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5. Student Judiciary
5.04- General Hearing Procedures
5.07- Special Types of Complaints
5.08- General Hearing Provisions
Subsection 5.01 - Purpose
5.01(1)-
The purpose of the Student Judiciary (SJ) shall be to interpret and uphold the Constitution, Bylaws, rules and laws of the Associated Students of Madison (ASM). The Student Judiciary shall be the dispute resolution arm of the ASM.Subsection 5.02 - Authority
5.02(1)-
As is outlined in the Constitution, Article X, Section 3, the Student Judiciary shall have authority over all ASM elections, over cases and controversies arising under the Constitution, Bylaws, rules, and laws of the , and over all Registered Student Organizations (RSO's), including the Associated Students of Madison. This includes the power to find ASM and RSO Bylaws, procedures, policies and rules unconstitutional under the ASM Constitution, and thus to strike them down.Subsection 5.03 - Structure
5.03(1)- Selection of a Chief Justice and Vice-Chief Justice
(a)-
The Justices of the Student Judiciary shall vote among themselves a Chief Justice and Vice-Chief Justice.
(b)-
The Chief Justice and Vice-Chief Justice may be removed from his or her position by a majority vote of the SJ.
(c)-
Such a vote may take place at the request of any Student Judiciary member.
(d)-
Given the request at least 24 hours before a meeting, the Chief Justice must include "Removal of the Chief Justice" or "Removal of the Vice- Chief Justice" as an agenda item for the next meeting.
5.03(2)- General Procedure
(a)-
The Student Judiciary shall make all relevant forms easily available to members of ASM and RSO's.
(b)-
Decisions of the Student Judiciary shall be made by majority vote except as noted elsewhere in the Constitution, these Bylaws or rules of or the Student Judiciary Rules.
(c)-
All administrative and budget concerns of the Student Judiciary shall be wholly independent of the Student Council. The Student Judiciary shall create and administer its own internal and election budget, which must be approved by the Appropriations under the rules and procedures of that committee.
(d)- Amendments to the Student Judiciary and Election Bylaws
(d)i-
Amendments may be proposed by any sitting Justice.
(d)ii-
Amendments must be approved by a majority of the sitting Justices.
(d)iii-
Amendments must be forwarded and approved by the Student Council according to its rules and procedures.
(d)iv-
Amendments made by the Student Council may be vetoed by majority vote of the Student Judiciary within four weeks of adoption by the Student Council.
(e)-
The agenda for Student Judiciary meetings shall list any substantive issues which the body will vote upon, as required by the Constitution and these Bylaws.
(f)-
The Student Judiciary may promulgate a code of conduct for its members by a two-thirds vote.
5.03(3)- Duties of the Chief Justice
(a)-
Shall be the official spokesperson of the Student Judiciary unless the Chief Justice designates otherwise;
(b)-
Shall ensure that all decisions of the Student Judiciary are published in proper form;
(c)-
Shall make and publish agendas for the Student Judiciary meetings; and
(d)-
Such other duties as the Student Judiciary may require.
5.03(4)- Duties of the Vice-Chief Justice
(a)-
In the absence of the Chief Justice, perform the duties of the Chief Justice;(b)-
Take and publish minutes of the meetings of the SJ; and(c)-
Such other duties as the Chief Justice and the Student Judiciary may require.
5.03(5)- Removal from the Student Judiciary
(a)- Resignations
Any member of the Student Judiciary who intends to resign from his or her position must state that intention in writing to the Chief Justice of the Student Judiciary. The resignation shall be effective immediately unless otherwise indicated.(b)-Removal by the Student Judiciary
(b)i-
Any member of the Student Judiciary shall be subject to removal from the Student Judiciary for significant cause if, at a meeting, a unanimous vote of all members of the Student Judiciary, except the member in question, approves of said removal. A Petition for Removal signed by half of the sitting Justices shall compel the Chief Justice to place the business on the agenda. The Justice in question shall receive at least 48 hours notice.(b)ii-
After such a vote, the Chief Justice of the Student Judiciary shall request the resignation of the Justice in question.(b)iii- Impeachment Hearing
If the member denies the request to resign, the Chief Justice will forward an official recommendation to Student Council to initiate the impeachment hearing process.
(b)iii(A)-
Should a majority of sitting members of the SJ feel that it is in the interests of justice, the SJ may suspend the operation of these rules to achieve a full and fair opportunity for the parties to be heard on the issue.(b)iii(B)-
The Student Judiciary may by a two-thirds vote at two consecutive meetings adopt and amend such Student Judiciary Rules & Procedures as may be expedient for the operations of the SJ. Those rules and procedures shall outline, clarify and further expand this part of the Bylaws. The Student Council may by a two-thirds vote rescind such Rules & Procedures as the Student Judiciary may adopt. The Student Judiciary may not adopt any rescinded rule or procedure created under this section within one year of its rescission without the approval of the Student Council.
