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§4.1

TITLE 4: THE JUDICIAL BRANCH

Chapter 1: The Code of Statutes of the Review Board

§4.1-1. This Judicial Code shall contain the judicial policies and guidelines for hearing and removal procedures for all Assembly officers. (11-22-03, RB)

§4.1-2. Authority

  1. The Review Board shall have original jurisdiction for cases arising under the SA Constitution and the SA Code. The board shall review actions of the Assembly, Boards, committees and Cabinet and shall determine the legality of such actions.
  2. The Review Board shall hear cases involving allegations of denial of due process, discrimination and unfair treatment by funded organizations. (11-22-03, RB)

§4.1-3. Filing a Petition

  1. Any student may file a written complaint with the Review Board. All complaints filed must fall under the proper statute of limitations. The Review Board shall produce a decision within 14 calendar days when school is in session of the petition being filed. This timeline may be extended at the discretion of the board. All members of the Review Board shall be notified within 48 hours of the filing of a complaint. Any complaints filed must be done so in its entirety (that is it may not be augmented or changed after its submission.)
  2. Upon notification and presentation of a complaint, the accused has 3 days to submit a response in the form of a statement. That statement may not be augmented or changed once submitted.
  3. If three [3] or more members of the Review Board deem it necessary the Review Board shall hold a hearing. All parties involved with the complaints shall receive notification three [3] days prior to the hearing. (11-22-03, RB)

§4.1-4. Judicial Review Board Meeting

  1. When applicable, meetings of the Review Board shall be run in two [2] parts. Part one [1] of this procedure shall be an oral hearing in which all sides of the respective cases have the opportunity to present their case to the Review Board. Part two [2] shall be a deliberation in which the members of the Review Board meet in order to decided the case and all disciplinary actions.
    1. All hearings of the Review Board shall be run under the same parliamentary authority of the Assembly, allowing each side an opportunity to present its case. Hearings of the board shall be open to the public unless all but one of the board's voting members concur to have a closed session.
    2. All deliberations of the Review Board shall be run in executive session under the same parliamentary authority of the Assembly. Only members of the board may be present for deliberations.
  2. The Review Board shall conduct hearings to determine the validity of all charges brought against members. Assembly members have the right to appear before the Review Board and to answer all charges made against them.
  3. Permitted at the hearing shall be the person who brought up the complaint and the person who is being charged or their respective representative.
  4. The hearing format will be conducted in the following manner. Petitioner has 20 minutes allotted to present their case in a moot court format. This means Review Board members will ask questions during the presentation. At the conclusion of the 20-minute time period, the respondent has 20 minutes allotted to present their case in the same format. Petitioner then is allotted 5 minutes in order to answer questions from the Review Board. Respondent will follow with 5 minutes to answer questions from the Review Board. Following questions Petitioner has 5 minutes allotted for uninterrupted closing remarks. Respondent will close with 5 minutes allotted for uninterrupted closing remarks. (11-22-03, RB)

§4.1-5. Disciplinary Actions

  1. Upon completion of the hearing, the members of the Review Board shall deliberate in executive session. The Board at this time shall vote, by majority, on any disciplinary actions to be imposed on any officer(s) in question. Disciplinary actions include a determination of guilt and the proper sanctions.
  2. The Review Board shall submit and present a report detailing all findings and subsequent disciplinary actions, to the Assembly and the officer(s) in question by the next regular Assembly meeting.
  3. Upon notice of disciplinary action, an officer has ten [10] consecutive class days to request an appeal. Three members of the board must approve the appeal. (11-22-03, RB)

§4.1-6. An advisory opinion is defined as a clarification of a prior case decided by the review board. The President of the Student Assembly and the Chairperson of the Senate shall have the ability to request advisory opinions from the Board. The President of the Student Assembly and the Chairperson of the Senate both shall receive copies of each advisory opinion, including the language of the requests and the Review Board's response. (11-22-03, RB)

 
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