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1.

CONSTITUTION OF THE STUDENT BAR


ASSOCIATION RUTGERS SCHOOL OF LAW-NEWARK

Adopted April 1993


Proposed Amendments Adopted February 2002
Proposed Amendments Adopted November 2005
Proposed Amendments Adopted April 2008
Proposed Amendment Adopted September 2012
Proposed Amendment Adopted March 2014
Proposed Amendment Adopted April 2016

2.ARTICLE I
Objective

The name of this organization shall be The Rutgers School of LawNewark Student
Bar Association. The objective of the Student Bar Association (SBA) shall be to act as the
official representative body for the students of Rutgers School of LawNewark. As an elected
body the SBA shall be proactive in taking a position in any matter concerning the students of
Rutgers School of LawNewark. The SBA will act according to this Constitution and may not
deny or disparage the rights and privileges retained under the United States Constitution and the
New Jersey State Constitution by the students of Rutgers Law School. Copies of this
Constitution shall be made available to all law school members.

3. ARTICLE II
Membership and Elections

A. Apportionment of Class Representatives

1. There shall be one representative from each class for every twenty-five (25) members of
that class.

2. A remainder of ten (10) or more members of a class shall entitle that class to one
additional representative.

3. Apportionment shall be determined according to the Registrars list of students.

B. Qualifications for Voting

1. Each registered student shall have the right to vote for all Representatives for her/his
respective class.

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Student Bar Association Constitution
(a) The term class refers to the collective body of students who will graduate during
the same year, divided into day and evening programs as separate and distinct classes.

2. The SBA Executive Board shall decide any disputes concerning class membership.
The SBA shall decide any appeal from the Executive Boards decision.

C. Elections

1. First Year Elections

(a) The SBA representatives from the First Year Class shall be chosen each year at an
election to be held at such time during the month of September as the SBA shall
designate.

(b) Adequate notice of the election shall be provided to the First Year Class.

2. Upper Class elections shall be conducted during April.

3. Write in ballots shall be honored at all elections.

4. In case of election ties affecting membership, there shall be a run-off election between the
candidates who have so tied within a reasonable time after the first election.

D. Recall, Expulsion, Vacancies, and Alternates

1. On petition of 25% of the total membership of a representatives class, the SBA shall
conduct a recall election among the members of the petitioning class. A two-thirds majority
of those voting of the petitioning class is required for removal.

2. Representatives are responsible for recording their attendance in the manner determined
by the Recording Secretary, who shall keep accurate attendance. A representative is subject
to expulsion from the SBA if she or he accumulates three (3) absences in a given semester.
Following the third absence, and haven given the representative notice, the Executive
Board shall conduct an open impeachment hearing. Following the hearing, the executive
board shall vote on whether or not to impeach the representative.

3. When any SBA representative ceases to be a registered member of the class she or he
represents, or when any SBA representative resigns or is expelled, that seat shall
become immediately vacant.
(a) A vacancy shall be filled by the alternate candidate for the respective class who
received the greatest number of votes, provided that the alternates vote total
constituted at least 10% of the persons who cast ballots for representatives of that class.

(b) In the event of a tie for the first alternate position, the full SBA, by majority vote,
shall choose the replacement.

(c) In the event that no alternative representative is qualified and available, the
vacancy shall be filled by a special election of the elected class within two weeks after
the vacancy occurs.

4. Each class should have a maximum of three (3) alternates. To be eligible as an alternate,
the candidate must receive at least 10% of the votes from their class. In the event of an
absent class representative at an SBA general meeting, the class alternate with the highest
amount of votes may assume the role of the absent class representative and all the rights
and privileges of SBA membership will be awarded to such alternate during the meeting in
which the class representative is absent. If more than one class representative is absent, the
alternate with the second highest amount of votes will assume the role of the second SBA
representative and the same shall be the case until the number of class representative
absences exceeds the number of alternates.

Direct Democratic Election of the Executive Board


A.The President of the SBA is to be elected through a Two Round Direct Popular
Election.
A Two Round System is used to elect a single winner where voters case a single vote
for their chosen candidate. If no candidate receives an absolutely majority, then all but
the two candidates receiving the most votes, are eliminated, and a second round of
voting occurs. The winner of the second round will be considered the winner and SBA
President-Elect.
a. An absolute majority is defined as a candidate who receives fifty-percent
(50%) plus one vote or more of the votes cast.

1. All currently enrolled law students are permitted to directly cast one ballot for the person that
they desire to see elected.

2. The election for SBA President shall occur simultaneously with the class representative
elections in April.

3. The requirements for candidacy for SBA President shall be as follows:


a. A law student who is currently enrolled at Rutgers School of Law Newark and will be
enrolled for the duration of the academic year following the elections in April.

4. Except for where explicitly different in this amendment, the election must follow the election
guidelines in the Constitution.

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Student Bar Association Constitution- Adopted February 2002
E. Oath

Upon election all representatives must swear to the following oath:

I, name, do sincerely promise, on my honor as a Student Bar Association representative, that I


will faithfully use all of my energies and abilities to perform the duties of my office, for my time
as a representative, as prescribed by the Constitution and mission of the SBA and the honor
code of Rutgers School of LawNewark. As an officer of this organization I will, at all times,
act solely in the interests of the students. I will devote all of my efforts to furthering their needs
and goals. I will never forget that it is the students who voted me into this position, and it is the
students whom I serve.

4. ARTICLE III
Student Bar Association Officers

A. Election of Officers
1. The SBA Officers shall be: President, Vice President (Day), Vice President (Evening),
Treasurer, Recording Secretary, Parliamentarian, Chief Operating Officer, Corresponding
Secretary, ABA Representative, and University Senator.

