USF Student Bar Association

CONSTITUTION OF THE STUDENT BAR ASSOCIATION
UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW

ARTICLE I

NAME

This organization shall be known as the Student Bar Association of the University of San Francisco School of Law.

ARTICLE II

PURPOSE

The Student Bar Association of the University of San Francisco School of Law is organized to represent the Student Body, to promote the idea of professional responsibility, to achieve the betterment of the law student in their professional and social interests, and to coordinate activities for the students of the School of Law . The Student Bar Association shall not discriminate on the basis of race, national origin, religion, sexual orientation, gender, or handicap.

ARTICLE III

MEMBERSHIP

Section 1. Student Membership

All registered students at the University of San Francisco School of Law who are candidates for a degree are hereby members of this Association.

Section 2. Honorary Membership

Honorary membership may be conferred upon any person by the unanimous vote of the Board of Governors.

ARTICLE IV

BOARD OF GOVERNORS

Section 1. Powers

(a) The executive, legislative, and judicial powers of this Association are hereby invested in a representative body to be chosen in accordance with this Constitution. This body shall be known as the Board of Governors.

(b) The Board of Governors shall consist of an Executive Council and a General Council.

(c) The Board of Governors shall:
(1) Serve as the governing body of the Student Bar Association
(2) Enact such Bylaws and create such standing and special committees as the business of the Student Bar Association shall require.
(3) Assess Student Bar Association fees and receive approval for increases from the University Board of Trustees during the previous year.
(4) Allocate Association funds.
(5) Support, promote, and encourage the Association's goals and interests by the passage of resolutions.
(6) Support and supervise student organizations, and student office space.

Section 2. Executive Council

The Executive Council of the Board of Governors shall consist of the following five officers:

(a) President

(b) Vice President – Full-Time Division

(d) Treasurer

(e) Secretary

Section 3. General Council

(a) The General Council of the Board of Governors shall consist of the following Student Representatives:
(1) First Year: one Student Representative from each section (total of three)
(2) Second Year: two full-time and one part-time Student Representative from the second year class (total of three)
(3) Third and Fourth Year: two full-time and two part-time Representatives from the third and fourth year classes (total of four)
(4) LLM: one Student Representative from the LLM class (total of one)
(5) All other appointed Committee Chairs and members.

Section 4. Responsibilities

(a) The Student Bar Association President shall:
(1) Represent the interests of the Student Body to the University, the Law School Administration, Faculty, and others.
(2) Direct, supervise, and coordinate the Board of Governors.
(3) Supervise and recognize student organizations.
(4) Appoint students to the Graduation Committee, Faculty Committees and other ad hoc committees as necessary.
(5) Determine the annual budget with the Treasurer and other members of the Budget Committee. The President’s signature, along with the Treasurer’s signature, shall be required before any checks can be disbursed by the Student Bar Association.
(6) Perform those duties required for First Year Orientation.
(7) Maintain the Student Bar Association Office.
(8) Perform any other duties which arise which are consistent with this Constitution.

(b) The Student Bar Association Vice President – Full-Time Division shall:
(1) Assume the duties, authority, and responsibilities of the President where the President is absent or becomes unable or unwilling to serve as required by this Constitution.
(2) Represent the unique interests of full-time students.
(3) Organize, sell, and supervise student locker space.
(4) Plan and execute a fall cocktail party and a spring fling for the Student Body in conjunction with the Vice President Part-Time Division.
(5) Perform any other duties delegated by the President which are consistent with this Constitution.

(c) The Student Bar Association Vice President – Part-Time Division shall:
(1) Assume the duties, authority, and responsibilities of the President where the President and Vice President Full-Time Division are absent or become unable or unwilling to serve as required by this Constitution.
(2) Represent the unique interests of part-time students.
(3) Assist the Vice President Full-Time Division with the duties as listed in subsection (b); 3) & 4).
(4) Plan and execute a Fall Cocktail Party and a Spring Fling for the Student Body in conjunction with the Vice President Full-Time Division.
(5) Perform any other duties delegated by the President which are consistent with this Constitution.

