RULES AND PROCEDURES

OF THE

STUDENT BAR ASSOCIATION

OF

CAPITAL UNIVERSITY

LAW SCHOOL

Adopted on July 8, 2017 by Resolution 1718-01

Most Recent Revision on August 26, 2022 by Resolution #2223-02

CHAPTER 1 - PRESIDENT

1.01        General Duties

(a)    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.

(b)    The President shall appoint any student in good standing to fill vacant Governing Board positions in accordance with the SBA Constitution and SBA Rules and Procedures.

(c)    The President shall maintain documentation of resources and materials accumulated during the year that can be passed on to the next person sitting in this position.

(d)    The President along with the Vice Presidents, shall have no less than one (1) town hall meeting each semester to engage in a discussion of issues facing the Law School.

(e)    The President shall give a report of the state of the SBA at the Regular Meeting of the SBA Governing Board in January. 

(f)     The President shall provide a report of the business of their office to the Secretary no less than forty-eight (48) hours prior to Regular Meetings of the SBA Governing Board.

(g)    The President should confer with other Governing Board Members, Committee Members, Student Members of SBA, or other individuals associated with the law school to effectively carry out their duties.

(h)    The President shall nominate Student Members in good standing to all committees consistent with the SBA Rules and Procedures.

(i)     The President shall hold one of two student representative positions on the Law School Law Council.

CHAPTER 2 - FULL-TIME VICE PRESIDENT

2.01        General Duties

(a)    The Full-Time Vice President shall coordinate with the Full-Time Class Representatives to address issues related to the day population and ensure their interests are properly served.

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

(c)    The Full-Time Vice President shall serve as the Student Chairperson of the Law School Honor Code Committee. 

             (i)    The Full-Time Vice President shall be automatically disqualified based on a conflict of interest from presiding over any Honor Code dispute regarding an SBA election in which they chose to endorse or were a candidate in a contested race that is the subject matter of the dispute.

(d)    The Full-Time Vice President shall serve as the Student Member of the Law School Commencement Committee.

(e)    The Full-Time Vice President along with the President and Part-Time Vice President, shall have no less than one (1) town hall meeting each semester to engage in a discussion of issues facing the Law School.

(f)     The Full-Time Vice President shall provide a report of the business of their office to the Secretary no less than forty-eight (48) hours prior to Regular Meetings of the SBA Governing Board.

(g)    The Full-Time Vice President shall maintain documentation of resources and materials accumulated during the year that can be passed onto the next person sitting in this position.

(h)    The Full-Time Vice President shall perform other duties as directed by the President, or by majority vote of the Governing Board.

CHAPTER 3 - PART-TIME VICE PRESIDENT

3.01        General Duties

(a)    The Part-Time Vice President shall coordinate with the Part-Time Class Representatives to address issues related to the evening population and ensure their interests are properly served.

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

(c)    The Part-Time Vice President shall serve as a Student Member of the Law School Commencement Committee.

(d)    The Part-Time Vice President shall serve as a Student Member of the Law School Honor Code Committee. 

             (i)    The Part-Time Vice President shall be automatically disqualified based on a Conflict of Interest from presiding over any Honor Code dispute regarding an SBA election in which they chose to endorse or were a candidate in a contested race that is the subject matter of the dispute.

(e)    The Part-Time Vice President along with the President and Full-Time Vice President, shall have no less than one (1) town hall meeting each semester to engage in a discussion of issues facing the Law School.

(f)     The Part-Time Vice President shall provide a report of the business of their office to the Secretary no less than forty-eight (48) hours prior to Regular Meetings of the SBA Governing Board.

(g)    The Part-Time Vice President shall maintain documentation of resources and materials accumulated during the year that can be passed onto the next person sitting in this position.

(h)    The Part-Time Vice President shall perform other duties as directed by the President, or a vote of the Governing Board.

CHAPTER 4 - TREASURER

4.01        General Duties

(a)    The Treasurer shall prepare and preserve all financial records and make expenditures of funds as authorized by Rules and Procedures.

(b)    The Treasurer shall make publicly available all financial records, kept in written format, for review by any Capital University Law School Community Member or other individuals with a valid interest upon reasonable notice.

(c)    The Treasurer shall serve as the financial advisor for SBA.

(d)    The Treasurer shall provide a written report of the financial status of SBA to the Secretary no less than forty-eight (48) hours prior to Regular Meetings of the SBA Governing Board that at least includes cash balances in each bank account, total annual revenue earned, total annual expenses paid, and projected revenue and expenses for the remainder of the year. The Treasurer shall also provide an oral summary of their report during the meeting.

(e)    The Treasurer shall have signatory authority on all SBA accounts and be responsible for the distribution of all funds duly authorized in accordance with the SBA Constitution and SBA Rules and Procedures.

(f)     The Treasurer shall prepare and present the annual SBA budget to the Capital University Law School Administration.

(g)    The Treasurer shall perform other duties as directed by the President, or a vote of the Governing Board.

(h)    The Treasurer shall maintain documentation of resources and materials accumulated during the year that can be passed onto the next person sitting in this position.

(i)     The Treasurer shall chair the Budget Committee.

CHAPTER 5 - SECRETARY

5.01        General Duties

(a)    The Secretary shall maintain all records of the SBA, which will be publicly available for review by any Capital University Law School Community Member upon reasonable notice.

(b)    The Secretary shall maintain a record that includes at least a copy of the SBA Constitution, Rules and Procedure, and all resolutions, which are available for review by any Capital University Law School Community Member.

(c)    The Secretary shall take written minutes, including a record of attendance of all Governing Board Members for all meetings of the Governing Board and distribute minutes to the SBA Governing Board and make them available to SBA Student Members in accordance with these Rules and Procedures.

             (i)    In the Secretary’s absence the Secretary shall select a member of the SBA Governing Board to fulfil minute taking duties.

(d)     The Secretary shall chair the Communications Committee.

CHAPTER 6 - DIVERSITY EQUITY AND INCLUSION (“DEI”) OFFICER

6.01        General Duties  

(a)    The DEI Officer shall act as a liaison to all diversity and affinity groups at Capital as well as to Law School Administration, Faculty, Staff, and Alumni with respect to Diversity Equity and Inclusion.

(b)    The DEI Officer shall act as Chair of the DEI Committee and work to further the Committee’s purpose. 

(c)    The DEI Officer shall provide a report of the business of their office to the Secretary no less than forty-eight (48) hours prior to Regular Meetings of the SBA Governing Board.

(d)    The DEI Officer shall perform other duties as directed by the President, or a majority vote of the Governing Board. 

CHAPTER 7 - REPRESENTATIVES

7.01        General Duties

(a)    The Representatives shall ensure open and timely communication from their law school constituents to the SBA.

(b)    The Representatives shall act in accordance with the Constitution and SBA Rules and Procedures.

(c)    The Representatives shall make themselves available to their constituents.

(d)    The Representatives shall provide a report from their meetings with constituents to the Secretary no less than forty-eight (48) hours prior to Regular Meetings of the SBA Governing Board.

(e)    The Representatives shall serve on a minimum of two external or internal committees.

CHAPTER 8 - SBA ADVISOR

8.01        Appointment of the SBA Advisor

(a)    The SBA Advisor position should be held by the Assistant Dean of Student Affairs for the Law School or a comparable Law School Administrator responsible for student affairs whenever possible.