2. All SBA representatives are eligible to become officers.

3. Officers, with the exception of the Corresponding Secretary, Chief Operating Officer,
and ABA Representative shall be elected by popular vote during the April election.

4. In the case of a tie there shall be a run off pursuant to the Election Guidelines

5. The office of the Corresponding Secretary shall be filled by a First-Year representative


elected by the SBA at the first regular meeting following the election of First Year
representatives.

6. In the event that no candidate receives a majority vote, the candidate with the lowest
number of votes will be dropped. In the event of a tie between two or more candidates with
the lowest number of votes, a run-off election between those candidates will be conducted.

7. The resignation of an officer or member shall be tendered to the SBA, and the resulting
vacancy shall be filled according to the provisions of this Section.

8. In the event that an office becomes vacant, with the exception of the succession of the
Vice President (Day) to the presidency, such vacancy shall be filled by the full SBA at its
next regularly scheduled meeting according to the provisions in this Section.

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Student Bar Association Constitution- Adopted February 2002
B. The Role of the Executive Board
1. The officers collectively shall comprise the Student Bar Association Executive Board.

2. The Executive Board shall:

(a) monitor student needs and regularly present proposals before the full SBA;

(b) carry out the mandates expressed by the SBA;

(c) represent the SBA on a day-to-day basis;

(d) act on special occasions, at its discretion, when decisions must be made before the
full SBA is scheduled to meet;

(e) make a concerted effort to introduce themselves to the first-year incoming class
and officially inform the new class of the SBAs role and election process.

3. The Executive Board shall record any actions taken, and report to the full SBA at its
next meeting.

C. Role of Officers

1. The President shall be the Executive Officer of the Student Bar Association. The
President shall lead the Student Bar Association in achieving the objectives of this
Constitution. The President shall ensure the Constitution, and all legislation of the student
Bar Association are upheld. The President shall preside over Student Bar Association
meetings. The President shall instruct the incoming Student Bar Association President
(President-Elect) on all matters pertaining to the office of the President prior to the
President-Elect assuming office. The President shall honorably represent the Student Bar
Association and serve as its official representative to Rutgers School of Law, the Rutgers
Law Administration, and the outside world. The President shall have the power to call
emergency meetings of the Student Bar Association General Body. The President may
create committees to address the needs of the Student Bar Association and the student body
of RutgersLaw. The President shall have the authority to set the date, time, and place of all
Executive Board meetings. The President shall establish Executive Board meetings at the
beginning of each semester. The President shall have the ability to call emergency Executive
Board meetings, provided adequate notice (48 hrs) and sufficient reason is given.

2. The Vice President (Day) shall assist the President in the duties of [his/her] her/his office
and preside over all meeting of the SBA in the Presidents absence. The Vice President
(Day) shall coordinate all SBA Committee activity. The Vice-President (Day) shall succeed
to the office of President immediately upon that office becoming vacant.

3. The Vice President (Evening) shall assist the President in the duties of her/his office, and
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Student Bar Association Constitution- Adopted February 2002
shall represent the concerns of evening students to the Executive Board.

4. The Treasurer shall be the custodian of the SBA funds, together with a representative of
the deans office. The Treasurer shall keep an accurate account of all monies received and
dispersed, and shall give a financial report at each regular meeting. All checks drawn from
the account of the SBA shall be signed by both the Treasurer and the designated
representative of the deans office. The Treasurer shall comply with any budget guidelines
promulgated by the SBA, and shall regularly update the budget guidelines.

5. The Recording Secretary shall keep an accurate record of all business conducted by the
SBA, including the executing its attendance policy. The Recording Secretary is responsible
for providing SBA representatives with meeting notices and agendas, and any other
necessary information, and is responsible for providing the student body with any
information required by this Constitution or is considered necessary by the SBA or its
Executive Board.

6. The Corresponding Secretary shall assist the Recording Secretary in her/his duties, and
shall maintain the SBA office.

7. The Parliamentarian shall be responsible for ensuring that meetings are held within a
reasonable time and that Roberts Rules of Order is practiced. The Parliamentarian shall be
responsible for holding a seminar on Roberts Rules of Order at the beginning of the fall
semester to ensure that all new SBA members are knowledgeable on the rules of procedure.

8. The Chief Operating Officer (COO) is intimately involved with the functioning,
managing, and operation of Legal Matters (the Store), currently located in the Atrium of
Rutgers School of Law, Newark. The COOs specific duties and responsibilities include:
collaborating with the Director of Law Student Financial Aid regarding work-study
students; scheduling staff for the weekly operations of the Store, which include alumni and
student events, and other out-of-store sales; managing any and all personnel working at or
assisting in the Store; managing any and all procedures associated with purchasing
merchandise, and organizing the physical layout of the Store; communicating with the
general student body regarding Store promotions, and maintaining the [SBA or Store]
website; and managing any and all accounts and finances in conjunction with the Treasurer.

9. The ABA Representative shall be a voting member of the SBA and a member of the
Executive Board of the SBA. The ABA Representative shall promote participation by
Rutgers law students in the ABA Law Student Division, act as the liaison between the LSD
and the Rutgers Law School community, and shall actively pursue the interests of Rutgers
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Law School Newark in 3 Circuit and national law student issues.

5. ARTICLE
IV
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Student Bar Association Constitution- Adopted February 2002
Meetings

A. Meetings Schedules

1. Excluding summer months and examination periods, the Student Bar Association shall
hold one regularly scheduled meeting every two weeks, unless the Executive Board decides
otherwise.

2. Unless the SBA determines otherwise, all meetings shall begin at 8:10 PM (in order to
accommodate both day and evening students).

3. The Recording Secretary shall schedule all regular meetings for that semester at the
beginning of the semester, and distribute this to SBA members and prominently post it
for the student body.