(d) The Student Bar Association Treasurer shall:
(1) Assume the duties, authority, and responsibilities of the President where the President, Vice President Full-Time Division, and Vice President Part-Time Division are absent or become unable or unwilling to serve as required by this Constitution.
(2) Keep accurate accounting of the financial records of the Student Bar Association. All financial transactions shall be dutifully recorded and those records reconciled each month with our financial accounts.
(3) Regularly present an accurate report of the Student Bar Association’s finances.
(i) The Treasurer shall present an accurate, timely report of the Student Bar Associations finances each month to the Board of Governors.
(ii) This report shall accurately summarize income and expense transactions for that month, and also the annual income and expense transactions to date.
(iii) Upon request, the Treasurer shall furnish to any student a copy of a monthly or annual financial report.
(4)Determine each semester's budget as a member of the budget committee.
(i) The Treasurer shall appoint one student to serve with them on the Budget Committee.
(ii) Funds shall be allocated and disbursed consistent with guidelines approved by the Budget Committee.
(4) Request, in writing, from the Administrative Dean, that the University issue a check to the Student Bar Association.
(5) Perform any other duties delegated by the President that are consistent with this Constitution.
(6) Oversee disbursement and collection of monies for the Student Bar Association.
(i) The Treasurer shall have authority to administer the Student Bar Association’s bank accounts and other on-campus accounts along with the President.
(ii) The Treasurer shall be responsible for collecting and accounting for all monies collected on behalf of the Student Bar Association prior to depositing them into any of the Association’s bank or on-campus accounts.
(iii) The Treasurer’s signature, along with the President’s signature, shall be required before any checks can be disbursed by the Student Bar Association.

(e) The Student Bar Association Secretary shall:
(1) Assume the duties, authority, and responsibilities of the President where the Vice President Full-Time Division, Vice President Part-Time Division, and the Treasurer are absent or become unable or unwilling to serve as required by this Constitution.
(2) Record, collect, post, and maintain the official records of the Student Bar Association.
(3) Perform any other duties delegated by the President which are consistent with this Constitution.

(f) The Student Bar Association ABA Representative shall:
(1) Attend local, state and national ABA meetings and conferences in an effort to:
(i) Promote and represent the University of San Francisco School of Law among the wider legal community and
(ii) Make and maintain connections with other law school Student Bar Associations and coordinate efforts to collaborate with these groups.
(2) Report back to the SBA the events and opportunities presented by the current activities of local, state and national bar associations.
(3) Perform other duties as assigned by the President which are consistent with this Constitution.

(g) Student Bar Association Class Representatives shall:
(1) Assist the members of the Student Bar Association Executive Council as needed.
(2) Attend all meetings of the Board of Governors.
(3) Represent their class division to the Board of Governors.
(4) Inform their class divisions of Student Bar Association services, programs, and activities.
(5) Assist with Student Bar Association activities including, but not limited to, distributing the Newsletter, selling tickets, and staffing parties.
(6) Perform any other duties delegated by the President which are consistent with this Constitution.

Section 5. Allocation of Votes

(a) Every member of the Board of Governors shall have one vote at all Board of Governors Meetings. Every officer of the Executive Council shall have one vote at all Executive Council Meetings.

(b) In the event a member of the Board of Governors cannot attend a Board of Governors meeting, they may grant, in writing, a proxy to any member of the Board of Governors. The vote of a member holding a proxy shall then be counted twice.

Section 6. Eligibility

(a) Any member of the Student Bar Association in good academic standing (not on any form of academic probation at the time of election) is eligible to be elected or appointed as a member of the Board of Governors, excluding those members eligible for graduation before June of the school year for which the office would be held.

(b) All candidates must submit the signatures of twenty-five constituents in support of their candidacy for a particular office in addition to a form signed by the candidate attesting to their good academic standing to be confirmed with the Law Registrar exclusively by the President. “Write-in” candidates must satisfy these requirements before the voting begins.

(c) To be eligible for election as President, the candidate must be eligible for graduation at the end of the year in which the office would be held.

(d) To be eligible as Vice President – Full-Time Division, the candidate must be a Full-Time student at the time of election.

(e) To be eligible for election as Vice President – Part-Time Division, the candidate must be a Part-Time student at the time of election. If such a candidate intends to transfer to the Full-Time Program, such intent must be disclosed to the Student Body prior to the election.

(f) To be eligible for election as a Student Representative, the candidate must be a member of such class division.

(g) All elected or appointed members of the Board of Governors must be in good academic standing at all times while holding office (not on any form of academic probation).

Section 7. Elections

(a) Elections for new Officers and Student Representatives shall be conducted by the current Board of Governors at the beginning of the month of April of each school year.

(b) Election of the First Year Representatives shall be held not less than four weeks nor more than six weeks after the start of Fall Semester.

(c) The receipt of a plurality vote will determine which candidate will hold which position except for the office of President.

(d) The office of President will be held by the candidate elected by a majority. In the instance of no majority, a run-off election shall be held during the following week between the two candidates with the most votes.