(b)    If the Assistant Dean of Student Affairs or comparable individual is available, they shall automatically become the SBA Advisor without nomination or vote. 

(c)    If the Assistant Dean of Student Affairs is not available to act as the Advisor of SBA the President shall nominate an alternate member of the Law School Faculty or Administration to serve as an advisor who shall be confirmed by a majority vote of the SBA Governing Board. 

8.02        General Duties

(a)    The SBA Advisor shall attend SBA Governing meetings as needed.

(b)    The SBA Advisor shall provide guidance to the SBA Governing as needed.

(c)    The SBA Advisor shall coordinate with Governing Board and Committee members to facilitate the execution of contracts into which the SBA enters as needed.

(d)    The SBA Advisor shall, when necessary due to conflicts of interest, oversee recall elections or complaints filed against the SBA Governing Board.

CHAPTER 9 - MEETINGS

9.01        Types of Meetings

(a)    Regular Meetings

(i)    The Governing Board shall meet in “Regular Meetings” at least once a month for each month, except, June, July, August, and December. and at least once during the summer (June, July, August), which may take the form of a summer retreat during with no action is taken.

(b)    Special Meetings

(i)    The President may call additional meetings, “Special Meetings,” as needed consistent with the SBA Constitution and SBA Rules and Procedures.

(c)    Emergency Meetings

(i)    Any three SBA Governing Board members may request, and the President shall convene, an “Emergency Meeting” of the SBA Governing Board for any reason but must include a brief explanation of the purpose of the meeting with their request including any resolutions, that will be voted, consistent with the SBA Constitution and SBA Rules and Procedures.

9.02        Notification of Meetings

(a)    The time and location of all “Regular Meetings” must be announced to the SBA Governing Board and Student Members of SBA through the regular notification method used by Capital University Law School and SBA no less than Twenty-One (21) days before the meeting.

(b)    The time and location of all “Special Meetings” must be announced to the SBA Governing Board and Student Members of SBA through the regular notification method used by Capital University Law School and SBA no less than Seven (7) days before the meeting.

(c)    The time and location of all “Emergency Meetings” must be announced to the SBA Governing Board and Student Members of SBA through the regular notification method used by Capital University Law School and SBA as soon as possible but in no event less than Forty-Eight (48) hours before the meeting.

9.03        Location of Meetings

(a)    Meeting may take place at any physical location easily accessible by the SBA Governing Board Members, SBA Student Members, and Law School Community Members. The Law School Campus is the preferred location for all physical meetings.

(b)    Meetings may also take place electronically through a means which, at the minimum, permits real time audio communication between all meeting participants. 

9.04        Open Meeting Requirement

(a)    All meetings shall be considered open meeting and open to SBA Student Members and all other members of the Capital University Law School community.

(b)    The SBA Governing Board may hold an executive session closed to SBA Student Members and other community members only after two-thirds (2/3) of a quorum of the SBA Governing Board Members determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:

             (i)    Personnel matters when particularly named in motion; or

           (ii)    Matters required to be kept confidential.

(c)    The SBA Governing Board may not vote on resolutions or take other action on behalf of SBA while in executive session, except for action to approve or reject a resolution recommending sanctions of a SBA Governing Board or Committee member.

(d)    The SBA Governing Board may only hold an executive session at a regular or special meeting, and a meeting that includes an executive session must always begin and end in an open session.

(e)    An effort should be made to reserve topics which require executive session until the end of open meetings.

(f)     During all Governing Board Meetings there shall be a period designated to receive comments or other statements from SBA Student Members. Such a period shall be made to provide an opportunity for SBA Student Members to make comments prior to the SBA Governing Board taking a vote on a resolution or other action which would be of interest to the SBA Student Members. 

9.05        Rules of Order

(a)    The President shall preside over all SBA Governing Board Meetings. In the absence of the President, the Secretary shall preside over all SBA Governing Board Meetings.

(b)    Meetings shall be conducted in accordance with Rules of Order adopted by the SBA Governing Board by a simple majority vote as interpreted by the presiding officer or, when such a position exists, the presiding officer in conjunction with the parliamentarian and consistent with the SBA Constitution, and SBA Rules and Procedure. In the event the SBA Governing Board has not adopted independent Rules of Order meetings shall be conducted with reference to the most recent edition of Robert’s Rules of Order Newly Revised as interpreted by the presiding officer and consistent with the SBA Constitution, and SBA Rules and Procedure. 

(c)    The SBA Governing Board may, with two-thirds (2/3) approval, suspend a portion of the Rules of Order for a period lasting not more than one meeting.

(d)    The President may, at their discretion, nominate a SBA Governing Board Member or SBA Student Member with a confirmation by a majority vote of the SBA Governing Board to serve as a parliamentarian to advise the President and assist in the interpretation of the rules of order. 

9.06        Meeting Agendas

(a)    Prior to every meeting of the SBA Governing Board the Secretary shall organize the meeting agenda with the consultation of the President and SBA Governing Board Members.

(b)    No less than twenty-four (24) hours before every meeting of the SBA Governing Board the Secretary shall distribute the agenda of the meeting, including any resolutions, reports, or other documents, to the SBA Governing Board and SBA Student Members through the regular notification method used by Capital University Law School and the SBA Governing Board.

9.07        Meeting Minutes

(a)    Having taken minutes of the SBA Governing Board Meeting, the Secretary shall, within three (3) business days, distribute minutes to the SBA Governing Board and make them available to SBA Student Members.

9.08        Quorum

(a)    At any meeting of the Governing Board, there must be a quorum present to pass resolutions, or to take any action on behalf of the SBA.

 (i)    A quorum shall consist of fifty percent (50%) plus one (1) of the current Governing Board members.

(ii)    In the absence of a quorum, members present are limited to adjournment to a day certain, act as a committee to make recommendations to the full board, hear reports, and record the attendance of Governing Board members.

9.09        Voting

(a)    SBA Governing Board Members may abstain from a vote due to an actual or perceived conflict of interest and have their voted counted as an abstention.

(i)    A SBA Governing Board Member has a conflict of interest, personal or professional, with any matter being decided if such a conflict is determined to exist either by the abstaining member, or when raised, with specificity, by another voting member at any time prior to the final vote.

(ii)    This is not a requirement that the member abstain, but it calls into question the validity of the member’s vote for later discussion.

(iii)    A member who possesses and actual or perceived conflict of interest shall inform the Governing Board of such an interest prior to voting on, or abstaining from a vote on, the issue. 

(b)    The President shall only vote in the case of a tie or secret ballot during Governing Board meetings.

(c)    All votes shall be made and recorded consistent with the Rules of Order as outlined in this Chapter.

(d)    In exigent circumstances when a meeting of the SBA Governing Board cannot be called and the action cannot be completed by a committee of SBA without the SBA Governing Board’s approval, the President may request a vote of the SBA Governing Board by electronic or other means outside of a meeting of the SBA Governing Board, provided prompt notice of the action taken is provided to the Student Members.

(i)    In no event should this procedure be used for any action by the SBA Governing Board relating to the amendment of the SBA Constitution, or SBA Rules and Procedures, or relating to the issuing of sanctions against a SBA Governing Board or Committee Member. 

(e)    Any member of the Governing Board may move and obtain a roll-call vote of any matter being voted on, including motions to amend or table a motion on the floor, when any other member seconds that motion.