5.03(6)- Student Judiciary Meetings
(a)-
The Student Judiciary shall, within three weeks of the fall and spring semesters, establish a regular meeting date that shall be held weekly for the duration of the semester in question.(b)-
The Student Judiciary Vice-Chief Justice shall record the attendance of all Justices at every meeting, and shall maintain this record to be viewed at the pleasure of any member of the ASM.(c)-
Student Judiciary members shall be excused from regular meeting for purposes including, but not limited to, school, work, and family commitments. The Chief Justice must receive notification of an inability to attend before the Chief Justice calls the meeting to order.(d)-
The Student Judiciary shall, at any time, choose to change its regular meeting date if it provides appropriate public notice.(e)-
The Student Judiciary shall allow only three unexcused absences per academic year. Any excess shall be ground for impeachment of the Student Judiciary member.
5.03(7)- Student Judiciary Stipends
(a)-
As the Student Judiciary is a segregated student fee-funded organization through the Student Government of the Associated Students of Madison, it is responsible to guarantee that it conducts its financial business in the most respectful and transparent way.(b)-
In order to accomplish this, the acting Chief Justice of the Student Judiciary shall require an itemized report of all activities that paid Justices participate in regarding their role in the ASM. This report shall be delivered either through email or in the mailbox of the Chief Justice within 5 days after the end of the stipend period.(c)-
The Chief Justice shall review these reports and evaluate on an individual basis whether or not all assigned tasks during the stipend period have been accomplished. Should the Chief Justice determine that an assigned task has not been accomplished, the Chief Justice shall act accordingly and decrease the stipend amount to a reasonable appropriate amount.(d)-
The Chief Justice of the Student Judiciary shall likewise create an itemized report of all activities he or she has performed within the stipend period, and this report shall be submitted to the Student Judiciary Vice-Chief Justice within 5 days before the end of the stipend period. The Vice-Chief Justice shall then determine whether all the appropriate duties of the Chief Justice have been accomplished, and shall pay the appropriate stipend amount regarding this decision.(e)-
Should any member of the Student Judiciary disagree with a decision made during the stipend process regarding either the decrease in the stipend amount, or another inaccuracy regarding the process, he or she may appeal to the entire Student Judiciary at the next regularly scheduled meeting. A simple request by any Justice shall compel the Chief Justice to place the appeal on the next agenda.(f)-
Any appeal shall be discussed during the next regularly scheduled meeting. The appeal shall consist of the Chief Justice yielding the floor to the Vice-Chief Justice, during the appropriate agenda item, in cases regarding all other Justice stipends excluding the Chief Justice. Similarly, the Student Election Commission Chair shall chair the Judiciary's regular meeting, during the appropriate agenda item, of any appeal of the Chief Justice's or Vice-Chief Justice's stipend. The Judiciary member in question shall then be given an opportunity to explain his or her case, followed by the Chief Justice's or Vice-Chief Justice's explanation of his or her decision. Once debate has been concluded, the presiding officer of the meeting shall order a roll-call vote of all Justices regarding the decision to either uphold the current stipend amount, or to adjust it to a given amount.(g)-
The decision of the Student Judiciary after this appeal is final.(h)-
All stipend reports created by Justices shall be made available at the request of any individual within the ASM.
5.03(8)- Student Judiciary Outreach Consultant
(a)-
The Outreach Consultant shall be appointed by the appropriate Student Council Committee, in consultation with Student Judiciary leadership, before the end of the third week of fall semester classes, for a renewable one-year term.(b)-
Shall serve for the remainder of the academic year.
(b)i-
Should a mid-term vacancy arise, the appointment of a qualified candidate should be made as quickly as possible.(c)-
Shall faithfully execute the following job duties:
(c)i-
Advise individuals/organizations to help them better understand the process, policies and procedure of judicial review.(c)ii-
Assist individuals/organizations frame issues, arguments and documents necessary to meaningful judicial review.(d)-
Shall act pursuant to the following principles:
(d)i-
Strong deference to individual/organization's goals and leadership.(d)ii-
Collaboration and cooperation with SJ and leadership from the Student Government of the Associated Students of Madison.(d)iii-
Balance zealous advocacy with conscientious professionalism.(e)-
Shall be subject to lawful grievances.
(e)i-
The Outreach Consultant is an agent of ASM and SJ.(e)ii-
He or she is subject to the governing documents of both.(e)iii-
He or she shall promote fairness and equality in the process of SJ.(f)-
Shall be under the supervision of the Student Judiciary.
