IN THIS SECTION

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Preamble

We, the students at the University of Denver College of Law, in order to further the academic, cultural, and social welfare of the students and to continue the ideals of the legal profession, do ordain and establish this Constitution for the University of Denver College of Law Student Bar Association. This organization adheres to the University of Denver’s Policy of nondiscrimination, which is as follows:

It is the policy of the University not to discriminate in the admission of students, in the provision of services, or in employment, on the basis of race, color, religion, sex, national origin, age, marital or veteran status, sexual orientation, or disability status; and to take appropriate affirmative action in connection therewith.

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Article 1: Name and Membership

  • Section 1
    The name of this organization shall be the “STUDENT BAR ASSOCIATION” (S.B.A.) of the University of Denver College of Law, henceforth referred to as the S.B.A. The S.B.A. of the University of Denver College of Law shall encompass the American Bar Association Law Student Division (A.B.A./L.S.D.), henceforth referred to as the A.B.A.
  • Section 2
    All registered students at the University of Denver College of Law shall be subject to the Code of Academic Conduct and shall be members of the S.B.A.
  • Section 3
    All members of the S.B.A. shall be required to pay a onetime membership fee upon matriculation to the College of Law.

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Article 2: Administration

  • Section 1
    All executive and legislative powers herein granted shall be vested in the S.B.A. Senate which shall be the representative body of the S.B.A., and henceforth referred to as the “Senate.”
  • Section 2: The Mission State of the Senate
    The mission of the Senate is to enhance and improve student life at the University of Denver College of Law by promoting educational, professional, and social development; representing the wants and needs of students to faculty, administration, and alumni.
  • Section 3
    The Senate shall be comprised of the following members:
    • Officers (The Executive Board)
      • President of the S.B.A.
      • First Vice-President of the S.B.A.
      • Second Vice-President of S.B.A.
      • S.B.A. Delegate to the A.B.A.
      • Treasurer of the S.B.A.
      • Secretary of the S.B.A.
    • Senators
      • Day Division Senators
        • Three (3) third-year Senators
        • Three (3) second-year Senators
        • Three (3) first-year Senators
      • Night Division Senators
        • One (1) fourth-year Senator
        • One (1) third-year Senator
        • One (1) second-year Senator
        • One (s) first-year Senator
      • Master of Science in Legal Administration Senator
        • One (1) M.S.L.A. Senator
    • Non-voting Ex-Officio Members
      • The Dean of the College of Law
      • The Associate Dean for Student Affairs

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Article 3: Powers and Duties

