CONSTITUTION

OF THE

STUDENT BAR ASSOCIATION

OF

CAPITAL UNIVERSITY 

LAW SCHOOL

Adopted on May 9, 1969. Last revised on September 16, 2022.

We, the students of Capital University Law School, establish the Capital University Law School Student Bar Association to foster communication and cooperation between the Law School administration, faculty, staff, students, alumni, the student division of the American Bar Association, and the state and local bar associations. The Association shall promote and encourage professional excellence in the study of law, will work with school administration and faculty to strengthen academic achievement through advancements in legal education, and shall strive to promote and protect the interests of all students enrolled in the Law School.

ARTICLE I: GENERAL PROVISIONS

SECTION A: NAME

1.     The official name of the organization shall be the Capital University Law School Student Bar Association, hereinafter referred to as SBA.

SECTION B: MEMBERSHIP

1.     All currently enrolled students pursuing the degree of Juris Doctor, full-time or part-time, at Capital University Law School are Student Members of SBA.

2.     Students may formally renounce membership in writing to the Secretary of the SBA.

3.     Students may regain membership by submitting a written request, at least a month after renouncing their membership, to the Secretary of the SBA, which the Secretary must accept.

SECTION C: STUDENT MEMBER’S RIGHTS

1.     All Student Members have the right to attend open meetings of the SBA Governing Board, to inspect all SBA records, and to raise concerns during the required open forum segment of the SBA Governing Board meeting.

2.     All Student Members have the right to vote in SBA elections consistent with their class and section. Student Members graduating at the end of the semester when SBA elections are held shall not have a vote. This includes special elections or recalls.

3.     Any Student Member may bring a resolution except for a resolution to amend this Constitution or the SBA Rules and Procedures before the entire Governing Board by coordinating with a SBA Governing Board member to sponsor the resolutions or by obtaining signatures from ten percent (10%) of the Student Members supporting that issue.

a.     If the Governing Board votes negatively on any resolution under this section except for a resolution sponsored by a Governing Board member, or cannot overcome the President’s veto, a Student Member may obtain the signatures of twenty-five-percent (25%) of the Student Members supporting that issue, at which time the resolution will be submitted to the Governing Board and scheduled to be put before the Student Members for voting consistent with the election procedure of this Constitution and the SBA Rules and Procedures.

SECTION D: ADVISOR

1.     SBA shall have an advisor from the faculty or administrator who shall provide guidance to SBA when requested.

ARTICLE II: THE GOVERNING BOARD

SECTION A: PURPOSE

1.     The Governing Board shall act as the governing and representative body for the SBA. The Governing Board is charged with developing all policies of the SBA, adopting administrative directives, amending this Constitution, adopting rules and procedures, and furthering the best interests and general welfare of the Student Members and the Capital University Law School Community.

SECTION B: ELIGIBILITY

1.     All members of the Governing Board must be Student Members of SBA enrolled as a full or part time student at Capital University Law School pursuing the degree of Juris Doctor for their entire term.

2.     All members of the Governing Board must be in good standing, as defined by the SBA Rules and Procedures, at the time of their election and while in office.

SECTION C: TERMS OF SERVICE

1.     All members of the Governing Board, except First Year Representatives, shall begin their term of service the first day following the Spring Semester in which they were elected.

2.     All members of the Governing Board shall end their term of service on the last day of the following Spring Semester, the member’s graduation date, or the member’s last day of enrollment in Capital University Law School’s Juris Doctor program, whichever is sooner.

3.     First Year Representatives who are elected in the fall of their first year shall begin their term following the confirmation of their election, as defined by the SBA Rules and Procedures, and shall end their term on the last day of the following Spring Semester, the member’s graduation date, or the member’s last day of enrollment in Capital University Law School’s Juris Doctor program, whichever is sooner.

SECTION D: POWER OF THE GOVERNING BOARD

1.     The Governing Board shall have the power to adopt resolutions or take action on behalf of SBA to advance SBA’s mission or goals upon an affirmative vote of the Governing Board consistent with this Constitution and the SBA Rule and Procedures.

