By-Laws

BOARD MEMBERS

Membership and Voting Rights

The Board shall consist of a maximum of thirty-six students. Only Board members shall be allowed to vote in Board proceedings.

Membership Selection

The Board shall select its new members twice per academic year; the first selection shall be completed no later than October 1st; the second selection shall be completed no later than March 15th.

A full-time student applying to join the Board during the fall semester membership drive may only be enrolled in their first (1L) or second (2L) year of law school. A student applying to join the Board during the spring semester membership drive may only be enrolled in their first (1L) year of law school. Upon unanimous vote by the executive board, the executive board may make an exception where justice requires.

A part-time student (evening) or a joint-degree student applying to join the Board during the fall semester membership drive must have at least three semesters of law school remaining before graduation, excluding the current fall semester and any summer semesters remaining. A part-time student (evening) or a joint-degree student applying to join the Board during the spring semester membership drive must have at least three semesters of law school remaining before graduation, excluding the current spring semester. Upon unanimous vote by the executive board, the executive board may make an exception where justice requires.

Each prospective candidate shall submit a cover letter, résumé, and completed application to the Board’s Vice President of Membership. These documents will be submitted online, through TWEN and will be opened by the Vice President of Membership. All personal information (name, address, phone number, class year, and other explicitly identifying information) will be removed so that Board members will review the information anonymously. Each Board member shall review each prospective candidate’s cover letter, résumé, and application. Each Board member will be given a candidate score sheet and the Board member will give a numerical rating of the candidate as specified by a scoring sheet created by the Vice President of Membership or Membership Committee. After rating each candidate’s cover letter, résumé, and application, each Board member shall give the candidate score sheet to the Vice President of Membership.

The Board shall have the discretion to interview any applicants scoring at least 50% of the points available on the application. The Vice President of Membership shall be present during all interviews that he/she is able to attend. The Vice President of Membership shall be accompanied by at least three other Board members for each interview. If an interviewing Board member has an emergency and cannot attend the interview, the interview may be conducted by the Vice President of Membership and two other Board Members.

Board members shall not participate in interviews of personal friends. Each Board member shall make the decision if he/she should abstain from an interview based on his/her personal relationship with the prospective member.

The scores for the application and interview for each candidate will be averaged by the Vice President of Membership and the Membership Committee. The application shall be weighted at 40% and the interview shall be weighted at 60%.

To be considered for the Board, the overall score must be above half the possible points. (If the highest possible score is 100, only numbers above 50 will be considered for membership).

After the interviewing and scoring process is complete, the Vice President of Membership, with the advice of the Executive Board, shall determine which candidates will be offered membership. The Vice President of Membership shall then send written notification to candidates being offered membership. The Vice President of Membership will also send written notification to candidates who are not being offered membership.

All candidates may have the opportunity to discuss their application and/or interview with the Vice President of Membership, provided they do so in a timely manner.

Member Removal

By a majority vote, a Board member may be removed from office or from the Board for non- compliance. Non-compliance is defined as, but not limited to, the following:

Misconduct having a negative impact on the Board that is contrary to the mission of the Board;

Failure to attend regularly scheduled meetings without prior notification;

Failure to fulfill assigned duties or other duties as promulgated in these by-laws.

Member Removal Procedure

The Board member’s misconduct shall be reported to the Executive Board.

The President shall discretely and professionally ascertain the merits of the alleged non-compliance/misconduct.

The member shall then be notified of the non-compliance/misconduct and be required to meet with the President to discuss the incident and circumstances surrounding the report

If the President decides the report is meritorious, and assuming that the Board member wishes to remain a member of the Board, the President shall convene a Non-Compliance Review Panel. The Non-Compliance Review Panel shall:

1. Be comprised of the President and two executive board members who are removed from the incident and are not a personal friend of the non-compliant member.
2. Invite the member to attend the Panel and provide an explanation for the non-compliance. If the member is unavailable to attend in person, they may submit a written explanation of the report.
3. Make one of the following determinations:
   1. Accept the explanation for non-compliance, and the Board member remains a member of the Board; or
   2. Do not accept the explanation for non-compliance and immediately make recommendation to the entire Executive Board, based on the Non-Compliance Review Panel’s findings, that the Board member be removed. The Board member must be notified within 24 hours of the decision. If the Board member wishes to request reconsideration, they must do so within three days.