  • Section 1: Attendance
    All Senators and Officers are required to attend the meetings of the Senate. Excessive absences from announced meetings will result in a review by the executive board of the Senate. Upon their recommendation, a two-thirds vote of the Senate present will result in their expulsion from the Senate. All Senate members shall be required to participate in First-year Orientation.
  • Section 2: By-Laws
    The Senate shall have the power to enact or amend, through a two-thirds vote of the Senate, any by-laws and regulations it deems necessary or advisable to the proper functioning of the S.B.A. or the Senate. Any bylaw or regulation adopted under this Section will automatically expire upon the installation of the new Senate in the Spring Semester.
  • Section 3: General Powers
    The Senate shall have all powers necessary to carry out the purposes of the S.B.A. in accordance with this Constitution. All Officers and Senators shall have such powers and duties as are commensurate with the nature of their respective offices.
  • Section 4: Special Assessments
    The Senate may, upon ratification by the S.B.A. membership by a majority vote, levy upon that membership such special assessments as are necessary for the furtherance of school functions. Section 5. Association Funds. The Senate shall have control and supervision of all S.B.A. funds. The President, or, if unavailable, one of the Vice-Presidents, shall be required to sign all requests for allocations greater than or equal to one-hundred dollars ($100.00) along with the Treasurer. Any allocation less than one-hundred dollars ($100) may be approved by any single Officer of the Senate. In the event of a planned absence of the Treasurer, the Treasurer may appoint another officer to sign in his or her place. There must always be two officers’ signatures on all allocations of one-hundred dollars ($100.00) or more.
  • Section 6: Voting
    A Chair cannot call to order a meeting without a quorum in accordance with Article IV, Section 2. Paragraph G of this Constitution. No voting shall take place without a Chair and a majority of the eligible voting members present. All members of the Senate shall have the power to vote in the course of Senate meetings. The Chair of the Senate meeting shall only vote in the event of a tie. A majority vote of the Senate, consistent with this Constitution, the S.B.A. By-Laws and Robert’s Rules of Order shall be sufficient to pass a resolution, allocate funds, or to make a ruling on an issue.
  • Section 7: Officers
    • President
      • The President of the S.B.A. shall have the power to ensure the proper functioning of the Senate.
      • The President shall be the chair of the Senate, and shall be an Ex-Officio member of all committees of the Senate and S.B.A.
      • The President shall appoint all committees and committee chairpersons not designated by this Constitution. The President may not chair a committee of the Senate or S.B.A.
      • The President or his or her appointed representative shall be a member of the A.B.A. and serve as a voting delegate at A.B.A. functions.
      • The President shall be elected by a majority of the votes cast by the S.B.A.
    • First Vice-President
      • The First Vice-President shall be determined by the division from which the President was elected. If the President is from the Day Division, then the First Vice-President shall be from the Night Division, and if the President is from the Night Division, then the First Vice-President shall be from the Day Division.
      • The First Vice-President shall be the Chair of the Planning Committee.
      • In the absence of the President, the First Vice-President shall conduct meetings and act as the Chair.
      • The First Vice-President shall be elected by receiving the greatest number of votes cast by the S.B.A.
    • Second Vice-President
      • The Second Vice-President shall be from the same division as the President of the S.B.A.
      • The Second Vice-President shall be the Chair of the Social Affairs Committee and shall be responsible for the conducting of all social functions sponsored by the S.B.A.
      • In the absence of the President and the First Vice-President, the Second Vice-President shall conduct the Senate meetings and act as the Chair.
      • The Second Vice-President shall be elected by receiving the greatest number of votes cast by the S.B.A.
    • S.B.A. Delegate to the A.B.A.
      • The S.B.A. Delegate to the A.B.A. shall be from either the Day Division or Night Division. The S.B.A. Delegate to the A.B.A. shall be elected by all members of the University of Denver College of Law S.B.A.
      • The S.B.A. Delegate to the A.B.A. shall be the A.B.A. representative of all members of the University of Denver College of Law S.B.A. In this capacity, the S.B.A. Delegate to the A.B.A., or his or her appointed representative from the Senate, shall serve as a voting delegate at A.B.A. functions.
      • The S.B.A. Delegate to the A.B.A. shall be the Chair of the American Bar Association Law Student Division Committee.
      • The S.B.A. Delegate to the A.B.A. shall be elected by receiving the greatest number of votes cast by the S.B.A.
    • Treasurer
      • The Treasurer of the S.B.A.. shall be from either the Day Division or Night Division. The Treasurer shall be elected by all members of the University of Denver College of Law S.B.A.
      • The Treasurer of the S.B.A. shall be responsible for the collection of all fees or assessments payable to the S.B.A. and the disbursement of all funds approved for disbursement by the Senate. The Treasurer shall prepare a yearly budget and monthly financial reports indicating the current status and balance of the S.B.A. accounts.
      • The Treasurer shall be the Chair of the Finance Committee, and shall be responsible for chairing the spring Finance Allocation (i.e., Budget) hearings. It shall be the responsibility of the Treasurer to verify that all requests for monies shall be in the proper form and that they are presented in a timely manner.
      • The Treasurer of the S.B.A. shall be elected by receiving the greatest number of votes cast by the S.B.A.
    • Secretary
      • The Secretary shall be from either the Day Division or Night Division. The Secretary shall be elected by all members of the University of Denver College of Law S.B.A.
      • The Secretary shall prepare minutes of each Senate meeting and take the roll of the members present. The Secretary shall be responsible for posting approved minutes from the most recent Senate meeting on the S.B.A. bulletin board and supplying a copy of such minutes to the Dean, the Associate Dean for Student Affairs and the Associate Dean for Academic Affairs.
      • The Secretary shall be the public relations officer for the S.B.A., responsible for reporting to the Writ, or other designated places, the actions and activities of the Senate.
      • The Secretary of the S.B.A. shall be elected by receiving the greatest number of votes cast by the S.B.A.
  • Section 8: Senators
    • Senators shall be elected by their respective class and one (1) Senator shall be elected by the M.S.L.A. program.
    • A Senator shall be responsible for representing his or her respective class or program and for voicing the concerns of his or her class or program to the Senate. Senators shall be eligible to vote at all Senate meetings.
    • Senators shall serve on all committees to which they have been appointed by the President.
    • A Senator shall be elected by receiving the greatest number of votes cast by his or her respective class or program.

