Bylaws of the Mock Trial Board

The George Washington University Law School

Washington, D.C.

 

Section 1. The actions and conduct of all Mock Trial Board Members shall be governed by the Mock Trial Board Constitution and these Bylaws.

Section 2. The Bylaws shall be adopted by the Officers by a two-thirds majority vote.

Section 3. The Bylaws shall have full force and effect upon adoption by the Officers and promulgation of a copy to the members.

Section 4. Upon motion, and second, by members in good standing, the Bylaws may be amended following debate, by a two-thirds majority of members in good standing at a general meeting. The required quorum for amendment of Bylaws is thirty-three percent of the membership in good standing.

Section 5. Purpose and Scope of Bylaws.

1. These Bylaws shall be the general guidelines for the operation of the Board. They are to be construed consistently with the Constitution of the Board and are subject to change by the Officers or members, as specified in these Bylaws.
2. Where the Constitution and Bylaws are silent on a matter, the President shall have the discretion to act, or direct an Officer to act, on the matter in such manner as to reasonably execute the duties of the office and to further the objectives of the Board.

Section 6. External Competitions. The President and the Vice President of External Competitions will decide which external competitions the Board will sponsor. Considerations may include the nature of the external competition, its location, available coaching resources and financial constraints. If the President and Vice President of External Competition elect to participate in any invitational, every effort shall be made to select the best team(s) to represent the Law School and the Board in the external competition. Unless otherwise specified in these Bylaws or the Constitution, recommendation and selection of team members by the Vice President of External Competitions and the President, or any other Officers, shall be based on the following factors:

1. Timeliness of an applicant’s application, where a deadline has been set;
2. An applicant’s demonstrated excellence in trial advocacy, as evidenced by tryout or by past performance in a Board-sponsored intra- or interscholastic competition, or by other means to be determined by the President and Vice President of External Competitions;
3. Whether the applicant is a member in good standing of the Mock Trial Board as outlined in these Bylaws and the Board’s Constitution; and
4. Any other criteria as determined by the Officers.

Section 7. Code of Conduct. It will be considered misconduct for any member of the Mock Trial Board, including any Officer, to:

1. Commit any act in violation of the Law School Honor Code or the Law School Harassment Code;
2. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation relating to a Mock Trial Board-sponsored activity;
3. Engage in conduct that seriously interferes with the Executive Committee’s ability to responsibly administer Board activities including, but not limited to, Mock Trial Board competitions;
4. Attempt to state or imply an ability to improperly influence Board members involved in administering or judging of Mock Trial Board competitions;
5. Verbally abuse, or otherwise seriously mistreat, insult or demean competition judges, competition chairs, Officers, or other persons involved in a Mock Trial Board-sponsored activity; or
6. Knowingly assist any Board member in conduct that is a violation of these rules.

Section 8. Violation of the Board’s Code of Conduct. Violations of the Board’s Code of Conduct shall result in expulsion from the Mock Trial Board.

Section 9. Expulsion. If a member fails to remain in good standing with the Mock Trial Board, such member shall be subject to expulsion from the Board and disqualification from any or all Mock Trial Board internal or external competitions in which the member is participating or wishes to participate. Determination of the nature and scope of any disciplinary action, including expulsion, disqualification from participation in competitions, and/or any other remedy that may be necessary and proper, shall be made by a majority vote of the Officers. Final disposition of expulsion shall be sent to the offending member and copied to the Dean of Students, the Career Development Office, and/or any other departments or offices, as appropriate. An expelled member’s name shall either be removed from any and all Mock Trial member lists or rolls, or an annotation shall be made next to the expelled member’s name on said lists or rolls.

Section 10. Review of Expulsion. Prior to final disposition of expulsion, notice of expulsion shall be given to the offending member and the offending member shall have an opportunity to appeal the decision of the Officers before final disposition. Method of appeal of expulsion will be determined on a case-by-case basis with appropriate process, depending upon the circumstances of the particular case.

Section 11. Effect of Expulsion on Offending Member. Any member expelled from the Board shall not represent within or without the Law School that he or she was ever a member of the Mock Trial Board, and shall act to affirmatively correct any misapprehensions held by any person, department, office, or other entity, within or without the Law School.

Section 12. Transfer Student Petition Application. A transfer student (“petitioner”) may petition for membership with The George Washington University Law School Mock Trial Board via an application that satisfies the following:

1. 1. A petitioner must submit to the Mock Trial Board President:
      1. Information about the competition(s) in which the petitioner participated at their prior law school, including the competition rules and, where applicable, evidence of advancement or awards;
      2. Competition feedback, including scores received, if available;
      3. A written statement of interest addressing:
         1. why Board membership should be granted; 
         2. how the petitioner’s mock trial experience improved their advocacy skills; and 
         3. any additional experience that would make the petitioner a valuable member of the Board; and
      4. Any other materials that the President or Petition Review Committee deems reasonably necessary to conduct its review of the petition.
   2. The absence of any material listed in sections (1)(a)-(b) above shall not, by itself, preclude a petitioner from submitting a petition for membership or be dispositive of the petition.
      1. If a petitioner is unable to obtain, locate, or share any material listed in sections (1)(a)-(b), the petitioner must provide a written explanation.

Section 13. Transfer Student Petition Board Review. Upon receiving a complete petition, pursuant to Section 12 of these bylaws, the President shall form a Petition Review Committee to review the transfer student petitioner’s materials.

1. 1. The Petition Review Committee shall consist of at least three Officers or Appointed members of the Mock Trial Board, at least one of whom must be an elected Officer. The President may serve as a member of the Committee.
   2. A Committee member shall recuse themselves from reviewing any petition where an obvious conflict of interest exists between the member and the petitioner.
   3. The Petition Review Committee may require an interview with the petitioner.
   4. The Petition Review Committee may establish additional procedures for reviewing petitions, provided that such procedures remain consistent with the requirements and limitations set forth in these bylaws.
   5. The Petition Review Committee shall determine whether to approve or deny the petition based on the petitioner’s compliance with these Bylaws, the quality of the application, and the petitioner’s potential contribution to the Board. 
   6. The Board shall notify the petitioner of the Committee’s final determination within 48 hours of the determination being made.

Section 14. Transfer Student Petition Appeal Process. A petitioner may request an appeal within 48 hours of receiving notice of the denial, but only if the petitioner presents new information that was not included in, nor reasonably available at the time of the initial petition.

1. 1. The submission of new information that was simply omitted from the original petition shall not constitute grounds for appeal.
   2. A timely appeal shall be reviewed by the full elected Executive Board, which shall consider the new information presented by the petitioner, reconsider the petitioner’s initially submitted materials, and its prior decision.
   3. The full elected Executive Board may grant or deny the appeal in its discretion. A majority vote of the full elected Executive Board shall be required to grant the appeal, and the Board’s decision shall be final.