(2) by majority vote after a recall petition of his/her constituency.
(b) Executive Officers and Representatives may be temporarily removed:
(2) by majority vote of the Board, pending initiation or conclusion of a disciplinary action; or
(3) by unanimous consent of the Judiciary Committee, pending hearing by the Board.
(c) The President may be temporarily removed for cause by a majority vote of the officers described in Bylaws 205 through 216 (Bylaws 205 and 216 included), with the consent of the Vice President for the Evening Division.
(d) Any temporary decision to remove an Executive Officer or Representative may be reversed by a two-thirds (2/3) majority vote of the Board. Any such decision by the Board shall remain in effect until such time as a final determination has been made as to the Executive Officer or Representative's status.
Bylaw 1202 - Removal
of Officers whose Appointments are Delegated to the President
(a) Officers appointed by the President may be
removed:
(2) by a two-thirds (2/3) majority vote of the voting members of the Board.
(b) Except where removed by the President, no removal of an officer appointed by the President shall take place without due notice, as determined by the Judiciary Committee, and the passage of one regularly scheduled meeting in which the member shall have an opportunity to address the Board.
Bylaw 1203 - Removal
of Officers whose Appointments are Delegated to the Interviews
Committee
(a) This provision applies
only to those officers whose appointments are delegated to the sole authority of
the Interviews Committee, including members of the Judiciary Committee (Bylaw
301(c)(1)), members of the Elections Committee (Bylaw 301(c)(2)), and student
members of Law School and University Committees (Bylaw 301(c)(3)). This
provision does not apply to those officers whose appointments the President
delegates to the Interviews Committee.
(b) Officers covered by this Bylaw may be removed by:
(2) by a two-thirds (2/3) majority vote of the voting members of the Board.
(c) No removal of an officer covered by this
Bylaw shall take place without due notice, as determined by the Judiciary
Committee, and the passage of one regularly scheduled meeting in which the
member shall have an opportunity to address the Board.
Adopted September 15, 1998
Amended September 14, 1999