TITLE I: PURPOSE, SCOPE, AND
APPLICATION
1.02. Construction. These Bylaws shall be
construed to be consistent with the SBA Constitution. They shall also be
construed to secure fairness and efficiency in the administration of the
Student Bar Association.
1.03. Supremacy Over Previous Rules. Any and all previous bylaws and/or procedural
and operational rules of the Student Bar Association, including any and all
standing or temporary organizational, budgeting, or electoral procedures, that
may have existed through a separate vote, action, or document of any kind,
prior to February 16, 1998, are hereby permanently rescinded, and cease to have
any force and effect.
1.04. Uncodified Legislation of the
Senate. Any and all legislation of the Senate that does not
expressly amend these Bylaws shall automatically lapse, and cease to have any
force and effect, as of the third Monday of April of each calendar year.
1.05. Responsibility of the Senate Counsel for Continual Update. The Senate Counsel shall be responsible for
the continual update of these Bylaws, and ensure that any amendment is codified
and reflected in these Bylaws not later than thirty days subsequent to the adoption of any amendment by the
Senate.
(A) The
Senate Counsel shall be responsible to ensure that each member of the Senate
has a current copy of both these Bylaws and the SBA Constitution.
(B)
Because the Senate finds that this is an integral duty of the Senate Counsel's
office, failure of the Senate Counsel to do so may constitute a just cause for
impeachment and removal from office within the meaning of SBA Constitution,
art. V, § 1(d).
(C) The Senate Counsel shall be responsible with the
task of periodically reviewing these Bylaws for grammatical and other non-substantive
changes and making such changes.
(1) The Senate Counsel shall perform this audit once
a year
(2) Any student may bring a grammatical or
non-substantive change to the Senate Counsel’s attention
(3) The Senate Counsel shall deliver a report
detailing any changes made to the next meeting of the Student Bar Association.
(4) The Senate may reject any changes made by the
Senate Counsel under this section by a majority vote of the Senate there
present.
(D) The changes to these bylaws made pursuant to
§1.05(C) shall be noted in Title V of these bylaws with sufficient specificity
for later review.
1.06. Decisions of the
(A) These syllabi shall constitute
prima facie evidence of the
(B) The
written opinions of the
1.07. Amendment. These Bylaws may be amended by a
three-quarters majority vote of the Senate there present at any meeting of the
Senate, provided that written notice has been provided
to each member of the Senate not less than seven calendar days prior to such
meeting.
(A)
Proposed amendments shall include the precise language that is to be amended, as well as the precise the language of the new
section(s) effected.
(B) Such
amendment shall be incorporated into the appropriate article,
and logged in Title V of these Bylaws, noting the date of amendment and
section(s) affected.
(C)
Changes passed pursuant to §1.05(C) shall not be considered Amendments for the purposes of this section.
1.08. Temporary Suspension. In the event of extraordinary and/or
emergency circumstances, a bylaw may be temporarily suspended from operation only by a three-quarters majority vote of the Senate
there present.
(A) A
suspended amendment shall automatically re-enter into full force and effect at
the next meeting of the Senate, or unless a two-thirds majority of the Senate
shall vote to remove its suspension during the same meeting at which the Bylaw
was suspended.
(B) Any
suspension of Bylaws affecting elections and returns, suspended during times of
elections, shall only be effective upon written notice to the entire law school
student population immediately following the bylaw(s) suspension, as well as
the reason(s) for such suspension.
(C)
Changes passed pursuant to §1.05(C) shall not be considered Amendments for the purposes of this section.
TITLE
II: LEGISLATIVE ORGANIZATION OF THE SENATE AND
GOVERNANCE
OF OTHER BODIES OF THE STUDENT BAR ASSOCIATION
2.01. Meetings of the Senate.
(A) The
Senate shall meet during the academic year at times and places that shall be established by proposal of the President and adopted by
the Senate at the first fall meeting in September, and at the first spring
meeting in January.
(B) The
Executive Board shall meet one week prior to the Senate meeting to plan the
agenda of the Senate meeting.
2.02. Rules of Senate Procedure. The Senate shall use rules of procedure as
proposed by the President and consented to by the Senate, which shall generally
conform with the current edition of Robert's Rules
of Order, to the extent that such provisions do not conflict with the SBA
Constitution and/or these Bylaws.
2.03. Oath of Office. Prior to assuming office,
Senators, Officers, and law student Justices of the Honor Court shall be
administered the following oath of office: "I, (name), do solemnly swear (or affirm), that I shall faithfully
execute the office of (Name of Officer, Senator of the Student Bar Association,
law student Justice of the Honor Court, as appropriate), that I shall support
and defend the Constitution of the Student Bar Association, that I take this
obligation freely, without any moral reservation or purpose of evasion, that I
shall well and faithfully discharge the duties of the office into which I am
about to enter, (so help me God)."