4. In addition, meeting notices and agendas shall be distributed by the President to all SBA
representatives and be prominently posted at least six (6) hours prior to any SBA meeting.

5. All meetings shall be open to the entire student body, and notice of all meetings and
preliminary agendas shall be prominently posted throughout the school.

6. Special meetings may be called by any Executive Officer or upon written request of any
ten (10) SBA members. Such request shall include the purpose of such meeting and be
signed by the requesting members. The Correspondence Secretary must give personal
notice of any special meeting to all SBA members, and notice of the meeting shall be
prominently posted throughout the school.

B. Regulations Governing Meetings

1. Unless otherwise provided in this Constitution, any measure voted on by the SBA must be
approved by a plurality vote, provided that a necessary quorum is present. The presiding
officer shall vote only in the event of a tie. In the event of a tie, the presiding officer must
vote.

2. A measure will be approved if there are more affirmative than negative votes, regardless
of the number of abstentions.

3. For a motion to call a question, a two-thirds majority is necessary.

4. The SBA may conduct business if at least 50% of representatives are present. If any SBA
representative challenges the presence of a quorum prior to a vote, the chair must record the
attendance. If quorum is not present the SBA may not vote.

5. Written proxy votes may be allowed if, in the view of the chair, the proxy unambiguously
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Student Bar Association Constitution- Adopted February 2002
represents the intent of the absent representative. Quorum procedures are governed by
Roberts Rules of Order. Quorum calls may be made by any member, and the President shall
determine whether quorum is present.

6. Representatives, by majority vote, may request that items not on the official agenda
be held over until the next meeting.
6.
7. ARTICLE V
Committees

A. Student Bar Association Committees

1. The following committees shall be appointed annually:

(a) Budget Committee: This committee shall be chaired by the Treasurer and shall
receive budget requests from official student organizations at Rutgers Law School
Newark. This committee shall recommend the annual allocation to each organization,
pursuant to any budget guidelines passed by the Student Bar Association.
(b) Election Committee: This committee shall plan, conduct, and supervise all elections,
referenda, and lotteries conducted by the SBA in accordance with this Constitution. This
committee shall consist of two members of each class; if there are not six volunteers then
the President shall appoint representatives.
(c) Promotion and Tenure Committee: This committee shall be responsible for the
distribution of the faculty course evaluations and to make recommendations to the faculty
on issues concerning promotion and tenure.
2. Additional committees may be formed by the SBA to address specific student
concerns.

3. Committees shall act in accordance with the charge given to them by the SBA.

4. Membership on all committees shall be open to the entire student body.

5. Committee chairpersons shall be chosen by the SBA Vice-President.

B. SBA Committees Duties

1. All SBA representatives and executive-board members must participate in a committee.

2. There should be at least one student on the committee that has been on the committee in a
previous year.

3. One student will be the head of the committee. This person will be responsible for
collecting any information relevant to the students participation on the committee. This
person will also be responsible for communicating that information to the students on the
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Student Bar Association Constitution- Adopted February 2002
committee.
4. The committee must report back to the SBA about the faculty-student meetings,
except for information that is confidential, i.e. information regarding candidates seen by
the Appointments Committee or students that come before the Disciplinary Committee.

5. After the students are selected to be on the committee, there will be a meeting between
the incoming students and the outgoing students before the end of that academic year. This
meeting will be an orientation for the new members. The policies and procedures of the
committee will be discussed.

6. A list of the student members will be given to the present chair of the committee, who
will pass on the information to the next academic years committee chair. A list of the
student members will also be given to the Dean of the law school. The Dean and/or the
committee chair will be responsible for informing the students of the first meeting.

7. The SBA recognizes the importance of participating on student/faculty committees and


will make every effort to attend meetings, report back to the SBA and represent students
interests to the faculty.

C. Student-Faculty Committees

1. The SBA shall request from the Dean at the beginning of each year a list of all student-
faculty committees for that year. Membership will be solicited by the SBA through timely
notice to the student body at the beginning of the academic year.

2. Membership on Student-Faculty Committees shall be open to the entire student


body.

3. The Vice-President shall make appointments, subject to the ratification by the


President.

4. Membership on each Student-Faculty Committee shall be limited to the number of


faculty members on each committee.

5. The provisions of this section shall not apply to the Minority Student Program
Committee. The selection of student members and the organization of this committee
shall be vested in the Minority Student Program of the Rutgers School of LawNewark.

D. Appointments Committee

1. All students serving as members of the Appointments Committee must be elected


Student Bar Association (SBA) representatives.

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Student Bar Association Constitution- Adopted February 2002
2. Student interviews of faculty candidates (specifically those on their second or call back
interview) are open to the entire student body. SBA Appointments Committee members
are responsible for assembling a group of students to conduct each interview. At least one
(1) SBA Appointments Committee member must be present at all interviews.

3. The SBA Appointments Committee members shall maintain records of the interviews,
including the name and number of students present at each interview. These records shall
be available only to the SBA.

8. ARTICLE VI
Legislation

1. Student Organization Budgets


1. The Student Bar Association may officially recognize student organizations.
Recognition entitles an organization to:

A. Participate in the annual budgetary process

B. Be eligible for student office space

2. Student office space shall be determined by the SBA President, in conjunction with the
Deans office.

3. The Student Bar Association shall be responsible for the allocation of student fees.

4. The Student Bar Association shall promulgate budget guidelines to establish uniform rules
and regulations pertaining to the allocation of student fees. Until this has been accomplished,
the budget guidelines promulgated prior to this Constitution shall be in effect.