(f)i-
Complaints against the Outreach Consultant may be filed with SJ in the same manner as any other complaint.(f)ii-
Any decision regarding the Outreach Consultant must be approved by 2/3rds of SJ.Subsection 5.04 - General Hearing Procedures
5.04(1)- The Complaint
(a)-
Any ASM member or RSO may file a complaint alleging an election violation, a case or controversy arising under the Constitution, Bylaws, rules and laws of the ASM, or an issue over discipline of a RSO.
(b)-
For the purposes of the deadlines specified in this Subsection, the deadline will toll during the Thanksgiving recess, the winter recess, the spring recess and the summer session.
(c)-
Wherever this article specifies "day" it means a day, and a "school day" means a day, Monday through Friday, on which classes meet, not including finals week.
5.04(2) -
(a)-
The Student Judiciary shall select from among the Court a three-Justice panel to hear the complaint within seven days of the filing of the complaint. If the complaint is an election complaint, the Chair or Vice-Chair of the Student Election Commission shall not be a member of the panel.(b)-
The Panel shall set a hearing within ten (10) days after the filing of the complaint.(c)-
The Justices shall publish a decision on the case within ten school days of the complaint hearing, unless otherwise specified in this section.(d)-
The timelines in this section may be extended by:
(d)i-
A majority vote of the panel and notice to the parties, or(d)ii-
Consent of the parties.5.04(3)-
If the panel fails to publish its decision within ten school days, the case shall automatically be considered filed for an appeal as outlined in the next section.Subsection 5.05 - Appeal
5.05(1)-
Any party materially affected by the outcome of the decision may file an appeal to the decision of the panel within five school days of the publishing of the panel's decision. Such a party shall list under which paragraph and sub-paragraph the party is requesting the appeal, and the reasons why the party should prevail on the appeal if granted.5.05(2)-
The Student Judiciary shall schedule at its next regular meeting a discussion and vote on whether or not to grant the request for an appeal.5.05(3)-
The Student Judiciary shall grant an appeal when:
(a) -
The Panel failed to comply with the timelines in 5.04(3), or(b)-
New evidence is discovered of such value that, if proven, it would have changed the decision of the panel, or(c) -
The Panel failed to consider materially relevant law or fact that could have led the panel to the opposite result;(d)-
The Panel incorrectly interpreted the Constitution, these Bylaws, Rules or previous Student Judiciary opinions(e)-
The case presents a novel point of law that warrants a decision by the full court; or(f)-
The interests of justice require it.Subsection 5.06 - The Appellate Panel
5.06(1)-
The Appellate Panel shall consist of the entire Student Judiciary unless it is considering an election complaint in which case the Chair and Vice-Chair of the Student Election Commission shall not be a member of the panel.5.06(2)-
The Appellate Panel shall hear the case at the next regularly scheduled meeting of the Student Judiciary after the request for appeal was granted.5.06(3)-
The Student Judiciary may schedule a hearing prior to its next regular business meeting, or may delay the hearing until after its next regular business meeting, with a majority vote of the Student Judiciary.5.06(4)-
The Appellate Panel shall only take new evidence if that was a reason the appeal was granted under 5.05(3)(c) or 5.05(3)(e).5.06(5)-
The Appellate Panel shall publish its decision within ten school days of its hearing, unless otherwise specified in this section.5.06(6)-
The decision of the Appellate Panel is final.Subsection 5.07 - Special Types of Complaints
5.07(1)- Procedural Violations
(a)-
A procedural complaint is based on a procedural or similar violation that does not address viewpoint neutral concerns, and shall follow these rules:(b) -
If a procedural complaint is filed with the Student Judiciary that has not yet been addressed by the Committee, the Student Judiciary may remand the complaint to a committee to hear it in the first instance.5.07(2)- Election Complaints
(a)-
Complaints may be filed against any person or organization affiliated with the ASM Student Government elections including, but not limited to candidates, individuals campaigning on a candidate's behalf, Student Election Commission members.(b)-
Election Complaints must be filed no later than five (5) school days after the Student Election Commission releases the preliminary election results.(c)-
The Student Judiciary may adopt special rules and procedures for the Student Judiciary and the Student Election Commission for handling election complaints. If no special rules or procedures are otherwise adopted, the general hearing provisions shall be guiding in terms of the complaint process.5.07(3)- Viewpoint Neutrality Complaints
(a)-
Any person or organization/program may appeal an eligibility or funding decision on the basis that the decision was not made in a viewpoint neutral manner. A viewpoint neutrality appeal shall go as follows:
(a)i- Funding Body
If a viewpoint neutrality violation is found against the funding body, the Student Judiciary decision shall be delivered to the Student Council who shall hear the request at its first meeting after the decision by the Student Judiciary.(a)ii-
The Student Council shall make a final decision on the eligibility or budget of the organization in compliance with the Student Judiciary's decision within five school days of the publication of the Student Judiciary's decision.