2.     The Governing Board shall not be allowed to dedicate funding towards something outside of their current term of office.

ARTICLE III: GOVERNING BOARD MEMBERS

SECTION A: PRESIDENT

1.     The President shall be elected by a plurality of eligible Student Members in the general SBA election held during the Spring Semester.

2.     The President shall serve as the spokesperson for the SBA Governing Board, SBA Student Members and the law school students and will communicate to the students any major changes about the law school in a timely manner.

3.     The President shall convene and preside over meetings of the Governing Board.

4.     The President shall nominate, with the appropriate approval of the Governing Board, vacant Governing Board positions as described in Article V.

5.     The President shall have the authority to sign checks or warrants for money from the SBA general fund when such distributions have been dully authorized by the procedures set forth in this Constitution or the SBA Rules and Procedures.

6.     The President shall perform all duties required by the SBA Constitution, SBA Rules and Procedures, and/or as directed by the Governing Board.

SECTION B: THE FULL-TIME VICE PRESIDENT

1.     The Full-Time Vice-President shall be elected by a plurality of eligible Student Members in the general SBA election held during the Spring Semester.

2.     The Full-Time Vice-President must remain a student in the full-time program to remain the Full-Time Vice- President (final semester of the individual’s final year excepted).

3.     The Full-Time Vice-President shall represent the interests of the students in the Full-Time Program to the President and Governing Board.

4.     The Full-Time Vice-President shall perform other duties as required by the SBA Rules and Procedures, or as directed by the President or Governing Board.

SECTION C: THE PART-TIME VICE PRESIDENT

1.     The Part-Time Vice-President shall be elected by a plurality of eligible Student Members in the general SBA election held during the Spring Semester.

2.     The Part-Time Vice-President must remain a student in the part-time program to remain the Part-Time Vice-President (final semester of the individual’s final year excepted).

3.     The Part-Time Vice-President shall represent the interests of the students in the Part-Time Program to the President and Governing Board.

4.     The Part-Time Vice-President shall perform other duties as required by the SBA Rules and Procedures, or as directed by the President or Governing Board.

SECTION D: TREASURER

1.     The Treasurer shall be elected by a plurality of eligible Student Members in the general SBA election held during the Spring Semester.

2.     The Treasurer shall perform all duties as required by the SBA Rules and Procedures, as directed by the President, or by a majority vote of the Governing Board.

3.     The Treasurer shall have the authority to sign checks or warrants for money from the SBA general fund, when such distributions have been dully authorized by the procedures set forth in this Constitution or the SBA Rules and Procedures.

SECTION E: SECRETARY

1.     The Secretary shall be elected by a plurality of eligible Student Members in the general SBA election held during the Spring Semester.

2.     The Secretary shall perform all duties as required by the SBA Rules and Procedures, as directed by the President, or by a majority vote of the Governing Board.

SECTION F: DIVERSITY EQUITY AND INCLUSION (“DEI”) OFFICER

1.     The DEI Officer shall be elected by a plurality of eligible Student Members in the general SBA election held during the Spring Semester.

2.     The DEI Officer will act to support and advance the DEI principles outlined in, and shall perform all duties as required by, the SBA Rules and Procedures. 

3.     The DEI Officer shall perform all duties as required by the SBA Rules and Procedures, as directed by the President, or by a majority vote of the Governing Board.

SECTION G: REPRESENTATIVES

1.     Representative shall be elected by a plurality vote as follows:

a.     Three (3) First-Year Representatives, composed of two (2) full-time members and one (1) part-time member, to be elected from and by the Student Members of respective sections of the first-year class during fall semester.

b.     Three (3) Second-Year Representatives, composed of two (2) full-time members and one (1) part-time member, to be elected from and by the Student Members of the respective sections of the rising second-year class. 

c.     Three (3) Third-Year Representatives, composed of two (2) full-time members and one (1) part-time member, to be elected from and by the Student Members of the respective sections of the rising third-year class.

d.     One (1) Fourth-Year Representatives to be elected from and by the Student Members of the rising fourth-year class. 