5. In the allocation of student fees to organizations, no student organization, including the


SBA shall be allotted more than 14% of the entire student organization budget. All
organizations will continue to be free to solicit extra funding through the discretionary
funding process outlined in Article IX.

B. Bills and Resolutions

1. Any student may submit a bill or resolution for consideration by the General Body
of the SBA, so long as an SBA Representative has sponsored the bill or resolution.

2. Bills and resolutions will pass by a simple majority vote of the SBA.

C. Referendums

1. Any student may propose a referendum vote

2. A referendum will pass with 2/3 of the SBA.

D. Impeachment of any SBA Member


1. Any student may bring a bill to impeach an SBA Member, so long as an SBA
Representative sponsors the bill, which must explicitly state:

a. The action(s) that warrant impeachment;

b. How the act committed is in direct violation of the role in which the
Member has vowed, and is expected to act, which is referenced in the
Constitution; and

c. How this violation inherently conflicts with the image and mission of the
SBA.

2. The Member shall have the opportunity to rebut or defend the claims.

3. Impeachment shall require a 2.3 vote of the SBA.

9. ARTICLE VII
Amendments

A. Amendments to this Constitution may be submitted by any member of the law school
student body. All amendments must be submitted in writing.

B. For an amendment to succeed:


1. Two-thirds of the members present at any regular SBA meeting must approve
the proposed amendment.

2. A vote on an amendment to the Constitution must be preceded by sufficient notice,


posted for ten (10) days.

10. ARTICLE VIII


Anti-discrimination Clause

The SBA, its officers, its representatives and the student body will not tolerate discrimination
within the organization or in Rutgers School of LawNewark based on race, ethnicity, age,
gender, sex, sexual orientation, trans-sexuality, parental status, source of income, Minority
Student Program status, religion, accent, national origin, economic class, disability or
appearance and pledges to actively condemn all forms of such discrimination.

11. ARTICLE VIX


Budget Guidelines

The following Budget Guidelines, ratified in December of 1993 and amended in March of
2000, will be a part of the SBA Constitution.
12. RUTGERS LAW SCHOOL-
NEWARK STUDENT BAR
ASSOCIATION

BUDGET GUIDELINES
Ratified: December 1993
Amended: March 2000, June
2012, March 2014

I. GENERAL PROVISIONS

A. Title
This Act shall be known as the Rutgers Law School Newark Student Bar
Association Budget Guidelines (Budget Guidelines)

B. Purpose
The purpose of these guidelines is threefold:
(1) To establish clear and consistent procedures for the distribution and accounting
of student activity funds by the SBA;

(2) To set forth guidelines regarding the types of permissible expenditures by the
SBA and recognized student organizations; and

(3) To set forth minimum standards which govern the conduct and behavior of
student organizations receiving funding by the SBA.

C. Severability

If any section of this Act appears to be invalidated by subsequent changes of SBA or


University policies, the SBA Treasurer shall present the issue to the SBA. If the SBA
declares said section invalid, the section is severable and the remainder of these
Guidelines will remain valid.

II. TREASURERS ADMINISTRATIVE ROLE AND RESPONSIBILITIES


A. The Treasurer of the SBA shall have authority to authorize the disbursement of SBA
funds. In the event that the Treasurer is not available, the President of the SBA has
the authority to assume this responsibility. A co-signature of the SBA Financial
Advisor or designee is required for all disbursements. (See Art. III, A below).

B. The Treasurer shall keep accurate and up to date records for:


(1) Each recognized student organization;

(2) The total balance of the SBA account, including the amount in SBAs
discretionary account;
(3) The number of full-time and part-time students (See Art. III A below).C. The
Treasurer CANNOT disburse any amount of money in excess of the funds
allocated to the organization through the formal budgetary process unless allocated
through the discretionary process (see Art. V below).

D. The Treasurer shall process requests for funding in accordance with the Voucher
Procedures found in Article VIII below.

E. The Treasurer MUST retain all vouchers and attached documents and keep them on
file as public records for at least seven full years after the academic year in which the
disbursement was made.

F. The Treasurer shall provide all recognized student organizations with notice of the
annual Budget Hearings in accordance with Article IV. Below.

G. The Treasurer MUST make a copy of the Budget Guidelines available to:
(1) All SBA representatives at the first regularly scheduled meeting of the school
year;

(2) Members of the Budget Committee as soon as the members are notified of their
appointment to the Committee; and

(3) The treasurer or president of each recognized student organization.

III. SBA FINANCIAL ADVISORS RESPONSIBILITIES


A. The SBAs Financial advisor (normally the Dean of students) or designee shall be
responsible for providing the number of full-time and part-time students within 21
days after the beginning of each semester so that the Treasurer may accurately
calculate the funds available for the law journals and discretionary funding.

B. The Financial Advisor or designee shall review and co-sign any voucher prepared by
the Treasurer that complies with these Budget Guidelines and shall return the co-
signed check and all documentation to the Treasurer within one week in accordance
with the Voucher Procedures in Article VIII. In the event that the voucher does not,
in the Financial Advisors opinion, comply with the Budget Guidelines, a written
explanation shall be furnished and all documentation returned to the Treasurer within
a week as outlined in Art. VIII below.

IV. BUDGETING PROCESS


A. Funding Through the Annual Budgeting Process
(1) Only recognized organizations may request a hearing before the SBA Budget
Committee. A recognized organization is one that has been formally recognized
by the SBA, in accordance with the SBA Recognition Guidelines. Any
recognized organization that chooses not to participate in the budgetary hearing
shall receive funding at the discretion of the SBA general body pursuant to
Article V below.(2) All unrecognized organizations or students seeking funding
for law school- related activities shall be funded exclusively through the
discretionary fund as set forth in Art. V. below.