2.04. Expulsion Procedure. To effect SBA Constitution
art. I, § 10, cl. 3, and assure appropriate
due process, the Senate adopts the following procedure to expel Officers and
Senators for non-compliance with the following attendance policy:
(A) The
Executive Secretary shall include in the minutes of each session of the Senate
the attendance or absence of each Officer and Senator.
(B) Any
Officer or Senator, at any time, may call upon the Executive Secretary to
provide to the entire Senate membership, and/or the entire law student
population, a report of the attendance of every Officer and Senator. To prevent the use of this Bylaw to embarrass
or seek otherwise unfair advantage, the attendance report of only a single
individual shall not be produced unless included in a
report of the attendance of the entire membership of the Senate.
(C) An
individual who has received a total of three unexcused absences or a total of
five absences (in any combination of excused and unexcused) shall stand
censured by the Senate, and have such status officially entered into the
minutes by the Executive Secretary. Such
censure shall include a formal warning that an additional absence result in
expulsion from the Senate.
(D) If
an individual attains a total of three unexcused
absences or a total of five absences (in any combination of excused and
unexcused), the Executive Secretary shall notify the individual with three
absences as well at the entire membership of the Senate of this fact.
(1) At
the meeting of the Senate following this notice by the Executive Secretary, the
President of the Student Bar Association shall introduce, in writing, a bill of
censure, which shall contain the following:
(a) The name
of the individual in violation of the attendance requirement;
(b) The
dates of the absences; and
(c) The following statement: "Resolved, in accordance with the
Senate's power under SBA Constitution art. I, § 10, that (name of the
individual), having attained three absences, is hereby expelled from the
Senate, effective immediately."
(2) The
individual shall have a full and meaningful opportunity to explain his or her
circumstances at such meeting, and present extenuating and/or mitigating
circumstances.
(a) If
the individual with three absences, and with notice thereof pursuant subsection
(D) of this section, fails to appear at such meeting, that individual may
submit a writing to the Senate explaining his or her circumstances, and
presenting any extenuating and/or mitigating circumstances for the three
previous absences, as well as the absence at such meeting.
(E) If
an individual attains a total of four absences, the
President of the Student Bar Association shall introduce a motion for
expulsion, notwithstanding the fact that this absence accrues at the meeting
immediately following the individual’s third absence. Such motion for expulsion shall be successful
upon a two-thirds majority vote of the Senators present.
(F) For the
purposes of this section the term “absence” shall not
include meetings missed due to:
(1) a conflicting class that is taken for credit in pursuance of
an advanced degree at
(2) a
co-curricular activity taken for credit including, but not limited to, Mock
Trial, Moot Court, Law Review, The Journal of International Law, and the Health
Matrix; or
(3)
a work
commitment, provided that the meeting missed was held before 7:00 p.m; or
(4)
an approved absence by three-fifths of the SBA
Executive Board.
(i)
If a
Senator has prior notice of the absence, he or she must notify the executive
secretary prior to the meeting or that absence will be unexcused.
(ii)
Any
unexpected absence, resulting from an event near the start of the meeting, will be excused if reasonable notice is given to the
Executive Secretary.
(G) If a
person qualifies for an exemption under subsection (F) of this section, that
individual shall use all reasonable haste to attend the meeting if the reason
for their non-attendance is abated previous to the
termination of the SBA meeting. In
addition, that person shall not be included in quorum calculations and shall
have no voting rights until and unless they appear at the meeting.
2.05. Standing Committees.
(A) The
following shall be the permanent Standing Committees of the Student Bar
Association, whose Chairs shall be appointed by the
President, by and with the advice and consent of the Senate:
(1) The Budget
Committee;
(2) The Election
Commission;
(3) The Student Life
Committee;
(4) The Commencement
Committee; and
(5)
The Professionalism Committee.
(B) The
President shall also appoint student representation, by and with the advice and
consent of the Senate, to the following student-faculty committees of the law
school:
(1) Admissions;
(2) Career Planning;
(3) Library and
Information Systems;
(4) Building and
Grounds;
(5) Curriculum; and
(6) Any other
student-faculty committee which may be established.
2.06. Other Committee Procedures.
(A) In
order to provide for maximum flexibility in advocacy and decision-making, the
President each year shall propose the creation of other committees and bodies which shall then be created by vote of the Senate
consistent with SBA Constitution art. I, § 8(f). Such committees shall be
established for the period of one year.