(f)     The President shall have the power to veto any resolution passed by the Governing Board.

(i)    The President may only exercise a veto within five days of the resolution or bylaw passage.

(ii)    If the President does not exercise a veto within such time, the President will be deemed to have consented to the passage and must sign the same.

(g)    The President and Secretary must immediately sign any resolution passed by the Governing Board that the President does not veto.

(h)    The Governing Board shall have the power to override the veto of the President at the next regular meeting of the Governing Board following the presentation of the President’s written veto.

(i)    A two-thirds (2/3) majority roll-call vote is required to override the veto.

(ii)    All members of the Governing Board, except the President, are empowered to vote to override the veto.

9.10        Proxies

(a)    Any SBA Governing Board member may designate an individual to attend meetings and vote on their behalf.

(b)    SBA Governing Board members using a proxy must submit to the Secretary a summary of their positions on issues to be discussed at the meeting and their intended votes at least twelve (12) hours prior to the scheduled start of each meeting.

(c)    A proxy cannot be another Governing Board member.

(d)    A proxy may not attend an executive session of the Governing Board without prior approval of the President.  

CHAPTER 10 - RESOLUTIONS

10.01     General Rules

(a)    Any SBA Governing Board Member may submit a resolution at any Governing Board meeting.

(b)    All resolutions must be in writing and submitted to the Secretary no less than forty-eight (48) hours before the Governing Board meeting where a vote will be taken on the matter.

(c)    Unless otherwise specified in the SBA Constitution or SBA Rules and Procedures a resolution shall be considered adopted if approved by simple majority of the Governing Board Members.

(d)    All resolutions shall be formatted consistent with the sample resolution attached hereto and incorporated herein as Appendix 1 and available from the Secretary. 

CHAPTER 11 - EXTERNAL COMMITTEES

11.01     Appointment Process

(a)    Where there are student seats on committees created by the faculty, the President shall, with confirmation by a majority vote of the SBA Governing Board appoint from the SBA Student Members or SBA Governing Board Members who are in good standing as defined by the SBA Rules and Procedures. 

(b)    The President shall, upon assuming office, request a list of all committee seats requiring appointment by the SBA from the law school administration. 

(c)    At the first Regular Governing Board meeting convened by the new President during the fall semester, a resolution containing a list of appointees shall be submitted for confirmation. 

(d)    The President shall submit approved appointees to the administration for addition to the committee mailing lists.

(e)    Appointments shall be for the remainder of the academic year in which the appointment is made unless the committee member is removed by the committee or the SBA Governing Board under the procedures set forth in the SBA Rules and Procedures. 

11.02     Duties of Students Appointed to External Committees

(a)    SBA Student Members or SBA Governing Board Members accepting appointments have a duty to assertively and faithfully represent the interests of the student body.

(b)    Where confidentiality is implicated, careful attention must be paid to protect students’ rights.

(c)    A reporter must be selected from the External Committee Members for each committee who shall create a report for every meeting of their external committee. The report must be filed with the Secretary at least forty-eight (48) hours prior to the next SBA Governing Board meeting following the external committee meeting. The External Committee Members of each committee may determine how to select the reporter. 

(d)    External Committee Members have a duty to inform the SBA Governing Board of changes in the Honor Code and attrition enforcement policies, and trends in attrition and Honor Code violations so these changes and trends can be communicated to the SBA Student Members and law school community.

(e)    To ensure the protection of students’ rights, reports from the Honor Code committee, Admissions/Readmissions committee, or other committees which deal with confidential or sensitive information shall be submitted to the faculty chair of the respective committee for approval prior to submission to the SBA Governing Board.

(f)     External Committee Members are expected to abide by and are bound by the requirements and rules provided in the SBA Rules and Procedures. 

(g)    All External Committee Members shall remain in “good standing” as defined in these Rules and Procedures while serving as an external committee member.

11.03      Automatic Removal of External Committee Members

(a)    Any External Committee Member who becomes ineligible under Chapter 11.03(g) shall be automatically removed from their committee appointment.

(b)    Any External Committee 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.

CHAPTER 12 - INTERNAL COMMITTEES

12.01     Creation and Dissolution of Committees

(a)    Internal Committees may be created by a resolution approved by a majority vote of the Governing Board or during amendment to these Rules and Procedures.

(i)    Committees created by resolution shall be appended to these Rules and Procedures as an exhibit, but such exhibits are not considered part of these Rules and Procedures unless a formal amendment consisted with the procedures of these Rules and Procedures occurs.

(ii)     Whenever an amendment to these Rules and Procedures is considered and effort should be made to add any resolution created committees to these Rules and Procedures. 

(b)    Internal Committees created by resolution may be dissolved by a resolution approved by a majority vote of the Governing Board. Internal Committees created through amendment to these Rules and Procedures may be dissolved only through amendment to these Rules and Procedures.

12.02     Appointment Process

(a)    Internal Committee chairs and members shall be appointed from the SBA Student Members or SBA Governing Board members who are in good standing as defined by the SBA Rules and Procedures by the President and with confirmation by majority vote of the Governing Board unless the makeup of the committee is otherwise prescribed by the SBA Constitution or SBA Rules and Procedures.

(b)    The President shall, at the first regular Governing Board meeting convened by the new President, submit a resolution containing a list of appointees to the SBA Governing Board for approval.

(c)    When a committee is chaired by a SBA Governing Board member as required by the SBA Rules and Procedures, the President should consult with the SBA Governing Board member in making committee appointments.

(d)    Appointments shall be for the remainder of the academic year in which the appointment is made.

12.03     Makeup of Committees

(a)    Each Internal Committee shall have a chair appointed by the SBA President or defined by the SBA Rules and Procedures.

(b)    Each Internal Committee shall have a minimum of three (3) members in addition to the committee chair.

(c)    The maximum number of committee members is at the discretion of the SBA President; however, care should be taken to ensure the committee is able to efficiently execute its duties.

12.04     Duties of Internal Committee Members

(a)    All individuals appointed to an internal committee shall attend all committee meetings scheduled by the committee chair.

(b)    All individuals appointed to an internal committee shall perform all duties required of the position to which they are appointed.

(c)    All individuals appointed to an internal committee shall abide by and are bound by the SBA Rules and Procedures.

(d)    All internal committee members shall remain in “good standing” as defined in these Rules and Procedures while serving as an internal committee member.

12.05     Automatic Removal of Internal Committee Members

(a)    Any Internal Committee Member who becomes ineligible under Chapter 12.04(d) shall be automatically removed from their committee appointment.

(b)    Any Internal Committee 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.

12.06     Duties of Internal Committee Chairpersons

(a)    The Internal Committee Chairperson may schedule meetings of their committee as needed to effectuate the duties of their committee.

(b)    The chair of each internal committee must file a report of committee activities with the Secretary at least forty-eight (48) hours prior to each Regular SBA Governing Board meeting. 

12.07     Standing Internal Committees

(a)    The following committees are standing committees and the chairs of each shall be appointed every year or at vacancies: 

(i)    Executive Committee

(ii)    Budget Committee 

(iii)    Diversity, Equity, and Inclusion (DEI) Committee

(iv)    Communication Committee

(v)    Elections Committee

(vi)    Rules Committee 

(vii)    Activities Committee 

(viii)    Professional Development Committee 

(ix)    Community Service Committee 

(x)    Alumni Relations Committee

(xi)    Barristers Ball Committee 

(xii)    Graduate and Professional Law Programs Committee 

(xiii)    Parking and Facilities Committee

12.08     Executive Committee

(a)    The purpose of the Executive Committee shall be to work to achieve the SBA’s goals, including being directly involved with the planning and execution of projects, activities, and events of SBA, advise the President on how to address broad issues related to SBA, and assign student grievances and issues to the pertinent SBA committee or external committee representative.