If the board member has requested reconsideration:

1. The Board member may request a special hearing in front of the Executive Board. The hearing will take place in person, at the next scheduled Executive Board meeting. Immediately after the hearing, the Executive Board must vote on whether to accept the explanation provided by the Board member. The Board member may not be present for the vote. The Board member shall be notified of the Boards’ decision within 24 hours of the special hearing; or
2. The Board member may submit a letter, in lieu of a special hearing, which will be submitted to the Executive Board. Once the letter has been submitted, the Executive Board members will review the letter in person, at the next scheduled Executive Board meeting (the President shall distribute the letter to the Executive Board members upon submission and read the letter at the next, in-person Executive Board meeting). Immediately after the letter is reviewed and heard by all Executive Board members, the Executive Board must vote on whether to accept the explanation provided by the Board member. The Board member may not be present for the vote. The Board member shall be notified of the Boards’ decision within 24 hours of the vote being taken.

The faculty advisor shall be sent written notification of the Board’s decision.

If the Board member requests a special hearing before the Board, the meeting of the Board shall be no later than two weeks after the date the decision is made.

In no event shall the Board member be denied his or her right to comment before the Board if the Board member so requests.

Procedures for the special hearing, if requested by the Board member, are as follows:

1. At least fifty-one percent (51%) of the entire Executive Board must be present for the member’s removal to be discussed.
2. The member will be given an opportunity to present his or her side.
   The Executive Committee will be given an opportunity to present its side.
3. If the Board member fails to appear at this hearing, such failure shall be deemed appropriate to justify removal of the Board member.
4. General discussion and questions will be allowed after the presentations.
5. After the presentations, general discussion, and questions, a vote for removal will be taken. One-hundred percent (100%) of the represented Executive Board shall vote. The Board member may not be present for the vote.
6. If fifty-one percent (51%) of the represented Executive Board votes to remove the member in question, the removal will be effective immediately. Conversely, if fifty percent (51%) or more of the represented Board votes against removal, the Board member shall not be discharged.

Participation in Competitions

Members may compete in all four in-house competitions provided that such members have notified the Vice President of In-house Competitions by the competition sign up deadline of their intention to compete. There must be a sufficient number of noncompeting members available to carry out the in-house competition responsibilities before the Board member will be allowed to compete.

If multiple teams including Board members sign up to compete and there are insufficient Board members to host the competition the team(s) including Board members with the latest registration date(s) will be requested to withdraw from the competition and assist with running the competition.

If a competition requires an even number of teams and there are an insufficient number of teams signed up to compete, Board members will be requested to form a team to compete.

Restrictions on Member-Competitors

To ensure that no conflict of interest arises, members who have received approval to compete in an in-house competition may assist in preparation for the competition except that:

No member-competitor may procure, prepare, or otherwise come in contact with the problems of the particular competition; and

No member-competitor may enter the judges’ room or Board room on the day of the competition.

DUTIES OF BOARD MEMBERS

Duties, Commitments, and Responsibilities

Attendance at all mandatory meetings, trainings, and events;

Participation in the administration of all Board competitions, except under the following circumstances: 1) the Board member is allowed to compete as provided in Article III, Section 5; or 2) the Board member is excused from administration by the Vice President of Intra-house Competitions and the Competition’s Co-chairs;

Full time students must participate on two committees; Evening students and Joint Degree students who work during the day and attend class in the evenings must participate on one committee. All members may join additional ad hoc committees when available;

Full time students must complete at least ten board hours per semester; Evening students and Joint Degree students who work during the day and attend class in the evenings must complete at least seven board hours per semester; and

Timely respond to all emails soliciting input, etc. A timely response shall mean within 24 hours of receiving the email. Board members should also notify their committee Vice President and/or the Board President of any extended periods of time where they will be out of contact.

Attendance at Mandatory Events

Attendance is mandatory at all Mandatory Events

Mandatory events include Executive Board meetings (for Executive Board Members), general Board meetings, Competitions, Panels, Board Hosted Events, and Trainings.

The Executive Board may determine to add additional Mandatory events. Mandatory events are determined by the Executive Board and any questions concerning whether an event is mandatory (outside those listed above) should be referred to the Vice-President of Membership.

Excused Absences from Mandatory Events

It is the responsibility of the Board member in question to receive approval for an excused absence from the Vice-President of Membership.

Excused absences do not invoke administrative action, and include the following:

1. Any obligation for which a Board member is being paid or receiving credit (48 hour prior notice required);
2. Illness or emergency (notice must be given as soon as reasonably possible); or
3. Other compelling reasons at the discretion of the Executive Board (notice must be given as soon as reasonably possible).

School work and studying shall not be valid reasons for an excused absence. However, the President may excuse a Board member from a meeting or mandatory event for school work or obligations if the member requests such accommodation a week before the relevant event.

If applicable, an excused Board member absent from any mandatory event shall sign the minutes of the event within one week of the event to show he/she is apprised of Board business conducted at the missed event. Failure to do so will result in the excused absence becoming unexcused.