(B) To
provide for maximum planning and organization time associated with an
individual academic class's Commencement from the law school, the Senate shall
have the power to organize the Commencement Committee for the next following
graduating class earlier than other committees,
notwithstanding the existence of the Commencement Committee focusing on that
current academic year's commencement ceremony.
2.07. Applications for Committee Chairs & Membership. To ensure the widest possible representation
and involvement of students, the President shall utilize an open application
process for the Chairs and student-faculty committee representatives, in which
all eligible students are given a free and open
opportunity to apply for such positions. Following the appointment of Chairs of Standing Committees, such
applications shall be turned over to such Chairs for
subsequent use in filling committee memberships.
2.08. Nomination Procedure for the
(A) An
Officer or Senator may nominate himself or herself for election to the
(1) The individual
completes a Nomination Form as specified in this Bylaw; and
(2) If
elected, that the Officer or Senator submits a formal letter of resignation to
the President of the SBA within 24 hours of his or her election to the
(B) No individual shall be nominated by any Senator or Officer for
election to the
(C) The
Executive Secretary shall ensure each member of the Senate receives a copy of
the completed Nomination Form.
(D) The Nomination Form shall
include, at a minimum, the following:
(1) The name and class
year of the candidate;
(2) A personal
statement, including:
(a)
Qualities that would make the individual an asset to the
(b)
Examples of situations in which the candidate has demonstrated the ethical
qualities associated with the high standards of conduct expected of the legal
profession;
(c)
Reasons why such individual should be entrusted with
confidential information and decision-making capacity that may ultimately
affect the professional careers of his or her peers;
(3) The
following statement: "I hereby attest that the information contained in
this nomination form is true to the best of my knowledge, and that I have not
been subject to disciplinary sanctions while a law student in accordance with
SBA Constitution, art. III. I understand that any misrepresentation on this form may
constitute a false statement under the Law School Code of Conduct;" and
(4) The candidate's signature
affirming the truth of the statements therein contained.
2.10. Mandatory Honor Court
Mock Trial Each October: Because the Senate finds both that the
Honor Court's role should be elevated within the law school community, and that
law students should be impressed with the importance and scope of the Law
Student Code of Conduct early in their law academic careers, the Honor Court
shall each October hold a mock trial of a law student offense, with the first
such mock trial occurring in October 1998.
(A)
Preparations and conduct of the
(B) The
2.11 Representatives
from Case Western Reserve University School of Law to the American Bar
Association – Law Student Division The official representatives from Case Western Reserve University School
of Law to the American Bar Association – Law Student Division shall be
the President and one student elected pursuant to § 2.15.
2.12 Procedure for the
Selection of the Student Representative to the American Bar Association-Law
Student
(Section
Deleted)
2.13 Representative from
Case Western Reserve University School of Law to the Ohio State Bar Association The official representative from Case Western Reserve University School
of Law to the Ohio State Bar Association shall be one student elected pursuant
to § 2.14. The Representative shall
report to the Senate information and knowledge attained as the Representative
at the request of the SBA President or the request of one third of the Senate.
2.14 Representative from
Case Western Reserve University School of Law to the Cleveland Bar Association The
official representative from Case Western Reserve University School of Law to
the Cleveland Bar Association shall be one student elected pursuant to
§2.15. The Representative shall report
to the Senate information and knowledge attained as the Representative at the
request of the SBA President or the request of one third of the Senate.
2.15 Procedure
for the selection of the Student Representatives to the American Bar
Association Law Student Division, the Ohio State Bar Association and the
Cleveland Bar Association The
Student Representatives to the American Bar Association Law Student Division,
the Ohio State Bar Association, the Cleveland Bar Association, and any other
bar association for which the Senate deems it necessary and proper to select an
official student representative shall be selected from a pool of candidates who
apply by filling out the Application Form.
(A) Contents of the Application Form
(1)The Application Form
shall include, at a minimum, the following:
(a) The name of the given bar association for
which the candidate seeks office
(b) The name and class year of the candidate;
(c)
A
personal statement, including:
(i) Those Qualities
that would make the individual a good Representative of our law school within
the given bar association;
(ii) Reasons as to the student’s interest in
being the Representative of Case Western Reserve Law School to the given bar
association;
(iii)
Manners in which the student will disseminate the information and knowledge
that the student has attained as the Representative;
(iv) The following statement: “I hereby attest that
the information contained in this application form is true to the best of my
knowledge, and that I have not been subject to disciplinary sanctions while a
law student in accordance with SBA Constitution, art. III. I understand that any
misrepresentation on this form may constitute a false statement under the Law
School Code of Conduct;” and
(d) The candidate’s signature affirming the
truth of the statements therein contained.