(b)    The Executive Committee shall be comprised of the President acting as chairperson, Full-Time Vice President, Part-Time Vice President, Treasurer, Secretary, DEI Officer, as well as any other SBA Student Members or SBA Governing Board Members appointed consistent with this chapter.

(c)    The Executive Committee shall have the authority to use funds from those designated as discretionary funds by a majority vote of the Executive Committee.

(i)    The Executive Committee shall submit a Budget Request Form requesting the amount of funds to be designated a discretionary to the Budget Committee for approval by the Budget Committee and Governing Board in accordance with the Budget Committee’s regular process for reviewing and approving such request at the beginning of each semester and as needed to designate the Executive Committee’s discretionary funds for the semester.

(ii)    When discretionary funds are used, the amount used and the manner in which the discretionary funds were used shall be reported to the governing body at the next Governing Board meeting.

12.09     Budget Committee

(a)    The purpose of the Budget Committee shall be to work closely with the SBA Treasurer to develop goals and implement strategies that help raise funds for SBA and distribute SBA funds in a way which advances SBA’s mission and goals.

(b)    The Budget Committee shall have the sole authority to submit resolutions for the use of SBA funds to the SBA Governing Board.

(c)    Requests to utilize SBA funds for an event, the purchase of an item, a financial contract, or any other use must be submitted to the Budget Committee using the “Budget Request Form” created and made available by the Budget Committee no less than seven (7) days before the SBA Governing Board meeting where a vote on the use of funding will take place.

(d)    Within a reasonable time after receiving a completed Budget Request Form, the Budget Committee shall meet and review the Budget Request Form using the following process:

(i)    At the Committee meeting, the Committee shall hear any testimony, and decide which requests constitute the best use of SBA funds.

(ii)    The Committee shall review all funding requests except for discretionary funding by the Executive Committee Consistent with these Rules and Procedures.

(iii)    The budget committee shall review each request considering the following factors:

1)      Applicability to the law student population.

2)      Appropriateness to the educational mission of Capital University Law School.

3)      Consideration of the public image of the Law School, and Capital University at-large.

4)      Contracts cannot be made that will exceed the current fiscal year’s budget.

5)      Contracts cannot be made for multiple year projects.

(iv)    The Committee reserves the right to contact any collaborative organization involved with funding requests.

(v)    The Committee reserves the right to approve, deny, or request amendments and clarification to a budget request.

(vi)    The Committee shall memorialize their funding decisions into a resolution which included the Budget Request Form attached as an appendix and then present that resolution to the entire SBA Governing Board.

(vii)    The resolution must pass the budget committee by a simple majority for funding under $250 and two-thirds (2/3) majority for any funding requested above this amount.

(viii)    The Treasurer has twenty-four (24) hours to notify the funding requester of action taken on their request. The funding requester then has twenty-four (24) hours to reply if amendments or clarification is requested.

(ix)    Upon approval by the Budget Committee, the Treasurer shall submit the resolution to the SBA Governing Board for a vote at the next meeting.

(x)    The SBA Governing Board shall not have the authority to amend the amount of funding approved by the Budget Committee but solely may approve or reject the resolution. 

(e)    The Treasurer shall select at least two (2) members of the Budget Committee or SBA Governing Board to attend all fundraisers in order to count and maintain the funds raised.

(f)     The Budget Committee shall oversee the SBA Textbook Rental program. 

12.10     Diversity, Equity, and Inclusion (DEI) Committee

(a)    The purpose of the DEI Committee is to promote an inclusive and equitable environment for students, faculty, and staff where underserved, historically excluded, and minoritized populations are prioritized, encouraged, advanced, and supported in such a way that they have ample opportunity to achieve their full potential and to encourage the inclusion and involvement of people from a range of different social and ethnic groups including, but not limited to different races, colors, ethnicities, religions, national origins, gender identities or expressions, sexual orientations, ages, disabilities, military statuses or student statuses through coordinating and planning events to address DEI topics impacting Capital University Law School, the community, and the legal profession.

(i)    SBA defines “Diversity” as the practice of actively including or involving people from a range of different social and ethnic backgrounds.

(ii)    SBA defines “Equity” as the practice of recognizing and acknowledging that each person has different circumstances, and that each person has different needs necessary to have equal resources and opportunities.

(iii)    SBA defines “Inclusion” as the practice or policy of providing equal access to opportunities and resources for people who might otherwise be excluded or marginalized. 

(b)    The DEI Committee is tasked with coordinating with the Associate Dean of DEI to brainstorm, create and execute DEI opportunities for students of the law school.

(c)    The DEI Committee shall ensure that all SBA Governing Board and Committee Members are cognizant of all DEI practices they can collectively apply as a group.

(d)    The DEI Committee shall develop and identify resources related to DEI to assist in the development of DEI strategies and learning outcomes throughout the Law School Community. 

(e)    The DEI Committee shall, at least once per semester, work with other SBA Committees and SBA Governing Board members to organize and sponsor programming specifically targeting and enhancing diversity, equity, and inclusion at Capital University Law School. 

(f)     The DEI Committee must coordinate with all other SBA Committees on overlapping events where possible.

12.11     Communications Committee

(a)    The purpose of the Communications Committee shall be to coordinate and oversee the communications of the SBA Governing Board with the SBA Student Members and Law School Community.

(b)     The Communications Committee shall maintain the SBA email account and notify the Governing Board of significant correspondence as well as email the SBA Student Members with any notable news from the Governing Board, or as instructed by the Governing Board.

(c)    The Communications Committee shall maintain any and all SBA Social Media Accounts or other web presences.

(d)    The Communications Committee shall coordinate with SBA Governing Board Members, SBA Internal Committees, and SBA External Committee to ensure proper and timely notice of events, announcements, and other relevant information is provided to relevant stakeholders. 

12.12     Elections Committee

(a)    The purpose of the Elections Committee shall be to oversee the First- Year Representative election, the General Spring Election, and any special election required under the SBA Constitution, SBA Rules and Procedure, or Resolutions in accordance with the procedures set forth in the SBA Constitution, SBA Rules and Procedures, and Resolutions.

(b)    The committee shall be comprised of all SBA Governing Board Members who are in their final year at Capital University Law School and ineligible for any elected position.

(c)    If additional members are needed, the existing members of the Elections Committee may appoint additional Student Members of SBA who are in their final year at Capital University Law School and ineligible for any elected position to the committee by a simple majority vote.

(d)    The committee shall select from among its members a chairperson by a simple majority vote.

(e)    The Elections Committee shall maintain a record of resources and materials accumulated during the year that can be passed onto the next year’s committee.

(f)     The Elections Committee shall have the power to enforce the SBA Election and Campaigning Rules and Procedure. 

12.13     Rules Committee

(a)    The purpose of the Rules Committee shall be to analyze and evaluate the SBA Constitution and SBA Rules and Procedure for effectiveness and efficiency considering the Goals of SBA, goals of the SBA Governing Board, and the goals of Capital University Law School.