B. Role of the Treasurer


(1) At least one month before the first Budget Hearing, the Treasurer MUST provide
to each recognized student organization the following:
a. The date, time and location of the Budget Hearing;
b. The amount requested by and budgeted for each recognized student
organization for the previous three semesters;
c. Sufficient Budget Request Forms (See Attachment A).

(2) The Treasurer will serve as chair of the Budget Committee and facilitate the
Budget Hearings.

(3) Approximately ten (10) days before the first Budget Hearing, the Treasurer shall
provide to each student organization the specific time that each organization will
be heard.

(4) At least one week before the first scheduled Budget Hearing, the Treasurer shall
provide to the Budget Committee a summary of the requests from each
organization and an estimate of the funds available for disbursement.

C. Role of the Budget Committee


(1) The Budget Committee is defined in Art. V A(1)(a) of the SBA Constitution.
The primary role of the Budget Committee is to:

a. Balance the requests of the student organizations against the funds available;
and

b. To assess compliance with the criteria set forth in these Budget Guidelines.
This shall culminate in a comprehensive budget for presentation and review
by the SBA.

(2) The Executive Board of the SBA shall recommend a slate of nine (9) candidates
(including the Treasurer) for the Budget Committee in accordance with Art. V.
A (1)(a) of the SBA Constitution. Efforts should be made to have the Budget
Committee composed of a representative sample of the student body.
Of the 9 candidates, seven (including the Treasurer) shall deliberate and vote over
budget requests. The remaining two candidates will observe the Budget
Hearings and be members of the Appellate Panel in the case that a funding
determination is appealed by a student organization.(3) The SBA Executive
Board shall resolve questions regarding Budget Committee membership.

(4) The Budget Committee shall conduct hearings as outlined in Section E, below.

(5) After concluding the hearings, the Budget Committee MUST hold a closed
meeting to formulate a comprehensive budget proposal for the following year.
The funding of each organization applying for funding through the budgetary
process shall be determined by the Budget Committee according to the criteria
listed in the Budget Request Form. (See Art. IV D (2)(a-i) below. In addition,
the Budget Committee must consider whether the SBA has found that the
organization has violated the budget guidelines in the prior school year. The
Budget Committee must also adhere to the limits on the General Funding Policy
set forth in Art. VI (B)(2).

(6) It is strongly suggested that members of the Budget Committee who are also
Executive Board members of recognized student organizations should not
participate in any portion of the meeting in which the funding of that
organization is discussed. It is also recommended that Non-Executive Board
members of recognized student organization should not participate in any portion
of the meeting in which the funding of that organization is discussed if they feel
there will be a conflict of interest.

D. Role of the Student Organizations


(1) All recognized organizations submitting a Budget Request Form shall designate
a treasurer and shall report that persons name, class year and phone number to
the SBA Treasurer.

(2) The student organizations treasurer MUST complete the Budget Request Form
and return it to the SBA Treasurer at least ten (10) days before the first Budget
Hearing. The Budget Request Form MUST contain the following:
a. A list of all executive officers of the student organization;

b. A list of current membership;

c. Comparison of the previous years budget allocations and actual


expenditures;

d. The amount of Discretionary Funds received during the previous year, if


any;

e. Past activities of the organization;

f. Activities proposed for the coming academic year;


g. Accessibility of activities to the student body at large;
h. Other funding sources for the student organization;

i. If funding for a newsletter is requested, the number of copies to be printed,


the price per page and the number of issues expected. Also, any history on
previous publications, if applicable; and

j. The specifics behind a request, e.g. the number of organization meetings,


office supplies to be purchased, etc.

Failure to comply may result in forfeitures of participation in the Budget


Hearings, or a rescheduling of the previously arranged hearing time.

(3) The president of each student organization shall review the proposed budget for
reasonableness and accuracy and compliance with these Budget Guidelines.

(4) The organization is permitted to have one (1) primary spokesperson at the
Budget Haring. That spokesperson shall be prepared to discuss the proposed
budget during the time arranged for that organizations hearing.

E. Budget Hearing Process


(1) All Budget Committee Hearings shall be open to the public and notice of the
hearings shall be posted at least one week prior to each hearing.

(2) Budget Hearings will be held annually in the Spring Semester to determine the
student organizations budgets for the following school year. The first meeting
will take place approximately four (4)weeks before the beginning of finals to
ensure review and discussion by the SBA before new SBA members are elected
for the following year.

(3) Budget Hearings will be conducted on Fridays and Saturdays. The only
exception to this will be for religious holidays. These days will be designated to
hearing each student organizations request and to making an initial proposal for
each organizations budget.

Appeals will be heard no later than one week after the initial determination of a
student organizations funding request.

(4) Each student organization shall have a maximum often (10) minutes to present
its proposed budget for the next two semesters. Questions by the Budget
Committee shall be reserved until the conclusion of the presentation. The
Budget Committee shall have a maximum of fifteen (15) minutes to ask
questions regarding that presentation.
(5) Members of the public MUST be dismissed from the room at the conclusion
of the questioning by the Budget Committee. The Budget Committee will
thenhave five (5) minutes to discuss a proposed level of funding. The proposed
level of funding must be $200 per academic year, at a minimum.
The Budget Committee will vote on a tentative funding amount. At the
completion of the Budget Hearings, the Budget Committee will evaluate the
proposed level of funding for all student organizations across the board before
making a final vote on the proposed budget.

(6) The proposed level of funding must not be disclosed by any Budget Committee
member to anyone other than the SBA Executive Board.

(7) After every student organizations Budgetary Hearing, the Budget Committee
shall determine the proposed budget for each student organization for the
following academic year. Funding shall be granted by the Budget Committee for
the entire year and the student organization may use the funds in accordance with
the spending policies outlined herein these guidelines throughout the academic
year.