(e) Ballots shall be counted as soon as possible following the final day of voting by a member of the then Board of Governors and a representative of the Law School Staff. The names of successful candidates shall be posted.

Section 8. Vacancies

(a) Vacancy in the General Council/Executive Board.
(i) If an Executive Board member vacates his/her position during the school term, the President may either:
(1) nominate an elected student representative, currently in the SBA, to fill that position; which must be ratified by a majority vote of the SBA Board as a whole OR
(2) if the President so deems necessary, they may call a special election in the Student Body, the winner to be determined by plurality.

(b) Vacancy for Student Body Representative.
(i)If a Student Body Representative vacates his/her position during the school term the SBA will actively engage in aggressive, school wide advertising for no less than one week, not to exceed two weeks, for potential candidates. Each candidate shall have a chance to present his/her credentials to the SBA Board. The SBA shall then elect the representative by plurality, in an anonymous vote.

Section 9. Term

(a) All members of the Board of Governors will serve a term of one year that shall commence at the end of the school year in which they were elected.

(b) An incumbent member is eligible for re-election and providing they meet the eligibility requirements, there is no limit upon the member as to the number of terms they may hold.

(c) All members of the Executive Council except the President shall have two semester's Student Bar Association fees reimbursed at the beginning of each semester of their term.

(d) All members of the General Council shall have one semester's Student Bar Association fee reimbursed at the beginning of the second semester of their term.

Section 10. Removal and Recall

(a) Upon written demand of one third total voting membership of the Board of Governors, the President shall conduct a hearing to consider the removal of a member for malfeasance, nonfeasance, or misfeasance in office.
(1)At a removal hearing, the member shall have the right to face the accusing members and to offer defenses to the charges against them. Following the hearing, upon affirmative vote of two thirds of the total voting membership of the Board of Governors, the charged member shall be deemed so removed.

(b) Upon written petition of 50% of a Board of Governors member's constituents, presented to the President, such member shall be subject to a recall election. The President shall within five school days call for a special election, to be held not less than ten nor more than fifteen school days after the call.
(1)The name of the incumbent shall be placed on a ballot and a majority vote of approval shall allow the member to continue their term. No member of the Board of Governors may be subject to recall before the expiration of thirty days from the assumption of duties.

Section 11. Budget

(a) The Budget Committee shall determine the amount of funds available to the Student Bar Association from the fees paid by the students to the University.
(1) The Budget Committee shall determine by majority vote the amount of funds that are to be distributed to student organizations.
(2) The remaining funds shall be allocated towards general Student Budget Association expenses (“general expenses”).
(3) The President shall determine how general expenses are to be allocated, subject to approval by a majority vote of the Budget Committee.

(b) A minimum amount of 5% of the budget shall be retained by the Student Bar Association account with the University for operation costs e.g. duplication, phone bills, supplies, and to cover unforeseen cost overruns.

(c) The Budget Committee shall determine a stipend to be granted to the Graduation Committee based on available funds. The stipend shall be given to the Graduation Committee at the beginning of the spring semester.

(d) In the event of a dispute between the President and the Treasurer over the disbursement or allocation of funds, the Budget Committee shall settle the matter by a majority vote.

ARTICLE V

MEETINGS

Section 1. General Meetings

(a) The Board of Governors shall hold regularly scheduled public meetings as needed, at least once a month during the regular school year. The President may schedule emergency and special meetings of the Board of Governors as necessary. Rules of conduct shall be determined by the President at the first meeting of the academic year.

(b) All Board of Governors members shall be required to attend all General Meetings. When a Board of Governors member misses two meetings without an excuse, the Board shall take a vote on whether such member shall be removed from the Board of Governors.

(c) An excused absence is where the member has notified the President by noon of the day before the meeting that the member cannot attend. Class conflict shall constitute an excused absence. Emergency situations shall be considered by the President, and may be excused.

Section 2. Executive Council Meetings

The President shall call Executive Council Meetings as needed during the school year. All Executive Council Officers shall be required to attend properly noticed Executive Council Meetings.

Section 3. Notice

Notice shall be given to all Board of Governors members at least one week prior to a General Meeting. Notice shall also be posted on the Student Bar Association calendar. Notice shall be given at least forty-eight hours prior to Special Meetings and Executive Council Meetings. Improper notice may be verbally waived.

Section 4. Quorum

A quorum shall be required for all Board of Governors and Executive Council votes. A quorum shall consist of a simple majority of voting members.