(b)    The Rules Committee shall, in conjunction with the Secretary, be the custodian of the SBA Constitution and SBA Rules and Procedure and responsible for ensuring each are current and reflect any and all amendments adopted in accordance with the procedures set forth in the SBA Constitution or SBA Rules and Procedures.

(c)    The Rules Committee shall have the authority to issue formal and informal statements on the meaning of the Constitution and the SBA Rules and Procedures. Formal statements can be included as comments to the respective document.

(i)    In making interpretative statement the Rules Committee shall use the black letter rules of SBA Constitution and SBA Rules and Procedures, prior resolutions, and prior Rules Committee rulings in order to guide their interpretation of the SBA Constitution or SBA Rules and Procedures. 

(d)    The Rules Committee shall, at least once in the fall and spring semesters, furnish the SBA Governing Board with a report of sections within the SBA Constitution and SBA Rules and Procedure for possible amendment.

(e)    The Rules Committee shall be responsible for reviewing and evaluating any suggestions for amendment to the SBA Constitution or SBA Rules and Procedures submitted by a SBA Student Member and issuing a report to the Governing Board as to the appropriateness of the amendment.

(f)     The Rules Committee shall have the authority to review all resolutions for amendment to the SBA Constitution or SBA Rules and Procedures prior to the resolution being submitted to the SBA Governing Board for debate and voting.  

12.14     Activities Committee

(a)    The purpose of the Activities Committee shall be to plan and execute events sponsored by the SBA including, but not limited to, Bar Review, Commencement, Dean’s Picnic, and other SBA affiliated events.

(b)    The Activities Committee must coordinate with all other SBA Committees on overlapping events when possible.

12.15     Professional Development Committee

(a)    The purpose of the Professional Development Committee shall be to liaise with the Office of Professional Development, to promote professional development opportunities for Capital University Law School students. The Professional Development Committee shall also work to liaise between the various bar associations and the Capital University Law School student body, including the recruitment and engagement of students.

(b)    Members of this committee are tasked with coordinating with the Office of Professional Development to brainstorm, create and execute networking and professional development opportunities for students of the law school. 

(c)    The Professional Development Committee shall include members assigned to act as liaisons assigned to the American Bar Association, the Columbus Bar Association, and the Ohio State Bar Association.

(i)    The American Bar Association liaison shall be appointed from the SBA Student Members or SBA Governing Board members who are in good standing as defined by the SBA Rules and Procedures by the President and with confirmation by majority vote of the Governing Board.

1)      The American Bar Association liaison shall also be a voting delegate in the ABA Law Student Assembly.

(ii)    All other liaisons shall be selected by a majority vote of the Professional Development Committee 

(d)    The Professional Development Committee shall encourage SBA Governing Board members to participate in the American Bar Association’s Student Division, including its elected governing positions and disseminate information on how members can participate.

12.16     Community Service Committee

(a)    The purpose of the Community Service Committee shall be to coordinate and plan events to raise awareness of Capital University Law School in the local community, including supporting teams in sporting or competitive events, organizing charitable community involvement, and garnering support from students and faculty for community involvement.  

(b)    The Community Service Committee shall coordinate with all other SBA Committees where possible. 

12.17     Alumni Relations Committee

(a)    The purpose of the Alumni Relations Committee shall be to coordinate with the Capital University Law School Alumni Relations Department, Office of Professional Development, and other relevant Capital University Law School officials to support events and ideas related to the school’s alumni network and involvement therewith.

12.18     Barristers Ball Committee

(a)    The purpose of the Barristers Ball Committee shall be to plan and execute the annual Barristers Ball. 

(b)    The Committee members shall be the President, Activities Committee Chairperson, both Vice Presidents, the Treasurer, and any other SBA Governing Board or SBA Student Member nominated consistent with the SBA Rules and Procedures.

(c)    The Chair of the Committee shall be selected by the President in accordance with the SBA Rules and Procedures 

12.19     Graduate and Professional Law Programs Committee

(a)    The purpose of the Graduate and Professional Law Program Committee shall be to liaise with the Assistant Dean of Graduate and Professional Law Programs to promote the relationship between the Juris Doctor program and other Graduate and Professional Law Programs at Capital University Law School. 

12.20     Parking and Facilities Committee

(a)    The purpose of the Parking and Facilities Committee shall be to coordinate with Capital University Law School, Capital University Main Campus, and other relevant stakeholders to support developments and changes related to parking and other campus facilities. 

12.21     Ad-Hoc Committees

(a)    The President may, at their discretion, create ad-hoc committees to quickly address time sensitive issues and concerns that face the SBA Student Members and Capital University Law School. Whenever possible the President should create a committee by resolution instead of an ad-hoc committee under this section.

(b)    To create an ad-hoc committee, the President must gain consent from at least two (2) other SBA Governing Board Members. 

(c)    Committee members may be appointed to the committee by the President with a confirmation by one (1) other SBA Governing Board Member.

(d)    The President shall chair any ad-hoc committees.

(e)     The President, having created an ad-hoc committee, shall, no less than forty-eight (48) hours before the next regular SBA Governing Board meeting, prepare and submit to the Secretary a report detailing: 

(i)    The ad-hoc committee created, including the Governing Board Members who consented to the creation of the committee, 

(ii)    The issues or concerns the committee is expected to address, 

(iii)    The members appointed to the committee, including the Governing Board Member who confirmed the appointment,

(iv)    The expected lifespan of the committee

(f)     Once created the ad-hoc committee shall be required to present regular reports to the SBA Governing Board as internal committees are required.

(g)    The ad-hoc committee shall only last for one semester but may be renewed by majority vote of the SBA.

CHAPTER 13 - PRESIDENT’S COUNCIL

13.01     Purpose

(a)    The purpose of the President’s Council is to provide the SBA Governing Board with additional insight into the needs of the students of Capital University Law School from a Student Organization perspective.

13.02     Makeup

(a)    The President’s Council shall be made up of the President, or similar position, from each of the student organization recognized and sanctioned by Capital University Law School.

(b)    Organizations are invited to participate in the President’s Council but are not required to participate and a decision to not participate shall not be viewed negatively in any way by SBA, the Law School Administration, or the Law School Community.

(c)    Members of the President’s Council shall not be considered part of the SBA Governing Board or SBA Committee members and are not bound by the SBA Constitution or SBA Rules and Procedures because of their position on the President’s Council. 

13.03     Meetings

(a)    The President of SBA shall organize no less than two (2) meetings of the President’s Council in the Fall and Spring academic semesters.

(b)    Meetings shall be informal in nature and provide an opportunity for President’s Council members to express issues and concerns relating to the Law School and SBA to the SBA Executive Committee and Governing Board.

13.04      Reporting of Meetings

(a)    At the next regular SBA Governing Board meeting after a meeting of the President’s Council, the President, shall report to the Governing Board any information learned from the President’s Council.

CHAPTER 14 - CONDUCT AND SANCTIONS

14.01     Expectations for the Conduct of SBA Governing Board and Committee Members

(a)    All SBA Governing Board Members and Committee Members are expected to abide by the rules and requirement contained within the SBA Constitution and SBA Rules and Procedures.

(b)    All SBA Governing Board Members and Committee Members are expected to abide by and uphold the principles of Capital University Law School’s Honor Code.