(b)- Standard of Review
(b)i-
The Court shall determine the legitimacy of all Committee decisions except as to the specific amount of funding as provided below.(b)ii-
The Student Judiciary shall give great weight to a Committee's determination of the appropriate amount of funding where the Student Judiciary determines de novo that:
(b)ii(A)-
The Committee chose a set of groups or activities similar to the RSO or its activities to compare the actions of the RSO to;(b)ii(B) -
The set of groups chosen by the committee is a substantially representative and accurate set of similar groups to compare the actions of the RSO to; and(b)ii(C)-
Any alternative groups or activities presented by the RSO or complainant were either included in the set or did not belong in the set.5.07(4)-
RSO Complaints Regarding the Registered Student Organization Code of Conduct
(a)-
All Complaints filed against RSOs exclusively involving a potential Student Organization Code of Conduct violation will be directly forwarded to the Committee on Student Organizations (CSO), the advisory committee for the Student Organization Office.(b)-
The Student Judiciary shall retain jurisdiction over complaints regarding the ASM law, as well as non-Code of Conduct complaints, and shall serve as the appellate body for CSO decisions pursuant to the procedures outlined in this section.(c)-
If a complaint filed against an RSO regards both 5.07(4)(a) and 5.07(4)(b), there shall be concurrent jurisdiction between the Student Judiciary and the CSO.(e)-
Upon notification of the CSO's decision, materially-affected parties shall have the right to seek review of the CSO's decision by submitting a request to the Student Judiciary within five (5) school days of the publication of the CSO's decision.(f)-
The Student Judiciary may grant a request for review of a CSO decision when the request alleges:
(f)i-
The CSO failed to comply by its own rules and procedures to the extent that due process and fairness were potentially violated;
(f)ii-
The application of the CSO decision would violate an affirmative law or policy of the ASM.(g)-
If the Student Judiciary grants review of a CSO decision, the Student Judiciary shall follow the general hearing procedures.(h)-
Any review of a CSO decision by the Student Judiciary is limited solely to the grounds on which the review was granted.(i)-
If a complaint that is filed with the CSO falls under the direct and original jurisdiction of the Student Judiciary, the Chair of the CSO may forward the complaint on to the Student Judiciary. For the purposes of this section, the date the complaint was filed with the CSO shall serve for the Student Judiciary as the date the complaint was received.Subsection 5.08 - General Hearing Provisions
5.08(1)- Statute of Limitations
(a)-
The affected party must file an appeal to a committee decision within five school days of the notice of the adverse decision.(b)-
Any other ASM member must file an appeal to a decision within five school days of the publication of the decision.(c)-
The Student Judiciary may not consider any complaint filed after this deadline, unless the Court finds that information regarding the alleged incident could not have been discovered by reasonable means within the deadlines set forth in the bylaws.5.08(2)- Recusal
(a)-
Any Justice may recuse him or herself from a case.(b)-
A majority of the Panel may recuse any Justice when, given the circumstances of the case, that Justice could not be impartial.5.08(3)- Confidentiality
(a)-
A panel may hear cases in which sensitive matter is discussed.(b)-
A panel has the authority to hold a closed hearing.(c)-
Minutes and records of such hearings shall not name parties or provide sufficient detail that parties are easily recognizable.(d)-
All deliberations by a panel on a case shall be conducted in closed meetings. No formal motion shall be necessary for such closed deliberations.5.08(4)- Summary Dismissal
(a)-
A complaint filed with the Student Judiciary may be summarily dismissed if the panel considering a case unanimously determines that the facts raised by the complaint or the facts that could reasonably be developed in a hearing regarding the complaint, considered in the light most favorable to the plaintiff, would not support a determination (on any basis) for the plaintiff because:
(a)i-
The alleged conduct does not violate the ASM election rules;(a)ii-
The alleged conduct does not violate the ASM Constitution or Bylaws;(a)iii-
The alleged conduct no longer presents any active case or controversy;(a)iv-
When a party is no longer under the jurisdiction of the Student Judiciary, the panel shall dismiss any parts of the complaint pertaining to that party;(a)v-
The complainant lacks standing; or(a)vi-
No remedy is available to the plaintiff, including but not limited to, declaratory relief.(b)-
If the panel determines that 5.08(4)(a) applies they shall:
(b)i-
Before the Trial begins, publish a notice of dismissal; and(b)ii-
Publish an opinion within ten (10) school days of the publication of the notice of dismissal.(c)-
If the requirements of 5.08(4)(a) are not satisfied, the panel shall hold a hearing on the case within five school days of the failure to comply with its provisions.