(8) In the event that an organization was recognition in the spring semester, the
Budget Committee must use sound judgment and discretion in considering that
organizations proposed level of funding since the organization has no history.

(9) All deliberations of the Budget Committee MUST remain confidential until the
proposed budget is presented to the SBA general body except as stated in
number 10 below.

(10) Student organizations shall be notified of their proposed budget at the


conclusion of Budget Hearings.

(11) At no time before a final budget is voted on by the SBA shall any organization
be informed of other organizations budgets.

(12) The Budget Committee may place student organizations on a one year
probation, should the Budget Committee feel that the student organization has
failed to utilize its funding in an appropriate, efficient and/or beneficial manner.
Factors that the Budget Committee should consider are:

a. Whether the student organization utilized all of its allocated funds;

b. The manner in which the funds were spent;

c. The student organizations efforts to secure outside funding (i.e. fundraising,


donations, co-sponsorship of events, etc.);
d. The number of events hosted by the student organization;e.
Whether the student organization presented itself to the SBA for
discretionary funding (as per Art. V below);

f. The reasonableness of expenditures; and

g. Any other factors the Budget Committee believes relevant.

(13) If a student organization has been placed on probation, as per Art. IV (E)(12),
that organization will receive no funding for the following academic year.
Additionally, that organization must appear before the Budget Committee the
following academic year for further evaluation. The Budget Committee will
decide if that organization has demonstrated an improvement from the prior
academic year with respect to the value the organization provides the student
body. The Budget Committee shall decide, based on the student organizations
presentation at the Budgetary Hearing, to either:

a. Remove the student organization from probation and provide it with the
minimum annual budget, as per Art. IV (E)(5); or

b. Derecognize that student organization.

This determination shall be based on whether the student organizations


presentation at the Budgetary Hearing persuades the Budget Committee that
the student organization has improved from the prior year with respect to the
value the organization provides the student body.

(14) Should a student organization be placed on probation, as per Art. IV (E)(12),


that organization must elect an entirely new elected board, as per the
organizations bylaws and/or constitution. No member of the previous elected
board may serve on the new elected board in the following academic year.

F. Appeals Process

(1) Any organization that desires to appeal its funding must notify the SBA
Treasurer IN WRITING the reasoning for their appeal by 6:00pm on the
Thursday following the Budget Hearings. If desired, the appeal will be heard on
the following Saturday (one week after the Budget Hearing).
FAILURE TO TIMELY NOTIFY THE SBA TREASURER OF REQUEST
FOR AN APPEAL WILL NEGATE ANY FURTHER APPEALS.

(2) Appeals will be heard by two designated Budget Committee members and the
SBA Treasurer. The 2 Panelists shall be designated ahead of time and shall not
participate in deliberations or voting during the initial hearing of each student
organization.
(3) Any organization that does not make a formal appeal in accordance with
Section(F)(1) above is still eligible for discretionary funding.

G. Role and Duties of the Student Bar Association


(1) The proposed budget will be presented to the SBA by the SBA Treasurer.

(2) Any student may question the Treasurer and/or members of the Budget
Committee regarding the recommendations of the Committee.

(3) The presentation to the SBA will not be used as a forum for student
organizations to appeal their budget. This must take place as outlined in Art. IV
F above.

(4) After review and discussion, the SBA will vote on the proposed budget provided
that quorum is present. The SBA must vote on the budget in its entirety, i.e., no
line item veto. A simple majority of those members in attendance is needed to
approve the budget.

(5) In the event that the proposed budget is not passed by the SBA, then the
following steps must be taken:
a. The Budget Committee will re-convene the following Saturday to create a
new proposed budget;

b. All student organizations that participated in the original hearing shall be


notified of the new Budget Hearing at least 24 hours before the new hearing;
and

c. The SBA representatives will vote on the new proposed budget at the next
regular scheduled meeting or a special meeting.

V. DISCRETIONARY AND UNSPENT FUNDS


A. The primary role of the SBA body when disbursing discretionary funds is to:
(1) Balance the request of the student organization against funds available; and
(2) Assess compliance with the criteria set forth in these Budget Guidelines.

B. Process for Requesting SBA Discretionary Funds


(1) During any semester in which an organization expects to spend over its budget
allocation an organization is permitted to appear before the SBA at a regularly
scheduled meeting to request additional funding. An organization will be
permitted to receive discretionary funding only upon exhaustion of its entire
yearly budget allocation. For example: If organization A has $1,000
remaining in its budget and is planning an event which will cost $1,500,
organization A is entitled to ask the SBA for $500 in discretionary funds. If
any additional discretionary funds are allocated, those funds will come from
SBAs discretionary account.(2) The organization shall notify a SBA
executive officer at least one week before appearing at the meeting, so that the
organization may be placed on the agenda. If the organization fails to provide
timely notice of its intention to request
discretionary funds, it may have to wait until the next scheduled meeting to make
its request. The organization shall complete a Discretionary Request Form and
bring at least 15 copies to the SBA meeting, (See Appendix B for a copy of the
Discretionary Request Form). The organization shall be prepared to answer any
questions raised by members of the SBA.

a. If an organization requests one hundred dollars ($100) or less, the request


can be heard by the SBA Executive Board, which may approve the request
by a simple majority of the Board members. Any officer of the requesting
organization may make this request. If the Executive Board rejects the
request, the organization is entitled to appeal the decision to the SBA
general body. The SBA Executive Board has one week to make its
determination on this matter.

b. Any request and approval must comply with the Budget Guidelines.

c. Any organization that spends over its budget without prior approval may, at
the discretion of the SBA, not be reimbursed for those expenditures.