(c)    All SBA Governing Board Members and Committee Members are expected to represent SBA and Capital University Law School in a professional manner consistent with the standards of the legal profession.

(d)    All SBA Governing Board Members and Committee Members shall remain in “good standing” as defined in this chapter for their respective position.

(e)    No person shall hold any two SBA Governing Board positions during the same term. 

14.02      Good Standing for SBA Governing Board Members

(a)    Good standing for SBA Governing Board Members shall be defined as having a cumulative GPA at or above 2.5 and no disciplinary sanctions.

(b)    Pursuant to Capital University Law School’s Student Code of Conduct, good standing shall be self-governing for each member.

(c)    A Governing Board member shall recuse themselves from all SBA duties upon discovering that they are no longer in good standing.

(d)    By accepting a position with SBA, a student commits themselves to this section of the Rules and Procedure and shall act accordingly.

14.03     Good Standing for SBA Committee Members

(a)    Good standing for SBA Committee Members shall be defined as having a cumulative GPA at or above 2.3 and no disciplinary sanctions.

(b)    Pursuant to Capital University Law School’s Student Code of Conduct, good standing shall be self-governing for each member.

(c)    A committee member shall recuse themselves from all SBA and or committee duties upon discovering that they are no longer in good standing.

(d)    By accepting a position with or through SBA, a student commits themselves to this section of the Rules and Procedure and shall act accordingly.

14.04     Causes of Sanctions for SBA Governing Board and Committee Members

(a)    SBA Governing Board Members and Committee Members may be subject to sanctions for:

(i)    Violations of the Capital University Law School Honor Code.

(ii)    Violations of a valid contract entered into by SBA.

(iii)    Entering into a contract under SBA’s name without the consent of the SBA Governing Board.

(iv)    Gross or willful neglect of duty.

(v)    Conduct unbecoming of a Governing Board or Committee Member.

(vi)    Violation of a law school or university policy.

(vii)    Violation of a rule or requirement of the SBA Constitution or SBA Rules and Procedures.

(viii)    Repeated Absences which do not constitute automatic removal, but which impact the member’s ability to execute their duties.

(ix)    Other actions which negatively reflect on SBA, Capital University Law School, Capital University, or the legal profession. 

14.05     Complaints

(a)    Any SBA Student Member, SBA Governing Board Member, SBA Committee Member, Capital University Law School student who is not a SBA Student Member, or member of the Capital University Law School Faculty, Staff, or Administration may file a written formal complaint against any SBA Governing Board or Committee Member. 

(b)    Written Complaints should be submitted to the SBA President, or if appropriate the SBA Advisor, in a manner to ensure the confidentiality of the complaint.

(c)    Formal complaints need not be in any particular format but shall at a minimum contain:

(i)    The name and position of the SBA Governing Board or Committee Member the complaint is being filed against (hereinafter “Respondent”).

(ii)    Detailed reasoning for the complaint.

(iii)    A list of any witnesses.

(iv)    Details of any evidence.

(v)    The name and contact information of the person filing the complaint (hereinafter “Relator”).

1)      The Relator may request their identity remain confidential. If such a request is made the identity of the Relator shall not be disclosed by the receiver of the complaint except when necessary to make a referral to the Honor Code Committee.

14.06     Rights of Respondent

(a)    Any SBA Governing Board Member or Committee Member who may be subject to any sanctions shall at minimum have the following rights:

(i)    To be provided notice of the actual complaint against them.

(ii)    To be actually found in violation of the Constitution or Rules and Procedures.

(iii)    To have time dedicated to presenting evidence against the complaint.

(iv)    To be made aware of the most severe possible sanction.

(v)    To attend all hearings conducted in the course of investigating the complaint.

14.07     Complaint Review Procedure

(a)    Upon receiving the written complaint, the President shall convene the Executive Committee to within five business days to consider the complaint.

(b)    At the first meeting the Executive Committee shall establish a schedule for further meetings and hearings to investigate and evaluate the complaint. Absent extenuating circumstances, the committee shall conclude all meetings and hearings within ten business days of the first meeting.

(c)    Within twenty-four (24) hours of the adjournment of the first meeting of the executive committee the Executive Committee shall provide notice to the Respondent of the nature of the complaint, the Respondent’s rights under the SBA Constitution and SBA Rules and Procedures, and the committee’s schedule for further meetings and hearings.

(d)    During hearings, the executive committee shall review evidence, interview witnesses, and investigate the complaint affording the Respondent ample time to exercise their rights under the SBA Constitution and SBA Rules and Procedures. The Respondent shall have the right to attend all hearings.

(e)    During meetings the executive committee shall not hear new evidence, interview witnesses, or conduct investigations but may discuss evidence and testimony already in the records. The Respondent shall not attend meetings unless invited by the executive committee. 

(f)     After hearing all evidence, the executive committee shall hold a meeting to weigh the evidence and make a recommendation for sanctions. 

(g)    Upon a simple majority vote of the executive committee finding the Respondent guilty beyond reasonable doubt, the committee shall draft a resolution for sanctions which includes the charge against the Respondent, a summary of the evidence presented, the finding of the committee, and a recommendation for sanctions.

(h)    The executive committee shall present the Respondent with the resolution for sanctions within twenty-four (24) hours of the committee’s adoption of the resolution.

(i)     If the Executive Committee finds the Respondent not guilty, the committee shall prepare a report of its findings and present such a report to the Respondent within twenty-four (24) hours of the finding of not guilty.

14.08     Governing Board Review of a Resolution for Sanctions

(a)    Having received a resolution for sanctions from the executive committee the President shall at the next regular meeting if it occurs within 7 days of the receipt of the resolution or otherwise call a special meeting of the Governing Board to vote on the resolution.

(b)    At the meeting to discuss the resolution, a member of the executive committee shall provide a brief report of the evidence and findings of the committee and the committee’s recommended sanctions and should be prepared to answer questions from the Governing Board Members. The total time for the report and questions shall not exceed 20 minutes unless a separate motion for additional time is passed.

(c)    There shall be no debate as to the findings of the executive committee however Governing Board Members may make motions to reduce the sanction’s severity and debate of such motions is permissible.

(d)    Upon the conclusion of any debate an anonymous vote of the Governing Board shall be taken on the question of whether to adopt the resolution for sanctions including any adopted amendments and the resolution will pass with seventy-five percent (75%) of the vote of the Governing Board in favor of adoption.

(e)    The vote is final, and the sanction must take full effect by noon the following day.

14.09     Special Process for Complaints made to SBA Advisor

(a)    This section shall only apply to formal complaints issued directly to the SBA Advisor.

(b)    The SBA Advisor shall evaluate the complaint and determine if the complaint can be addressed by the SBA Executive Committee without undue bias or conflict of interest.

(c)    If the SBA Advisor determines the complaint can be fairly addressed by the SBA Executive Committee, the SBA Advisor shall forward the complaint to the SBA President or other relevant SBA Executive Committee member for handling in accordance with this chapter.

(d)    If the SBA Advisor determines the complaint cannot be fairly evaluated by the SBA Executive Committee the SBA Advisor shall independently evaluate the complaint using a process of their determination that respects the overall purpose of the Executive Committee process in this chapter and provides for the exercise of the Rights of the Respondents of this chapter.