(B) Term of Office and Removal
(1) The term of office for each Representative
shall be one year or until a Representative’s successor
shall be elected, except that a Representative may be removed pursuant
to Article V Section 5 of the SBA constitution.
(C) Voting Procedure-
(1) At a meeting in the month of
April after the election for second year and third year academic class senators, the SBA shall elect the Case Western Reserve University School of Law
official student representative to the American Bar Association-Law Student
Division, Ohio State Bar Association, Cleveland Bar Association, and any other
bar association for which the Senate determines that it is necessary and proper
to elect an official student representative except for the following:
(a) Upon the determination of the Senate that it
is necessary and proper to elect an official representative to a bar
association, the election of that representative shall take place by the end of
the second meeting of the Senate thereafter except the following:
(i) Because the
Representative to the Ohio State Bar Association has already
been selected, the current Representative shall remain the
Representative until the Representative’s successor is selected at the
second meeting in the month of April.
(2) The order of election of the student
representatives shall be the Student Representative to the American Bar
Association-Law Student Division, the Representative to the Ohio State Bar
Association, the Representative to the Cleveland Bar
Association, any other bar association for which the Senate determines that it
is necessary and proper to elect an official student representative.
(3) The Student Representative shall be the
student who receives the most votes from the Senate.
(4) If there is a tie between two applicants, the
SBA President shall cast the deciding vote.
(5) Any law student may nominate himself or
herself for election to the position of Representative to the given bar
association provided the student completes an
Application Form as specified by this Bylaw except the following:
(a) Any law student who wishes to nominate
himself or herself for election to the position of Representative to more than
one bar association shall complete a separate application form for each
position.
(b) No student shall serve as the Representative
to more than one bar association concurrently.
(c) Because the President of the SBA, pursuant to
§2.10 is an official representative to the American Bar Association-Law Student
Division, the President shall not nominate himself or herself for election to
the position of Representative to any other bar association.
(6) If a Senator nominates himself or herself as
an official representative to any bar association, that Senator shall be disqualified from casting his or her vote for that
position.
(7) The Executive Secretary shall ensure each
member of the Senate receives a copy of the completed Application Form of each
applicant.
TITLE
III: RULES FOR THE CONDUCT OF ELECTIONS AND RETURNS
3.01. Supremacy of Constitution. Elections shall be
conducted in accordance with SBA Constitution, art. VII.
3.02. Notice of Elections. The Election Commission shall be responsible
for giving full and adequate notice of elections prior to and during their
holding(s) within the law school community.
3.03. Interpretation
of these Rules During Elections. All election questions that shall arise, and are not otherwise covered by the SBA Constitution and/or
these Bylaws, and require adjudication during times of elections shall be
decided by majority vote of the Election Commission. Such decisions may be
amended and/or vacated by a majority vote of the Senate.
3.04. Candidate Disqualification. A candidate may only be
disqualified from running for office by vote of the Election Commission,
and only for the reasons for which one may be removed from office as
articulated in SBA Constitution, art. V, §§ 1(a) - 1(d).
3.05. Prohibition of Absentee Ballots. Absentee ballots or proxies shall neither be utilized nor accepted in any election.
3.06. Candidacy Forms. In order to run for office, a candidate shall
complete a Certificate of Candidacy disclosing the office he or she is
seeking.
(A) The
Certificate of Candidacy shall be developed by the Senate
Counsel and approved by vote of the Senate.
(B) The
Certificate shall include the following statement, which shall
be acknowledged by signature: "I hereby certify that I am eligible
in all respects for election to the Student Bar Association, and that I have
read both the SBA Constitution and the SBA Bylaws, a personal copy of which has
been issued to me by the SBA Senate Counsel."
3.07. Write-In Candidates. Any person otherwise
eligible for election may be elected by write-in ballots. An individual who provisionally wins by
write-in must both:
(A)
Certify, within 24 hours of the election, his or her eligibility for office by
signing a Certificate of Candidacy form, including his or her signature as
required in Bylaws 3.06(b) above; and
(B)
Notify the Election Commission, in writing, of his or her acceptance of
election within 24 hours of the election.
(A) No
person shall staff a polling place unless he or she is one of the four members
of the Election Commission, or so designated to staff the polls.
(b) A
list of these individuals shall be transmitted in
writing to the entire Senate membership not less than 72 hours prior to the
holding of election(s).
(C) In
the event the Election Commission requires an emergency substitution of polling
place staff after the submission of the polling staff list called for in Bylaw
3.08(b), the Election Commission may effect the appropriate personnel
substitutions following reasonable notification to the SBA President.
3.09. Sunshine Provision.
(A)
Ballots shall only be counted by members of the Election Commission or
individuals designated under the meaning of Bylaw § 3.08 above.