C. Unspent Funds
All unspent funds of an organization shall be rolled-over to organizations budget
for the following academic year.

D. Funding of Executive Board and ABA Representative


The SBA Executive Board and the ABA Representative shall be funded from
discretionary expenditures. The SBA Executive Board may self approve any
expenditures of fifty dollars ($50) or less; any self-approved expenditures must
be reported to the SBA body at the next scheduled meeting. Any request
above fifty dollars ($50) must go to the SBA for approval.

VI. NEW ORGANIZATIONS


A. In order to receive funding, any new organization must appear before the SBA for
recognition in accordance with the Proposed SBA Recognition Guidelines appended
to the SBA Constitution. If recognized by the SBA, the organization will have access
to the discretionary fund in the academic year in which it is recognized.
B. Any recognized organization will be able to participate in the Budgeting Process (in
Art. IV). An organization established in the Spring Semester may participate.
However, if in the fall semester, the organization does not demonstrate to the SBA
that it is meeting the criteria upon which it was recognized, its funding will be
removed and returned to the discretionary fund.
VII. FUNDING POLICYA. General Policy
(1) The SBA recognizes the important contributions that student organizations make
to the student body at large and encourages expenditures that further the goals
and foster the growth of the law school community. By receiving funding from
the SBA, each student organization agrees to adhere to the rules set forth in these
Guidelines, and to comply in good faith with the standards of professional
responsibility. To this end, the following provisions shall govern the conduct of
all student organizations and set forth the types of permissible expenditures by
the SBA and student organizations.

(2) It shall be a violation of these guidelines for a recognized student group to falsely
represent itself for the purpose of gaining SBA funding or recognition. The SBA
may make exceptions for good cause or approve any other expenses that it deems
reasonable unless a provision specifically indicates otherwise.

B. Limits on the General Policy


(1) The SBA does not fund expenses of a personal nature. If a question arises as to
whether an expense is of a personal nature, the Treasurer shall bring it to the
attention of the SBA Executive Board. In addition, the Treasurer must bring the
issue to the SBA general body at the next regularly scheduled SBA meeting,
pursuant to Art. IX B below.

(2) Funds allocated by the SBA to a recognized organization or to individuals


requesting funding for specific events, whether through the budgetary process or
through discretionary funding are subject to the following general rules. The
SBA may make exceptions for good cause or approve any other expenses that it
deems reasonable.

a. Office Expense: Office expenditures are not to exceed $25.00 per semester.
This amount is included in the organizations annual allocation.

b. Honoraria & Speaker fees: Fees for speakers who visit the law school are
not to exceed $150.00 per speaker. Reasonable costs related to a speakers
visit to the law school (e.g., transportation, lodging, etc.) may be paid by the
organization, but shall not exceed $50.00 per speaker. However, each
organization requesting money for either honoraria or expenses for speakers
shall make a good faith effort to solicit funding from other available sources
to cover or subsidize costs (e.g. co-sponsors from other organizations,
outside sponsors, etc.)
c. Refreshments: Expenses for refreshments at routine organizational
meetings cannot be budgeted and will not be reimbursed. The first
meeting of each semester is not a routine meeting for the purposes of
this provision.d. Publications: Expenses related to publications related
to the nature of the organization can be funded. SBA funds shall not be
used to purchase commercial outlines (i.e. legal lines, Emanuel, etc.).

e. Fundraising: Any recognized organization that holds a fundraising event


can be reimbursed up to $100 for the fundraising expenses per semester.
This limitation does not apply to any organization that exists solely for
fundraising purposes, e.g., PILF. All funds raised from fundraising events
must be deposited with the SBA Treasurer within five (5) days.

f. Parties/Events: Reasonable fees related to organization-sponsored parties or


events (e.g., sound equipment, stages, DJs, bands, refreshments, etc.) can be
funded.

g. Rental costs for films & equipment: Reasonable fees related to the rental
costs for films shown by and equipment used by the organization at the law
school can be funded.

h. Transportation costs: Transportation costs for members attending functions


related to the nature of the organization (including conferences and other
events held outside of New Jersey), can be funded but such funding cannot
exceed $100.00 per organization per semester. Under no circumstances will
costs of travel to attend sporting events by funded by the SBA.

i. National/Regional Conventions: Expenses associated with attending a


national or regional convention are not to exceed $200.00 per organization
per semester. This amount includes registration fees, travel expenses (see
subsection (h) above), lodging and food expenses, and any other
miscellaneous costs. Funding for these items should be based on whether
the organization attended the convention in the past, and whether it has
specific plans to do so for the upcoming year. Under no circumstances will
the SBA be allowed to approve expenditures over this $200 amount. This
provision does not apply to expenses related to the ABA Representatives or
the SBA Presidents attendance at the ABA National Convention.

j. Moot Court Competitions: Expenses associated with attending a regional or


national moot court competition, whether or not the individual participants
are affiliated with a recognized organization, may be funded for:

i. The cost of registration per team;

ii. The cost of travel, pursuant to subsection (h) above, up to $100 per
moot court team;
iii. Up to $25 per day participant for miscellaneous expenses such as food and lodging.
These expenses will only be funded for the actual length of time necessary
for the participant to compete in the moot court event, and no longer. Under
no circumstances will the SBA or the Budget Committee be able to approve
such expenses exceeding this amount. In its funding decision, the SBA or
the Budget Committee may consider the number of law school participants
in the moot court event, and any other relevant factors.

k. Sporting Events: Funding a sporting event not part of a recognized


organization is allowable according to the following rules and restrictions:
(1) A list of all students participating as a team (or teams) must be
presented to the SBA.

(2) The SBA cannot fund more than $100 per event for registration costs
regardless of the number of teams participating in the event.