Unexcused Absences from Mandatory Events

A Board member is NOT allowed ANY unexcused absences per semester for mandatory events without repercussion or administrative action.

A Board member who accrues one unexcused absence per semester for mandatory events will receive a written reprimand.

A Board member who accrues two unexcused absences per semester for mandatory events will receive a written reprimand and will be required to write and deliver an apology and explanation to the VP of Membership.

A Board member who accrues three unexcused absences per semester for mandatory events be recommended for removal by the Vice President of Membership. Removal shall follow the process outlined in Article III section 2.

An unexcused Board member absent from any mandatory event shall sign the minutes of the event within one week to show he/she is apprised of Board business conducted at the missed event.

Further unexcused absences from a mandatory event will reinitiate the removal process.

Notice of Absence Policy

At the first general meeting of each semester, the Vice-President of Membership shall inform the Dispute Resolution Board of the absence and attendance policies stated in Article IV Sections 2, 3, and 4.

The Vice-President of Membership shall also provide a copy of those policies to all new members of the Board during their first training.

If the Vice-President of Membership fails to provide such notice, the Executive Board may choose whether Article IV Section 2, 3, and 4 shall be enforceable that semester.

Notice of Mandatory Events

All Board members are entitled to effective notice of mandatory events. For notice to be effective, the person calling the meeting must post the time and place of the mandatory event at least seven days in advance and must use a reliable form of communication. For purposes of this section, the President is deemed to have called general Board Meetings. An agenda should be discussed or distributed at the beginning of each mandatory meeting.

For committee-specific meetings and assignments, the administrator or leader of the committee shall provide notice within the guidelines listed above.

Board members not given effective notice of a mandatory event are excused in the event of an absence. A Board member not given effective notice shall promptly bring this to the attention of the Vice-President of Membership. Final determination if notice was effective will be decided by the Executive Board.

Resignation of Membership

A Board member may resign for any reason. Any Board member who wishes to withdraw should notify the President and the VP of Membership as soon as reasonably possible in writing.

Once a member has resigned, they are no longer subject to any of the benefits or requirements including member duties and policies, and access to the ADR Board room.

Once a member resigns, they will not publically portray themselves as a current member of the Board. If a former member is found to promote themselves as a current member, the President or Vice President of membership shall request they stop immediately and follow up with former member as necessary.

OFFICERS

Executive Officers

The Board shall be headed by an Executive Board. The Executive Board shall consist of the following officers:

A President;

A Vice-President of Membership;

A Vice-President of In-House Competitions;

A Vice-President Regional Competitions;

A Vice-President of Community Development;

A Vice-President of Communications;

A Vice-President of Judge Recruitment; and

A Treasurer

Other Board Positions

The Board shall also have an Office Manager, a Social Chair, and one to three 1L PR representatives. These positions will be appointed by the Executive board and are nonvoting.

Duties

All officers shall perform the duties prescribed by these by-laws.

Election of Officers

Officers shall be elected by the third week of April. Outgoing officers shall determine the most effective way to preserve the institutional knowledge of their position and pass it to their successor.

The election of officers shall be conducted by the outgoing President and shall be by secret ballot. A simple majority of the Board is required to elect officers.

Candidates for a Board officer position must make the Board aware of their intentions by submitting a letter of intent to the President at least one week prior to the Board vote. Such letter should state the candidates’ intentions regarding employment, law school activities, and other responsibilities during their potential term of office.

Incoming officers shall meet by May 31st to set the Annual Calendar for the upcoming year. Any room reservations necessary should be submitted to the school at this time.

The incoming officers may provide the Moot Court Board with the calendar once it is set to encourage cooperation between boards.

AMENDMENT OF BYLAWS

1. The bylaws shall be amended only upon approval of at least two-thirds of the Board.
2. The bylaws shall be reviewed at least every two years to determine if revision or updating is required. If the Board determines that there is a need to amend the bylaws, an ad hoc committee shall be headed by the President and composed of at least two other members to draft the proposed amendment(s).
3. A copy of the proposed amendment(s) shall be distributed to all Board members one week in advance of voting on the proposed change(s).

FACULTY ADVISOR

1. A Faculty Advisor may be recommended by each Board to the Dean for a term coinciding with that of the Board. If not, the current Faculty Advisor shall be maintained.
2. The Faculty Advisor shall be invited to be present at every meeting.
3. The Faculty Advisor shall advise the Board and assist the Student-Coaches with coaching and training the SU Regional Teams.

COMMITTEES

Committees not already mentioned above under an Executive Board Officer may be formed on an ad-hoc basis by any Executive Board member.