(B) Any law student may witness the counting of
ballots, provided such individuals shall not impede the counting of such
ballots and, if they shall do so, the Election Commission may compel the
ejection of such offending individuals.
3.10. Gag
Rule. No polling
station worker under the meaning of Bylaw § 3.08 above may comment upon any
candidate and/or issue to be elected and/or decided during the election.
3.11. Electioneering. Candidates may conduct
reasonable electioneering up to and including the day or days of elections by
whatever means necessary, provided that:
(A) No candidate may utilize class
time for electioneering of any kind.
(B) No limitations for campaign
spending shall be imposed.
3.12. Prohibition of SBA Facility Use. No
incumbent Officer or Senator, nor agents thereof, shall utilize SBA facilities
to support any candidacy for office. This prohibition includes, but is not limited to, the photocopying and
telephone privileges accorded the SBA by the law school administration.
3.13. Run-off Procedures for SBA Officers.
(A)
Because of the decision of the Special Student Division of the
(B) Accordingly, under the Senate's powers under SBA Constitution art. I §§ 8(e), (i), & (j), and art. VII § 5, "majority vote" for SBA Officer
elections shall mean a fifty percent plus one majority of the total votes cast
per office.
(C) The
Election Commission shall arrange for the two candidates for SBA Officer who
received the highest number of votes in the previous balloting to submit to a
run-off election.
(D)
Since this run-off is only between the candidates with the two highest vote
totals in the previous balloting, write-ins shall be
prohibited on the run-off ballot.
(E) The candidate who receives the
highest number of votes in this run-off shall be elected.
(F)
"Elections" as it appears in SBA Constitution art VII et seq. shall be defined as the completion of all balloting,
including appropriate run-offs.
3.14. Meaning of "Majority Vote" for SBA Senator Elections.
(A)
Because of the decision of the Special Student Division of the
(B) Accordingly, under the Senate's powers under SBA Constitution art. I §§ 8(e), (i), & (j), and art. VII § 5, the words "by majority vote" for SBA Senator elections
hereby are understood, in terms of custom, practice, and legislative intent, to
mean "plurality vote."
(C) Each
voter shall be entitled to vote for the number of candidates to be elected from his or her class as required in SBA
Constitution art. I §2(b).
(D) The candidates from each class
who receive the highest number of votes shall be elected.
TITLE
IV: BUDGETING PROCEDURES AND
PROCEDURES
REGULATING STUDENT ORGANIZATIONS
4.01. Transfer of Books and Financial Authority Between the Outgoing Treasurer and Incoming
Treasurer. Because the
Treasurer of the SBA is elected prior to the third week of March per the SBA
Constitution, and due to the financial regulations of the University, the
Senate finds that a transition arrangement is required between the new
Treasurer and the individual he or she has succeeded in office. As such:
(A) The
new Treasurer shall assume office within the time frames called for by the SBA Constitution.
(B) The
Treasurer, having assumed office, shall meet with his or her predecessor, and
determine an appropriate turnover schedule of financial authority.
(1)
Under such an arrangement, the previous Treasurer will serve in an advisory
capacity to the new Treasurer until such time as the
financial books are closed on the SBA and related accounts in accordance with
University and all other relevant procedures.
(2) This
arrangement in no way shall undermine the ability of the duly elected Treasurer
to conduct his or her constitutional obligations.
4.02. Records. The SBA Treasurer shall retain custody of all
checking and savings account books and records. All disbursements of funds shall be in the form of a check.
4.03. Receipts. All disbursement requests
must be accompanied by receipts.
4.04. Audits.
(A) The
Audit Commission shall conduct an audit of the Law Student Activities Fund and
the Student Bar Association’s budget twice per academic year and shall
report their findings to the Senate.
(1) A
complete audit of the previous fiscal year’s transactions shall be conducted within the month of October.
(2) A
mid-year audit of the current fiscal year’s transactions shall be conducted within the month of March.
(3) The
Audit Commission shall be made up of members of the
(B) The
scope of the Audit shall be to analyze reported transactions for accuracy, to
reconcile balances with reported transactions, to compare spending against
budget requests of student organizations, and any other relevant information
that the Senate shall request from the
4.05. Budget Procedure.
(A) The
Treasurer shall hold a meeting once per year describing the Budget Process,
appeals process, and the filling out and submission of all forms required by
the Treasurer of the Student Organizations.
(1) The
meeting shall take place no later than 2 weeks prior to the first meeting of
the Budget committee.
(2) The
Treasurer shall report the names of Student Organizations that are represented at this meeting in the Budget Proposal.