(3) Up to $10 per day per participating team member may be reimbursed
for miscellaneous expenses such as food and lodging.

(4) A copy of the registration form with proof of payment must be


presented to the SBA in order to receive reimbursement.

(5) Pursuant to Art. VII (B)(2)(h) transportation costs to attend such


sporting events cannot be reimbursed.

l. The ABA Representative is not subject to the limitations above and may
come before the SBA body for discretionary funding.

VIII. VOUCHERING PROCEDURES


A. Responsibilities of the SBA Treasurer.
(1) Funds approved through the budgetary process are not given to student
organizations for their use. Rather, each organization may make expenditures in
anticipation of being reimbursed in accordance with their budget and these
Budget Guidelines.

(2) The SBA Treasurer will only issue checks for expenditures in accordance with
the Budget Guidelines after the expense has been made.

(3) If the Treasurer questions the propriety of a voucher submitted by an


organization, the Treasurer can deny payment and shall notify the organization of
the problem. If the impropriety that gave rise to the denial of payment is not
addressed in these Guidelines, the SBA Treasurer shall bring the issue to the
attention of the SBA Executive Board. The SBA Executive Board shall then
decide whether to deny payment.
B. Responsibilities of Student Organizations.(1) For all reimbursements, an
organization shall accurately complete a Voucher Request Form, signed by the
organizations treasurer before the SBA Treasurer may approve it. Each
Voucher Request Form must be accompanied by an original purchase order,
bill, receipt or other supporting document and proof of payment.

(2) Voucher Request Forms must be submitted to the SBA Treasurer within a
reasonable time after outlay for the expense. This Section does not apply to any
Law journal funds.

C. Reimbursement Process
(1) The Treasurer, upon receiving an appropriate Voucher Request Form shall
present the required supporting documents and a check for the appropriate
amount to the SBA Financial Advisor for co-signature. Every effort should be
made to submit these documents within one week after receiving the Voucher
Request Form.

(2) The SBA Financial Advisor shall review the documentation, co-sign the check
and return it along with all documentation to the SBA Treasurer. Every effort
should be made to return these documents to the SBA Treasurer within one week
after receiving them.

(3) The SBA Treasurer shall use due diligence to return the approved check to the
student or student organization by either personal delivery or by placing it in the
students secured mailbox.

IX. ENFORCEMENT OF THE BUDGET GUIDELINES


A. Responsibilities of the SBA and Student Organizations
(1) The SBA shall distribute the SBA Budget Guidelines to every organization in
Rutgers Law School and to every SBA member within three weeks of the
beginning of the school year.

(2) All organizations are responsible for knowledge of and compliance with these
guidelines.

B. Procedures for Determination of a Violation


A violation of these Guidelines is a violation of an understanding between the
organization and the SBA warranting the imposition of punitive measures by the
SBA if necessary. The role of the SBA Treasurer in the disbursement of funds is no
defense in determining whether a violation was committed.

(1) In the event that an individual law student or student organization alleges a
violation of the Budget Guidelines, the student or organization must:
a. File a written complaint with the SBA President or SBA Treasurer
within thirty (30) days of the alleged infraction;b. Present the
complaint to the SBA general body at the next regularly scheduled
SBA meeting after the complaint has been filed. Prior to the meeting,
the SBA shall provide the accused party with a copy of the complaint
and notification that the matter will be addressed at the next scheduled
SBA meeting;

c. The SBA general body shall then address the matter;

d. The complaining student(s) shall be prepared to explain the basis for the
dispute and answer any questions posed by the SBA general body;

e. The accused party shall be provided the opportunity to respond to the


complaint; and

f. At that meeting, the SBA general body will vote on whether a violation was
in fact committed. A two-thirds (2/3) majority of the requisite quorum of
SBA members is required to sustain a violation.

C. SBA Sanctioning Committee & Procedures for Imposing Sanctions if a Violation is


Found.
If a violation is established, appropriate sanctions will be determined by the SBA
Sanctioning Committee. This committee shall be comprised of seven (7) SBA
Representatives, who will be appointed by the Executive Board before the second
meeting of the Fall Semester. A good faith effort should be made to ensure that
diverse viewpoints are represented on the Sanctioning Committee. A simple
majority of the Committee is needed to impose sanctions. The Committee shall have
broad discretion in the imposition of sanctions (see Art. IX D below). All
determinations of the SBA arid the SBA Sanctioning committee shall be final.

D. Types of Sanctions
(1) Reprimand
A reprimand will consist of verbal and written notice of the violation and the
violation will be noted in the SBA Treasurers records. The notice of the
violation shall be placed on reserve in the library under the file, SBA
Sanctioning Committee File. Notices of violations will remain in an
organizations record for a period of two years. The reprimand will be issued by
the Sanctioning Committee.

(2) Budgetary Sanctions


The Committee, in addition to a reprimand, may impose budgetary sanctions.
Such sanctions shall include a reduction of an organizations funds remaining for
the academic year.

(3) Non-recognition
Non-recognition consists of a denial of funds for an amount of time not to
exceed two years, to be determined by the Sanctioning Committee.
Additionally, theorganization may be denied office space for the two-year
period. After the two- year period, if an organization wishes to be re-recognized
by the SBA, it shall comply with the procedures in the SBA Recognition
Guidelines.

X. AMENDMENT OF THE BUDGET GUIDELINES


This policy may be amended by a two-thirds vote of the full SBA body and no proxies
will be allowed for this purpose. Any proposed amendment must be presented to the
recognized organizations at least two full weeks before the SBA meeting when a vote on
the amendments will occur.

XI. ENACTMENT
These Amended Budget Guidelines shall take effect beginning with the budgeting
process of the fall 2012 academic semester.

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