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Article 4: Meeting Requirements

  • Section 1: Meeting Agenda
    1. Call to Order
    2. Reading and Approval of the Minutes
    3. Recognition of any guests who wish to speak
    4. Officer Reports
    5. Committee Reports
    6. Unfinished Business
    7. New Business
    8. Announcements
    9. Adjournment
  • Section 2: Procedural Guidelines for All Meetings
    • Regularly scheduled meetings, not moved into Executive session, are open to all individuals affiliated with the University of Denver College of Law and shall be held in a room of sufficient size to accommodate a reasonable number of guests, and shall be run approximately one hour.
    • All individuals seeking to address the Senate during the meeting period shall ask the Chair at least forty-eight hours prior to the meeting to be placed on the agenda. The Chair shall manage the agenda and shall distribute a copy of the agenda to each member of the Senate prior to the meeting.
    • Any individual who disrupts a meeting or impedes the efficient completion of such meeting may be removed at the discretion of the Chair.
    • The Senate may, by a majority vote, meet in Executive session to discuss such issues as impeachment or other matters which are deemed necessary.
    • The parliamentary procedure for the meeting shall be governed by the S.B.A. By-Laws and Robert’s Rules of Order.
    • An accurate record of the approved minutes from the most recent Senate meeting shall be posted on the S.B.A. bulletin board.
    • Quorum
      In order to constitute a quorum, two-thirds of the eligible voting members of the Senate must be present. A Quorum during the Summer Semester shall consist of two-thirds of those voting members designated to serve during the Summer Semester. No voting by proxy on any issue or for any meeting will be allowed.
    • All senate members must reserve the time, designated in the By-Laws, for Senate meetings.

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Article 5: Associative Initiative

The Senate will be required to act upon any resolution or matter, including a motion to overrule a previous Senate action, submitted by a petition of twenty percent (20%) of the members of the S.B.A. The Senate must act at the first regular meeting held after the receipt by the Chair of the resolution; if the Senate does not act in accordance with the resolution it must be submitted to a special election of the S.B.A. within ten (10) class days thereafter. The resolution shall then pass if approved by a majority of the membership of the S.B.A. All petitions and results of special elections are to be posted by the Secretary on the S.B.A. bulletin board.

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Article 6: Eligibility Requirements for Senate Members

  • Section 1
    The President of the S.B.A. shall be a member of the S.B.A. and the A.B.A., either Day or Night Division, who, as a minimum requirement, is enrolled in their second resident semester at the University of Denver College of Law and shall not graduate before the end of the following Spring Semester.
  • Section 2
    The Vice-Presidents of the S.B.A. shall be members of the S.B.A., who, as a minimum requirement, are enrolled in their second resident semester at the University of Denver College of Law. One Vice-President shall be elected from the day Division, and one Vice-President shall be elected from the Night Division. The First and Second Vice-Presidents shall not graduate before the end of the following Spring Semester.
  • Section 3
    The S.B.A. Delegate to the A.B.A. shall be a member of the S.B.A. and the A.B.A., who, as a minimum requirement, is enrolled in their second resident semester at the University of Denver College of Law.
  • Section 4
    The Treasurer of the S.B.A. shall be a member of the S.B.A., either Day or Night Division, who, as a minimum requirement, is enrolled in their second resident semester at the University of Denver College of Law and shall not graduate before the end of the following Spring Semester.
  • Section 5
    The Secretary of the S.B.A. shall be a member of the S.B.A., either Day or Night Division, who, as a minimum requirement, is enrolled in their second resident semester at the University of Denver College of Law and shall not graduate before the end of the following Spring Semester.
  • Section 6
    A day or night division student’s status shall be determined by the University of Denver College of Law Registrar.
  • Section 7
    No member of the S.B.A. shall occupy more than one elected position in the Senate at a time, nor may a member of the senate occupy a position on the Honor Board.
  • Section 8
    An Officer or Senator may resign at any time during his or her tenure of office. In case of a vacancy in any office, the position shall be filled by an election in accordance with the provision set forth in the S.B.A. By-Laws.
  • Section 9
    In the event any executive office becomes vacant, the President shall appoint a member of the University of Denver College of Law S.B.A. Pro Tem to this position, with the concurrence of the Senate majority, until an election may be held in accordance with the provision set forth in the by-laws. The President may also appoint a member of the S.B.A. Senate to temporarily stand-in for an officer who is for any reason unable to fulfill his or her duties and responsibilities as set out in this document. This temporary position shall not exceed three months.
  • Section 10
    An Officer or Senator of the S.B.A. may be impeached on the grounds of malfeasance or non-feasance in office by a two-thirds vote of the Senate present, barring the person subject to impeachment. Any Officer or Senator subject to impeachment shall be notified in writing and that member shall have the right to a hearing before the Senate. This notice shall be given at least ten days prior to the impeachment hearing. Any member of the Senate subject to impeachment shall retain the right to resign prior to the impeachment hearing.

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Amendment

  • Section 1
    Amendments to this Constitution may be proposed by either a two-thirds vote of the Senate, or by a petition from the S.B.A., duly presented to the Senate and bearing the signatures of one-third of the members of the S.B.A.
  • Section 2
    All such proposed amendments shall be presented to the S.B.A. at an election for ratification. Such ratification shall be by a two-thirds vote of those voting and after such ratification, the amendments shall become a part of the Constitution. No amendment shall have a retroactive effect.

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