ARTICLE VI

STUDENT ORGANIZATIONS/COMMITTEES

Section 1. Authority

The Student Bar Association shall be an umbrella organization, which shall recognize and fund Law Student Organizations. All student organizations shall be ultimately responsible to the Student Bar Association.

Section 2. Purpose

Student organizations shall promote student's interest, provide forums for discourse, and dispense information to the Student Body.

Section 3. Requirements

(a) Every student organization must have a Constitution with the following minimum requirements on file with the Student Bar Association, updated as needed, in order to be recognized and receive Association funds.
(1) A statement of the purpose for the organization and how the organization will affect the Student Body as a whole,
(2) A list of what officers the organization shall have, and the respective roles within the organization
(3) An explanation of how and when the officers will be elected,
(4) Any membership requirements and reasons for the restrictions, AND
(5) What affiliations the organization has and what responsibilities the organization has to those affiliations.

(b) Every student organization must register with the University, following the guidelines required as set forth in the University's Statement on Student Rights and Freedoms , (1990-1991) Article III, Section 15, “Registration of a Student Group”.

(c) At no point shall any student organization supply a list of current members to any person or organization against the will of the members of the student organization.

(d) Every student organization shall abide by all applicable Student Bar Association standards and resolutions.

(e) No student organization shall be allowed to discriminate on the basis of race, national origin, religion, sexual orientation, gender, or handicap.

(f) Every student organization shall be required to post the date, time, and location of all general meetings for the Student Body.

(g) Every student organization shall spend allocated Association funds on functions which benefit the Student Body as a whole.

Section 4. Student Organization Budget’s

(a) Student organizations shall submit a request to the Budget Committee for available funds earmarked for student organizations consistent with the guidelines and procedures determined by the Budget Committee at the beginning of the semester.
(1) The Budget Committee shall determine the amount of funds allocated to each student group by a majority vote.
(2) The Treasurer shall deliver a report to the Senate itemizing the amount of funds requested by each student organization, and the final total allocated them.

(b) Student organizations shall be permitted and encouraged to obtain additional funds outside the Student Bar Association.

(c) Student organization auctions and dates of auctions must have prior approval of the Student Bar Association President, who shall not show preference for any student organization over another, with the possible exception of Student Bar Association activities or any Graduation Committee auction.

Section 5. Graduation Committee

(a) In April, the President-elect shall appoint a Graduation Committee Chair, to lead the following year's class Graduation Committee. Such students should as nearly as possible reflect the makeup of the graduating class which they represent.

(b) At the time of appointment, the President-elect shall determine the means by which the Committee and the chairperson shall be selected.

(c) All Graduation Committee members must be in good academic standing at the time of appointment and at all times while holding the position.

(d) Committee members shall be required to assist at the graduation ceremonies in the year of their appointment.

(e) The Committee, in conjunction with the Law School Administration, shall organize and raise funds for the graduation ceremonies of the year they are to graduate.

Section 6. Faculty Committees

(a) Student Representatives and Alternate Student Representatives shall be appointed to and serve on Faculty Committees as permitted by the U.S.F. Faculty Bylaws.

(b) All Appointed and Alternate Student Representatives to Faculty Committees must be in good academic standing at all times during the term of their appointment (not on any form of academic probation).

(c) The President shall solicit petitions from the Student Body during the first month of the academic year for the available positions.

(d) The President shall appoint Student and Alternate Representatives to Faculty Committees and such appointments shall be approved by the Executive Council.

Section 7. Ad Hoc Committees

The President shall solicit petitions from the Student Body and appoint members to such additional Committees as are approved by a majority of the Executive Council.

ARTICLE VII

REVOCATION

All prior Constitutions, Amendments thereto, and Bylaws thereof are hereby revoked and shall become null and void immediately upon adoption of this Constitution.

ARTICLE VIII

AMENDMENTS AND BYLAWS

Section 1. Amendments

(a) This Constitution may be amended by a 2/3 majority of those Association members voting in an Association-wide election.
(b) An Amendment may be initiated either by the Board of Governors or by petition of at least 100 Association members.
(c) Constitutional Amendments shall become effective ten days after they are ratified.

Section 2. Bylaws

The Board of Governors shall have the power by a 2/3 vote of its total membership to amend or promulgate the necessary Bylaws for this Constitution. Copies of all Bylaws adopted shall be attached to all copies of this Constitution.