(e)    The SBA Advisor, having reviewed the complaint and the evidence presented, shall, upon a finding of the Respondent guilty beyond a reasonable doubt, submit a recommendation for sanctions to the SBA Governing Board for further proceedings consistent with this chapter.

14.10     Process for Appeal of Automatic Removal

(a)    In the event a Governing Board Member who is automatically removed under the SBA Constitution or Committee Member is automatically removed under the SBA Rules and Procedures wishes to appeal the automatic removal, the removal shall be considered a complaint within this chapter and follow the process accordingly.

14.11     Sanctions

(a)    Sanction Resolutions may include one or more of the following sanctions ranked from least to most severe:

(i)    Private reprimand;

(ii)    Public reprimand;

(iii)    Suspension from the SBA position;

(iv)    Removal from committee membership; or

(v)    Removal from the SBA position.

1)      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 a subsequent election.

14.12     Recusals

(a)    Any Executive Committee Member who is implicated in the complaint as the Respondent, Relator, or a witness must recuse themselves from the compliant review process.

(b)    In the event an Executive Committee member recuses themselves from the complaint review process the highest-ranking remaining member shall appoint, with confirmation by a majority vote of the remaining Executive Committee, a SBA Student Member or SBA Governing Board Member to the committee for the limited purpose of reviewing the complaint under this chapter.

(c)    Any Governing Board Member who is implicated in the complaint as the Respondent or Relator shall recuse themselves from the resolution adoption process. Witnesses need not recuse themselves from the resolution adoption process.

14.13     Confidentiality

(a)    All participants in the complaint review and sanction adoption process shall make every effort to ensure the process remains confidential

(b)    In an effort to promote confidentiality all Executive Committee hearings and meetings as well as all Governing Board Meetings arising out of a complaint shall be closed to the public.

14.14     Referral to Honor Code Committee

(a)    If, during the course of the investigation by the Executive Committee, it is determined the Respondent likely violated the honor code, the Executive Committee shall report such findings to the Honor Code Committee. 

(b)    The Executive Committee may, at its discretion, postpone its investigation and recommendation until the conduct is investigated by the Honor Code Committee.

CHAPTER 15 - ELECTIONS AND CAMPAIGNING

15.01     Role of Elections Committee

(a)    The Elections Committee shall oversee the Election and Campaigning process consistent with the SBA Constitution and the SBA Rules and Procedures.

(b)    The Elections Committee shall publicly announce the official election results.

(c)    The Elections Committee shall not have any power or authority to remove votes from candidates or penalize candidates by taking away votes or invalidating their candidacy for any violation of the Election Rules and Procedure. 

15.02     Timing of Election

(a)    First-Year Representative shall take place during the fall semester prior to November 1st with the specific dates being selected by the Elections Committee. 

(b)    General Spring elections shall take place between March 1st and April 15th and shall be appropriately organized around Spring Break with the specific dates being selected by the Elections Committee.

(c)    Special Elections shall be scheduled as needed by the Elections Committee. 

(d)    For all elections polls shall be open on a Friday from 8 A.M. until 8 P.M. on the same day.

15.03     Application of Candidates

(a)    To apply to become a candidate for a SBA Governing Board position an individuals must meet the requirements to hold the position to which they are applying at the time of their application. These requirements include but are not limited to: being a member of the proper class and section; being in Good Standing as defined by the SBA Constitution and SBA Rules and Procedures; and not being prevented from holding a position due to previous sanctions under this or any other Chapter.

(b)    The Elections Committee shall hold information sessions at convenient times for both day and evening student prior to the opening of the application period to inform students of open positions within SBA, the application to be a candidate process, the rules of campaigning, and other relevant elections information.

(c)    SBA Student Member or SBA Governing Board Members who wish to become candidates for an elected position shall submit an application to the Elections Committee by a deadline established by the committee which shall be no later than two (2) weeks before the scheduled election.

(d)    Applicants shall not submit an application for more than one (1) elected position in any election. 

(e)    Applications to become a candidate may be in a form established by the Elections Committee and may contain reasonable requirements to ensure the applicant understands the elections and campaigning procedures as well as the requirements of the position to which they are applying, at a minimum the application form shall contain a requirement the applicant attest they are eligible for the position for which they are applying and understand and agree to abide by the rules of campaigning. 

(f)     The Elections Committee may compile a list of brief personal statements from the candidates and organize the publication of each candidate’s statements in a single release in order to inform the student body of the candidates’ stances and goals. 

(g)    Two or more people may campaign together as a party.

(i)    Those running as a party may discuss campaign plans beginning on the first day of Spring Semester, or in the case of first year students running for first year representative positions, the first day of fall semester.

(ii)    Any party conversations must not take place in public where those over hearing the conversation could be persuaded to vote in a particular way.

(iii)    Recruiting or attempting to recruit party members shall not be considered campaigning.

(iv)    In addition to individually applying to be a candidate, parties shall fill out a party declaration form, as provided by the Elections Committee and submitted back to the Election Committee prior to the deadline established to apply to be a candidate.

15.04     Certification of Candidates

(a)    After the deadline for application, the Elections Committee shall certify all applicants who submit a valid application to be a candidate and meet the minimum qualifications of their position as official candidates for the position for which the applicant applied.

(b)    The Elections Committee shall distribute to the SBA Student Members a listing of certified candidates including party affiliation and personal statements if such statements were collected.

(c)    Once the list of certified candidates has been distributed, all candidates shall abide by and are bound by all rules relating campaigning in this chapter.

15.05     General Rules of Campaigning

(a)    The campaigning period will begin no later than 12 A.M. on Monday prior to the opening of the polls.

(b)    Candidates may campaign from the start of the campaigning period through the close of the polls, and must cease campaigning immediately upon the close of the polls.

(c)    All candidates shall clean up and remove all campaign materials from public spaces within seventy-two (72) hours of the polls closing.

15.06     Permitted Media

(a)    Candidates may only use the following types of media for campaigning:

(i)    Personal Solicitation

(ii)    Flyers

(iii)    Buttons

(iv)    Stickers

(v)    Tee shirts

(vi)    In class verbal announcements (prior permission from the professor required).

(vii)    Social networking websites (i.e. Facebook, Twitter, etc.).

(viii)    Personal (non-Capital) Emails

(ix)    Self-designed web pages, provided that the web page conspicuously includes the following disclaimer:

1)      This website is maintained by a student of Capital University Law School who is campaigning for a position on the Student Bar Association. The views and opinions expressed on it are those of their author(s), who is (are) solely responsible for the Web page contents. These pages do not represent official positions or policies of Capital University Law School or its Student Bar Association. 

(x)    Any other reasonable means, provided that such means are approved by the Elections Committee and do not conflict with the rules of the Law School.

(b)    All campaign materials must be school appropriate and may not violate the rules of the Law School. 

15.07     Prohibited Media

(a)    Candidates are expressly prohibited from:

(i)    Using the law student organization list manager and/or an organization email account for campaigns or endorsements.

(ii)    Using reserved tables outside the commons for campaigning.

(iii)    Using any other table within the commons or elsewhere in the school for campaign purposes.

(iv)    Using food and/or beverage purchases for campaigning.

(v)    Other media the Elections Committee determines to be inappropriate for the election

15.08     Specific Requirements for Flyers

(a)    Any candidate running for any position may have their name affixed to a flyer for display in the law school consistent with this section.

(b)    Flyers shall not exceed 8.5” x 11”.