2.     Representatives shall perform all duties as required by the SBA Rules and Procedures, as directed by the President, or by a majority vote of the Governing Board.

SECTION H: TRANSITIONS

1.     Before the expiration of the current Governing Board’s term of office, the current SBA Governing Board Members shall provide an ample transition with the incoming SBA Governing Board Members.

ARTICLE IV: ELECTIONS

SECTION A: PROCESS

1.     Elections shall be governed by the SBA Constitution and the SBA Rules and Procedures.

2.     In the event of a tie in an election for members of the Governing Board, a run-off election shall occur between the candidates who received the highest and same number of votes.

a.     The winner of the run-off election shall be elected by a simple plurality of the votes cast.

b.     The run-off election shall occur within seven days of the first election’s closing.

c.     If the tie cannot be broken after the run-off election, the current Governing Board will select the winning candidate by a simple majority vote.

3.     In the event of a tie in an election except for an election for members of the Governing Board the issue shall be considered having not passed.

ARTICLE V: VACANCIES IN THE GOVERNING BOARD

SECTION A: PRESIDENT

1.     If the President’s position becomes vacant for any reason, the Governing Board, under the direction of the Secretary, shall meet as soon as practical to elect either the Full-Time or Part-Time Vice-President to the position of President by a majority roll-call vote.

2.     The Governing Board shall then elect a member of the Governing Board to replace the vacant Vice-President position by a majority roll-call vote.

3.     The newly elected President shall then appoint, with the advice and majority consent of the Governing Board, a student to the newly vacated Governing Board position in conformity with Article V, of this Constitution.

4.     If no Vice-President can or wishes to be President, the Governing Board shall nominate and elect a member of the Governing Board to the position by a majority roll-call vote.

SECTION B: VICE PRESIDENTS, TREASURER, SECRETARY, AND DEI OFFICER

1.     If a Vice-President, the Treasurer, the Secretary, or DEI Officer position becomes vacant for any reason, the Governing Board shall meet as soon as practical to nominate and elect a member of the Governing Board to the position by a majority roll-call vote.

2.     The President shall then appoint, with the advice and majority consent of the Governing Board, a student to the newly vacated Governing Board position in conformity with Article V of this Constitution.

SECTION C: OTHER GOVERNING BOARD POSITIONS

1.     The President shall appoint, with the advice and majority consent of the Governing Board, an eligible SBA Student Member to any vacated Governing Board position in conformity with the Constitution and SBA Rules and Procedures.

2.     The President shall act quickly to fill any opening Governing Board position to minimize the impact to the function of the Governing Board.

ARTICLE VI: SANCTIONS OF GOVERNING BOARD MEMBERS 

SECTION A: POWER OF GOVERNING BOARD

1.     The Governing Board may sanction any SBA Governing Board member for a violation of this Constitution or the SBA Rules and Procedures by a resolution passed by seventy-five percent (75%) of the Governing Board recommending sanctions.

SECTION B: POWERS OF STUDENT MEMBERS

1.     Any SBA Governing Board Member, SBA Student Member, or Law School Community Member shall have the ability to file a complaint for sanctions against a Governing Board Member.

2.     Any SBA Student Member may put a vote before the entire SBA Student Membership for a recall of any or all SBA Governing Board members upon delivery to the Governing Board, or if appropriate to the SBA Advisor, a statement seeking the same with the signatures of fifty percent (50%) of the SBA Student Members affirming their desire for a recall.

3.     Upon submission for a statement for recall the Governing Board, or if appropriate the SBA Advisor, shall schedule the recall to be put before the SBA Student Members for voting consistent with the election procedure of this Constitution and the SBA Rules and Procedures.

4.     For a SBA Governing Board Member to be recalled seventy-five percent (75%) of the Student Members must vote in favor of recall.