(3)
Student Organizations shall only send 1 representative
and that representative should be the treasurer of that organization or in the
alternative an elected member of the Student Organization’s executive
board as defined by that organization’s constitution and/or bylaws.
(a) The
Treasurer may grant exceptions to this subsection as needed if no qualifying
member is available to attend this meeting due to schedule conflicts.
(b) If the Treasurer grants an exception it
shall be noted in the Budget Proposal.
(B) Each
student group or organization shall be required to submit a Budget Proposal
Form to the Treasurer of the SBA by the deadline established by the Treasurer
in consultation with the Budget Committee.
(C) The Budget Proposal Forms will be reviewed by the Budget Committee.
(1) Each
Budget Committee member shall report to the Treasurer any and all groups in
which that Budget Committee member is an executive board member.
(2) A
list of all Budget Committee members’ executive positions shall be submitted to the Senate along with the Budget.
(3) Each event funding request shall include a detailed list of
costs and estimated date, giving the week and month in which the event shall
occur.
(D) The
Budget Committee shall take into account the neatness, promptness and amount of
detail in each budget request, along with any past budget misappropriations
provided from the Audit Commission.
(E) The
Budget Committee shall review the Budget Proposal Forms and make suggested
allocations of such monies based upon the respective criteria of each
group.
(F)
Appeals Process
(1) If a
student group is not satisfied with what has been proposed to
be allocated to it by the Budget Committee, such group may make a formal
appeal in writing to the Budget Committee, again in accordance with the
schedule established. Such appeals must
explain the basis for the group’s dissatisfaction and list all
prospective justifications for the need for more monies. Afterwards, the Budget Committee will notify
each appealing group in writing of their decisions as to such appeal.
(2)
Afterwards, the Budget Committee shall notify each group in writing, as well as
the entire membership of the Senate, of the Committee's decisions as to such
proposed allocations.
(G) If a
student group is still not satisfied with what has been
allocated to them by the Budget Committee, such group may formally
present its grievance to the entire Senate as such time the budget comes before
the Senate for adoption.
(H) Once
the Senate shall adopt the budget of a student group, the group will be able to
request funds in writing from the Treasurer at which time a check will be issued to the appropriate agent of such
organization.
4.06. Prohibition Against Granting Exclusive Arrangements to Student
Organizations. In
accordance with its power to regulate student organizations under SBA
Constitution art. I, §§ 8(a), (i), and (j), the
Senate finds that market solutions are generally the optimal way to ensure the
widest possible availability and diversity of goods and services within the law
school community. Therefore:
(A) No
student organization at the Case Western Reserve University School of Law has
any preferential status of any kind, expressed or implied, which accords single
source status for providing any good or service; and
(B) The
Senate shall not grant any agreement, contract, or other form of binding
commitment, expressed or implied, to or upon any student organization for
single source status of any good or service.
4.07. Promoting Efficient Use of Resources and Maximum Attendance at Events. In accordance with its power to regulate
student organizations under SBA Constitution art.I,
§§ 8(a), (I), and (j), to conserve financial resources, avoid waste, promote
planning, and promote efficient allocation of resources, the Senate finds that
the central student activities fund (“Fund”) requires additional
regulation. Therefore:
(A) No more than two student organizations at
Of Law shall be authorized to hold any event on the same calendar
day, Monday Through Friday, beginning between 11:30 am and 1:00 pm, at which
food is provided and paid for or otherwise subsidized by funds obtained from
the Fund.
(B) Any student organization
which desires to hold an event at which food is provided shall first
obtain written authorization from the Vice-President of the Student Bar
Association.
(C) The Vice-President shall maintain a central
scheduling calendar upon which he or she shall
schedule and authorize the holding of no more than two
events per calendar day at which food is provided and paid for or otherwise
subsidized by the Fund.
(D) The Vice-President shall issue a written
authorization verifying the scheduling of the event.
(E) Any student organization
which shall violate this Bylaw and hold an event at which food is
provided and paid for or otherwise subsidized by funds
obtained from the fund may not be reimbursed for the expenses of such event,
and/or may have its budget subsequently reduced by action of the Budget
Committee.
(F) The Budget Committee shall enforce this Bylaw by appropriate action.
(G) The
Student Bar Association Vice-President and Treasurer, within seven calendar
days following the adoption of this Bylaw, shall promulgate to all student organizations and the student body at large the precise procedure that shall be followed by
organizations desiring to schedule events in light of this Bylaw.
(H) In the event a previously scheduled event for
a student organization is cancelled and/or
rescheduled, for reasonable causes as determined by the
Vice-President, the student organization shall be allowed to reschedule that
event as contained in this Bylaw as is necessary and appropriate, even if such
rescheduling creates more than two events per calendar day. No student organization shall be sanctioned
or otherwise negatively impacted if such event is cancelled
and/or rescheduled.