PART 1: DEFINITIONS

1.10 Definitions
(a) A “referendum” is either a resolution or an initiative submitted for a vote by the entire membership of the Student Bar Association that meets the necessary petition requirements in section 2.13.
(b) A “resolution” is a referendum that can be composed of any subject matter, but is not or cannot be binding upon the SBA Board of Governors. A resolution is passed by a majority vote of the Student Bar Association members.
(c) An “initiative” is a referendum comprising only one topic that is made binding upon the SBA Board of Governors. An initiative becomes a binding act of legislation following a super majority vote by the student body.
(d) “Binding” as it pertains to initiatives shall only apply to the members of the SBA Board of Governors, not Student Groups. The term “binding” is defined as obligating the SBA Board of Governors to act within the scope of its power, and to the best of its abilities to enforce, enact, promote, and uphold the matter which is deemed “binding.”
(e) A “majority vote” is defined as comprising greater than 50% of the number of Student Bar Association members who voted in that particular election.
(f) A “super majority vote” is defined as comprising 60% or greater of the number of Student Bar Association members who voted in that particular election.
(e) Any undefined term in these bylaws shall be construed to have the same definition as that term does in the SBA Constitution.

PART TWO: REFERENDA

2.10. General Terms
(a) Any member of the Association may petition to submit a resolution or an initiative to a vote of the entire Student Bar Association.

2.11. Resolutions
(a) Any member of the Association may petition to submit a resolution containing a question or public matter to the vote of the entire Association.
(b) The subject matter of a resolution will be at the sole discretion of its proponents, so long as it is consistent with the language of the USF SBA Constitution.
(c) Resolutions shall be non-binding upon the Board of Governors and Association members.
(d) Resolutions shall be enacted by an affirmative majority vote.

2.12. Initiatives
(a) Any member of the Association may petition to submit an initiative to the vote of the entire Association.
(b) The subject matter of an initiative may only comprise one topic. Multiple initiatives comprising different topics may be submitted simultaneously for a vote by the entire Association. Initiatives may not be written such that they are inconsistent with the language of the USF SBA Constitution, and cannot amend that Constitution.
(c) If a question arises as to whether an initiative covers more than one topic or if it is consistent with the language of the USF SBA Constitution, the Board of Governors shall decide the matter by a majority vote after a petition is submitted pursuant to bylaw 2.13, but before a vote by all SBA members.
(d) Initiatives shall be binding only upon the members of the Board of Governors, not Student Groups.
(e) Once a vote on an initiative is held, an initiative containing the same subject matter or comprising the same topic as that initiative cannot be submitted to a vote of the entire Association until the next academic year.
(f) Initiatives can be enacted only by an affirmative super majority vote.

2.13. Referenda Petitions
(a) To qualify for the Association ballot, a referendum must contain the signatures of at least 100 members of the Association.
(b) The referendum petition must clearly state the full title and text of the referendum as it is to appear on the ballot on each page on which signatures are to appear. The petition must also state whether the referendum is a non-binding resolution or a binding initiative.
(c) The petition for a referendum must also clearly state on each page the name of each Association member sponsoring the referendum.
(d) Certification for the ballot. A referendum petition containing the signatures of at least 100 Association members shall be submitted to the Secretary of the Board of Governors for certification before it can be placed on the ballot.
(i) The Secretary will certify that at least 100 signatures on the petition are indeed true and correct signatures of current Association members within one week of receiving such petition.
(ii) If the petition has less than 100 certified signatures on it, then the Secretary shall return it to the sponsor, who can then resubmit the petition upon gathering the requisite number of signatures.

2.20. Elections
(a) A vote on a referendum shall be held the same semester as the semester in which the referendum petition was submitted to the Executive Secretary, unless it is submitted less than three weeks before the last day of classes before final exams, then a vote on that referendum shall be scheduled for the following semester.
(b) If a referendum petition is received more than one week prior to an election called in accordance with Article IV, Section 7, or Article IV, Section 8 of the USF SBA Constitution, that ballot containing that referendum shall be available to Association members at the same election.
(c) An election on a referendum must be held within six weeks of it being submitted by the Secretary of the Board of Governors, unless the referendum petition is received less than three weeks before the last day of classes before final exams, as per bylaw 2.20(a).
(d) Referenda on the ballot shall be numbered in consecutive integers.

ARTICLE IX

INTERPRETATION

Interpretation of the meaning of any clause, section, or article of this Constitution shall be by a majority vote of the Board of Governors.

ARTICLE XI

ADOPTION

This Constitution shall become operative when adopted by a majority of ballots cast at a general election to be held during September, 2005. All presently elected Officers and Representative of the existing Student Bar Association, its committees and appointments are to be considered unaffected by this adoption for the remainder of the present school year.