SECTION C: POSSIBLE SANCTIONS FOR BOARD MEMBERS

1.    Sanctions may include any one or more of the following:

a.     Private reprimand;

b.    Public reprimand;

c.     Suspension from the SBA position;

d.    Removal from committee membership;

e.     Removal from the SBA position; or

                                               i.     If a Governing Board member is removed from their position, then that member is longer eligible to be appointed to an SBA Board Member or committee position but may run for any position in an election.

f.     Referral to the law school’s honor code committee.

SECTION D: RIGHTS OF GOVERNING BOARD MEMBER

1.     Any SBA governing board member who may be subject to any disciplinary action shall have the following rights:

a.     To be given at least seven days’ notice of such a vote taking place

b.     To be actually found in violation of the Constitution or Rules and Procedures

c.     To have time dedicated to presenting evidence in support and against the resolution

d.     To be made aware of the most severe possible sanction at least seven days prior to the vote

2.     All rights of the accused shall be given prior to a proposed resolution is submitted to the SBA Governing Board.

SECTION E: AUTOMATIC REMOVAL

1.     Any SBA Governing Board Member who misses three consecutive regular meetings of the Governing Board without approval from the President shall be automatically removed from office.

2.     Any SBA Governing Board Member who becomes ineligible under Article II, Section B shall be automatically removed from office.

3.    Any SBA Governing Board Member who is facing removal under this section shall have a right of appeal and reinstatement if seventy-five percent (75%) of the SBA Governing Board approves reinstatement or if it is discovered removal was in error.

SECTION F: PROCESS

1.     The SBA Rules and Procedures shall provide the detailed procedure to properly execute this Article.

ARTICLE VII: AMENDMENTS TO THE CONSTITUTION

SECTION A: PROCESS

1.     Amendments to this Constitution shall be required to undergo a two-step process with approval first by the SBA Governing Board and then by the Student Members of SBA.

2.     Amendments may be initiated by a resolution submitted to the Governing Board by a Governing Board Member or by a suggestion for amendment submitted by a SBA Student Member to the Governing Board or committee designated by the Governing Board to handle such submissions.

SECTION B: GOVERNING BOARD

1.     A resolution submitted to the Governing Board proposing an amendment to this Constitution shall be debated and voted on in a manner consistent with this Constitution and the SBA Rules and Procedures.

2.     A two-thirds (2/3) vote of a quorum of the SBA Governing Board will be required to approve a resolution proposing an amendment to this Constitution.

3.     Upon approval, the approved amendment, together with a copy of this section of the Constitution, shall be distributed to the SBA Student Members.

SECTION C: THE STUDENT VOTE

1.     Final approval of the proposed amendment shall be voted on by the Student Members of SBA.

2.     A vote by the SBA Student Members shall not take place less than twenty-one (21) days after the proposed amendment was distributed to the SBA Student Members.

3.     The election shall be governed by this Constitution and the SBA Rules and Procedures. 

4.     An election to adopt a proposed amendment shall be considered a valid election if at least fifty percent (50%) of the eligible SBA Student Members participate in the election.

5.     An amendment shall be considered approved if, in a valid election, seventy-five percent (75%) of the voting SBA Student Members vote for the amendment’s adoption. 

6.     If the amendment is approved, then the amendment will take immediate effect, but not to the degree that current members of the SBA Governing Board can be removed due to an amendment to the Constitution.

7.     Once an amendment to the constitution has been passed by the SBA Student Members, care should be taken to avoid changes to such amendments for one full school year, starting at the expiration of the current Governing Board’s term of office.

ARTICLE VII: CONFORMITY OF THE CONSTITUTION, SBA RULES AND PROCEDURES, AND RESOLUTIONS

SECTION A: CONFORMITY

1.     The SBA Rules and Procedures and any Resolutions shall be in conformity with this Constitution.

2.     In any inconsistencies between this Constitution and the SBA Rules and Procedures or any Resolutions this Constitution will prevail.