(I) To prevent
conflicts with events already scheduled during the 1998-99 school year,
this Bylaw
shall enter into force on October 1, 1998.
4.08 Student Organization
Space Allocation. The
Senate shall allocate cubicle space, as well as
bulletin board and mail folder space, to student organizations in the Student Activities
Room
in the law
school building.
(A) The Vice-President shall solicit space
requests from student organizations and make allocation suggestions
accordingly.
(B) The Senate shall approve the space
allocations by majority vote.
(C) The Student Bar Association has jurisdiction
over the Student Activities Room because such
jurisdiction has been delegated to the Student Bar Association
by the administration of Case Western Reserve University School of Law. Therefore, the Student Bar Association shall
not have jurisdiction, express or implied, over any other student office at
Case Western Reserve University School of Law other than the Student Activities
Room.
4.08 Speaker Fund. In order to facilitate the scheduling of
speakers by the student organizations, the Senate finds that the establishment
of a Speaker Fund is necessary and proper. Therefore:
(A) The
Budget Committee and the Senate, in accordance with their normal roles in the
budgeting process, shall allocate from the Law Student Activities Fund a
Speaker Fund which shall not exceed the greater of 10%
of the Law Student Activities Fund or $5000.
Because
of this allocation:
(1)
No
student organization shall be allocated funds during
the budgeting process for a speaker event, except upon a showing of substantial
need and definiteness so that it would be unreasonable not to allocate such
funds.
(2)
At the
end of each fiscal year all unused Speaker Fund monies
shall be returned to the Law Student Activities Fund.
(B) The
Treasurer shall have the power to distribute or decline to distribute funds
from the Speaker Fund without the approval of the Senate, except that:
(1)
Any
distribution for a speaker event which exceeds $250 shall be approved by a majority vote of the Senate there present.
(2)
If the
Treasurer declines a student organization's request for a Speaker Fund
distribution, that student organization may present its request to the entire
Senate, which may approve the distribution to the organization from the Speaker
Fund by a majority vote of the Senate there present.
(3)
Funds
shall not be distributed from the Speaker Fund for any non-speaker event or
removed from the Speaker Fund except upon the following:
(a)
the
recommendation of at least one of the following:
(i)
The
Treasurer; or
(ii)
Two SBA
officers; or
(iii)
A
majority vote of the Budget Committee; or
(iv)
At least six Senators provided at least one Senator
is from each of the three classes; and
(b)
written
notice is provided to each member of the Senate not less than two calendar days
prior to the meeting at which such distribution or removal will be voted on
which notice shall include:
(i)
the
names of those individuals recommending the distribution or removal, except
that in the case of a recommendation by the Budget Committee a statement
reflecting as much shall be deemed sufficient; and
(ii)
The
activity or event for which the distribution is recommended or, in the case of
removal, the group to which removal is recommended, even if such removal is to
the Student Bar Association or Law Student Activities Fund; and
(iii)
The
amount of such proposed distribution or removal; and
(iv)
The amount that will remain in the Speaker Fund
after such proposed distribution or removal; and
(c)
Approval by a two-thirds majority vote of the Senate there present.
(4)
The Senate may revoke the Treasurer's power to distribute funds without
the approval of the Senate for the remainder of that Treasurer's term of office
by a three-quarters majority vote of the Senate there present at any meeting of
the Senate, provided that written notice has been provided to each member of
the Senate not less than seven calendar days prior to such a meeting. Upon the swearing in of a new Treasurer, the
power of the Treasurer to distribute funds without the approval of the Senate shall be reinstated.
(C)
For
purposes of this section:
(1)
Distribution
means the total amount paid from the Speaker Fund to any student organization
or collection of student organizations for a single event.
(2)
Remove,
removal, and removed mean the taking of funds from the Speaker Fund for
reallocation to any student organization or collection of student
organizations, including the SBA and its committees and subcommittees.
(3)
Written
notice means tangible notice on paper, e-mail or other electronic notification,
while encouraged, shall be insufficient.
TITLE V:
HISTORY OF AMENDMENTS TO THE SBA BYLAWS
5.01. Date of Original Enactment. SBA Bylaws Titles I - VII proposed by special
Reform and Drafting Committee, and adopted by the unanimous vote of the SBA
Senate on February 16, 1998, entering into force on the same date.
5.02. Election Clarification Amendments. Bylaws 3.13 and 3.14 were
added by the required vote of the SBA Senate on March 31, 1998.