(c)    Candidates shall not leave flyers unattended on tables, desks, or otherwise, except as provided below.

(d)    Candidates may distribute flyers by hand while campaigning.

(e)    Up to two (2) flyers may be placed in each student mailbox per candidate.

(f)     When posting flyers, they may only be posted on designated bulletin boards or other locations approved for such posting by the Capital University Law School Administration.

(g)    All flyers must receive approval from the designated representative of the Capital University Law School Administration before being posted on any bulletin board.

(h)    A candidate shall place only one approved flyer on each of the designated bulletin boards or other location, even if the school permits a greater number to be posted to any board.

(i)     If the Law School has additional restrictions on flyers beyond those set forth within these Rules and Procedure, those restrictions must be followed and override these Rules and Procedure.

15.09     Debates

(a)    On the request of any Presidential Candidate, a Debate between Presidential Candidates shall be arranged by the Elections Committee.

(b)    The Elections Committee may hold debates between candidates for non- Presidential positions at the request of all candidates for that particular position.

(c)    The Elections Committee shall decide the date, time, and rules of all debates.

(d)    If the Elections Committee determines that an irreconcilable scheduling conflict exists between the candidates or with other campus events, any debate may be cancelled.

(e)    Notification of any debate shall be given as soon as practicable but in no event later than prior to the beginning of the campaigning.

(f)     Each candidate in any debate must be allocated equal amounts of speaking time, and that allocation shall be fair to all debaters.

15.10     Complaints and Violations

(a)    Any non-compliance with these regulations shall constitute a violation.

(b)    Any student, including an Elections Committee member or chairperson, may initiate a complaint of a campaign violation by submitting such complaint in writing or by email to the Elections Committee Chairperson anytime during the campaign period including up to twenty-four (24) hours after the notification of results.

(c)    Candidates are encouraged to communicate with other candidates professionally about any potential violations before filing a complaint with the Elections Committee Chairperson.

(d)    After receiving a complaint, the Elections Committee Chairperson shall notify the Elections Committee and provide the candidate upon whom the complaint was filed notice of the nature of the complaint within twenty-four (24) hours. 

(e)    The Elections Committee shall convene within 48 hours of receiving the complaint to investigate the validity of the complaint and make a determination as to such validity.

(i)    The candidate against whom the complaint was issued shall have a right to present evidence to the Elections Committee during the committee’s meeting prior to the committee making a determination as to the validity of the complaint.

(f)     If the Elections Committee finds the complaint to be valid the committee may impose any of the following penalties:

(i)    Referral to the Honor Code Committee.

(ii)    Private Reprimand.

(iii)    Public Reprimand.

(iv)    Suspension of Campaign Material Use.

(v)    Suspension of Campaigning indefinitely or for an allotted number of days.

(vi)    Any other Reasonable Remedy.

(g)    Upon making a determination as to the validity of the complaint and appropriate penalty, the elections committee shall within twelve (12) hours inform the affected candidate of the committee’s findings and file a report of the complaint, the committee’s findings, and the action taken by the committee with the SBA Executive Committee.

(h)    Ignorance of the rules shall not be a sustainable defense to a violation. 

15.11     Ballots

(a)    All Certified Candidates will be placed on the official ballot for the position sought by alphabetical order.

(b)    All candidates will be elected individually.

(c)    Party affiliation shall be designated by noting the party name in parentheticals next to the candidate’s name.

15.12     The Polls

(a)    Polling shall be conducted over a secure website approved by the Elections Committee or when circumstances require, as determined by the Elections Committee, by paper ballot.

(b)    Polls shall open and close according to SBA Constitution and the SBA Rules and Procedure.

(c)    All voting students will have their name checked against a law school roster and list of SBA Student Members in order to receive access to online balloting.

(d)    Each voting student may only cast one vote per open seat. If there are multiple open seats in one representative class (e.g., two open 1L full-time seats), then the voting student may vote for as many candidates as there are seats (e.g., two votes by a 1L full-time student for two 1L full-time candidates). However, the voting student may not vote multiple times for the same candidate.

(e)    Any knowing interference, hacking, or malfeasance with the voting mechanism or an individual student’s vote shall constitute a violation of these regulations and shall constitute a violation of the Law School Honor Code and shall be referred to the School’s Honor Code Committee.

15.13     Vote Counting and Certified Results

(a)    The Elections Committee shall tabulate the votes by 5pm on the Monday following the election.

(b)    Each candidate may designate one non-candidate representative to observe the vote tabulation after the polls are closed if an electronic system is not used. If an electronic system is used, then any candidate may request to view the electronic results on a computer monitor by making such a request within twenty-four (24) hours after results are announced via email to the Elections Committee Chairperson.

(c)    The Elections Committee will release the names of the “unofficial winners” to the candidates and to the law school when the results are available

(d)    Candidates have the right to request a re-count of the votes by making a request via email to the Elections Committee Chairperson within twenty-four (24) hours of the notification of the results if an electronic system is not used.

(e)    After the twenty-four (24) hour period to request a recount and make any election disputes concludes, the Elections Committee will certify the results. At such time, all “unofficial winners” will be deemed officially elected.

15.14     Campaign Financing

(a)    Candidates may not coordinate or solicit funds from any other person or organization.

(b)    An individual candidate participating in Student Bar Association elections may not spend more than $150 on their campaign.

(c)    Candidates raffling or giving away tickets or merchandise as incentives to voters must include the fair market value of those items in the total amount of their campaign expenditures.

(d)    Candidates must submit a document stating all campaign expenditures no later than seventy-two (72) hours after the release of the results. 

(e)    At the request of the Elections Committee candidates must provide an itemized list of all campaign expenditures and their receipts.

(f)     Failure of a candidate to abide by this section shall result in disqualification from the election and disqualification from running for any SBA Elected position or serving as a SBA Committee Member for the remainder of the academic year and the entirety of the subsequent academic year.   

15.15     Interpretation of Election Rules

(a)    The Elections Committee, after consulting with the Rules Committee, shall have the sole authority to interpret this chapter during an election cycle.

(b)    Any clarification to the campaign rules or Rules and Procedure made to one candidate shall be forwarded by the Elections Committee to all candidates without identifying information about the requestor.

CHAPTER 16 - TRADITIONS

16.01     Adopting a Tradition

(a)    Any customs, values, objects, and any culture that helps aid to strengthen the institution of SBA and is intended to be passed from generation to generation may be proposed as a resolution to adopt a tradition by any SBA Governing Board or SBA Student Member consistent with the standard process for the proposal of a resolution

(b)    A resolution to adopt a tradition needs two-thirds majority vote of the SBA Governing Board to pass.

16.02     Recording a Tradition

(a)    Any tradition adopted by the SBA Governing Board shall be recorded and maintained by the Secretary in a binder or similar compellation of such traditions.

16.03     Removing a Tradition

(a)    Removal of a tradition can occur by a resolution of such a removal adopted by three-fourths of the SBA Governing Board.

CHAPTER 17 - AMENDMENTS

17.01     Amendments to the SBA Rules and Procedures

(a)    Amendments of these SBA Rules and Procedures 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 Student Member to the Governing Board or committee designated by the Governing Board to handle such submissions.

(b)    A resolution to amend these SBA Rules and Procedures, which has been reviewed by the Rules Committee, shall be considered adopted if two-thirds (2/3) of the Governing Board votes in favor of adoption.