5.03. Event Attendance Maximization & Resource Efficiency
Amendment. Bylaw
4.07 was added by the required vote of the SBA Senate
on September 2, 1998.
5.04. Student Organization Space Allocation Amendment. Bylaw 4.08 was added by the required vote of the SBA Senate on September 23, 1998.
5.05. Rescinding of
5.06. Rescinding
of
5.07. Modification of Temporary Suspension Amendment. Bylaw 1.08(a) was modified by the required vote of the SBA Senate on
September 15, 1999.
5.08. Addition
of Speaker Fund Clause. Bylaw 4.09 was added to the SBA
Bylaws by the required vote of the SBA Senate in Spring,
2004
5.09. Modification of Expulsion Procedure Amendment. Bylaw 2.04 was
modified by the required vote of the SBA Senate
5.10. Non-Substantive Edits. Non-substantive edits were made
to 1.04, 1.07, 2.11, 2.14, 2.15(C)(3), and 4.07. Also
2.12 was removed as being redundant with 2.15. Finally, ‘§’ symbols were removed
from Section headings.
5.11. Expansion of Senate
Counsel’s duty to update. Bylaw 1.05 was modified by adding subsections (C) and (D). Bylaw 1.07 was amended by adding subsection (C). Both amendments received the required vote of the SBA
Senate on March 29, 2006.
5.12. Clarifying the Budget
Procedure. Bylaw 4.04 was completely
redrafted. Several changes were made to Bylaw
4.05 to more accurately reflect the realities of the process. Both amendments
received the required vote of the SBA Senate on March 29, 2006.
[REMAINDER
RESERVED FOR FUTURE USE].
TITLE VI: HISTORY OF AMENDMENTS TO THE
SBA CONSTITUTION
[RESERVED FOR FUTURE USE].
TITLE VII: CONSTITUTIONAL
INTERPRETATIVE HOLDINGS OF THE
HONOR
COURT
7.01. The Meaning of "Majority Vote" for SBA Officer
Elections. "It was unconstitutional to declare a winner
of an Art. I §2(d) office absent the candidate receiving
greater than fifty percent of the total eligible votes cast." James
R. Bennett, Brett M. Mancino v. Student Bar
Association, ___ SBA Opinions ___ (Honor Court, Special Student Division,
Mar. 30, 1998).
7.02.
The
Meaning of a Completed Candidacy Form for SBA Elections. “Section 3.06 of the SBA Bylaws
requires a signed certification by the deadline for a candidate's name to
appear on the ballot. Missing the
deadline does not preclude a student from campaigning and receiving write-in
votes.”
7.03.
The
Meaning of Removing a Student from Chairing a Committee Created by the SBA. “The SBA President alone may remove a
committee chair for just cause, but must provide his reasons in writing to the
individual and Senate. The Senate may
reinstate the individual pursuant to Article V, Section 5 of the SBA
Constitution.”
[REMAINDER
RESERVED FOR FUTURE USE].
Section 1. This Constitution
shall be submitted to the law student body for its adoption by a two-thirds
majority vote of the existing governing body of the Student Bar Association,
and shall be adopted upon the affirmative vote of no less than a two-thirds
majority of the law student population so voting in general referendum.
Section 2. This Constitution
shall enter into full force and effect on December 1, 1997, superseding any and all governing documents and instruments existing
prior to that date.
Section 3. The entrance into
force of this Constitution shall not affect the tenure of any elected or
appointed official of the Student Bar Association who shall have been elected
and/or appointed under the law student governing system existing prior to
December 1, 1997, provided that:
a.
The bodies, offices, and titles of office utilized by individuals and bodies
elected and/or created under the previous law student governing system shall
hereby be automatically converted into the analogous new bodies, offices, and
titles of office of this Constitution. b. In order to ensure the
DONE, at the City of
IN WITNESS WHEREOF, the undersigned Representatives of the Law
Students of Case Western Reserve University, have subscribed their names.
Officers
Marqueta Tyson
Steven Meckler
Lisa Tynes
Mary Murphy
Richik Sarkar
Elected Representatives
Lizz Acee
Ann Fidel
Timothy Goodman
Heide Herrmann
Andrew Kasten
Jenny Kim
Fan-Su Ku
William Mcconico
Kevin Mcdonald
Christian Natiello
Alex Penley
Andy Petropouleas
Brian Plesser
Rodney Pulliam
Aileen Sexton
Jonathan Sheir
Ruby Sekhon
Louis Trenta
Rachael Urbansky
Leslie Wargo
Mark Woznicki
The Constitution Drafting Committee
Mark Douglas
Timothy Goodman, Chair
Kristin O'Brien Molloy
Victor Perez
Michael Tucci
Cheryl Lee Young