CONSTITUTION OF THE WEST VIRGINIA UNIVERSITY COLLEGE OF LAW
ALTERNATIVE DISPUTE RESOLUTION SOCIETY
ARTICLE I. NAME
The name of this organization shall be the West Virginia University College of Law Alternative Dispute Resolution (ADR) Society.
ARTICLE II. PURPOSE
The purpose of this organization shall be to provide educational opportunities and experiences for students to acquire, develop, and utilize indispensable skills, seeking to become experts of dispute resolution not only in the legal field, but concurrently in life itself. Members achieve this purpose by participating and being involved in presentations, guest speakers, training sessions, competitions, and services available. Members also achieve this purpose by promoting the use of ADR in the surrounding community through both education and volunteer work.
ARTICLE III. MEMBERSHIP
Section 1. Generally
Those eligible for voting membership are currently enrolled West Virginia University College of Law students, who have paid dues. Those eligible for nonvoting membership are persons who have successfully graduated from the West Virginia University College of Law, or who are faculty or staff members at the West Virginia University College of Law. The 2005-2006 members will be considered charter members.
Section 2. Membership Defined
Membership will consist of the following types: voting and nonvoting. Voting members are eligible to participate in all formal, official votes of the organization and are counted in determining, with respect to such votes, what constitutes any necessary majority. Nonvoting members are not eligible to participate in any formal, official votes of the organization and are not counted in determining, with respect to such votes, what constitutes any necessary majority.
Section 3. Membership Revocation
Membership will be revoked by the organization under the following conditions: failure to pay any required dues; failure to remain in disciplinary good standing with West Virginia University or with the West Virginia University College of Law; or failure to abide by the organization’s purpose as stated in Article II.
Any member may appeal removal to the Dean of the West Virginia University College of Law.
Section 4. Anti-Discrimination Clause
This organization will not deny membership on the basis of race, sex, age, disability, veteran status, religion, sexual orientation, color, or national origin.
ARTICLE IV. OFFICERS
Section 1. Offices
The offices of this organization shall be President, Vice President, Secretary, Treasurer, and Competition Chair, who together shall constitute the Executive Committee.
Section 2. Duties
The President shall have the authority to call, schedule, and conduct meetings both of the full membership and of the Executive Committee. The President shall have the authority to put subjects to vote. The President shall, in cooperation with the Executive Committee, promote the purpose of the organization as described in Article II by planning organizational activities, seeking training and other educational opportunities, seeking help from outside parties (e.g. to speak at meetings or to provide assistance in training), seeking opportunities for volunteer and pro bono community assistance withADR/mediation, and undertaking such other activities as may be appropriate. The President shall lead the Executive Committee.
The Vice President shall assist the President in the latter’s duties, and, in case the President becomes unavailable, shall assume the authorities and duties of the President temporarily and as needed. In case the President leaves office before the completion of a term of office, the Vice President shall not accede to the office of the President but shall conduct a new vote as described in Article IV, Section 4.
The Secretary shall assist the Executive Committee as necessary and as appropriate. The Secretary shall be responsible for keeping membership records, providing meeting agendas, and ensuring the accuracy of minutes for Executive Committee meetings and general meetings.
The Treasurer shall be responsible for ensuring the safekeeping of organizational funds and for maintaining accurate records of income, expenditures, and current funds. The Treasurer shall have the authority to determine whether and how funds are to be expended or, whenever a proposed expenditure is put to a vote and approved, to exercise a veto over this approval. The Treasurer’s veto power shall be limited to lack of funds or funds having already been assigned.
The Competition Chair shall be responsible for researching and organizing information related to national and international competitions. The Competition Chair shall organize trips and funding, in conjunction with the Treasurer, for competitions. The Competition Chair shall organize competition teams and shall be responsible for acquiring coaches.
Section 3. Election of Officers
To hold an elected or appointed office in this organization, a member must have at least a 2.0 GPA at the time of election or appointment. Furthermore, the member may not be on academic or disciplinary probation.
To qualify to be an officer, a student must be a voting member of the organization.
Nomination of officers shall be made from the floor. A member becomes a nominee upon nomination from the floor, a seconding thereof, and acceptance by the nominee.
Elections shall be conducted by voting on a single ballot listing positions and nominees.
Elections shall occur within the first half of the Spring Semester of the academic year. The timeliness of the elections is to provide a full and complete transition to the newly elected Executive Committee.
For each office, the nominee receiving a plurality of affirmative votes shall be declared the winner and shall take office two weeks before the end of the academic year.
The term of office shall be a single academic year.
Section 4. Early Vacancy
Should a vacancy occur before the completion of a term of office (including a vacancy that occurs by removal from office following impeachment proceedings), the vacancy shall be filled in the following manner: a new vote shall be undertaken, beginning with new nominations, and shall be performed according to the procedures described under Article IV, Section 3.
Section 5. Impeachment
Impeachment charges can be brought against any officer for reasons of misconduct in office.
Impeachment proceedings may be initiated upon a majority (50% + 1) vote of the full voting membership. For the purpose of any such vote, the officer being considered for impeachment shall not vote and shall not be counted in determining what constitutes a majority.
If impeachment proceedings are voted to occur, the following procedure will be followed:
[1] The officer in question shall be notified of the charges in writing.
[2] A special meeting shall be called to discuss the charges, at which all parties are allowed to respond.
[3] If a decision is made to proceed, a vote upon removal from office shall be taken by the voting membership with the participation of at least 80% of the voting membership. The officer shall be removed from office if and only if at least 80% of the participants vote for removal.
Section 6. Resignation
An officer may resign from office at any time by tendering written notice of resignation to any other current officer not then subject to impeachment charges. Such resignation shall be effective immediately upon the tendering of such notice, except that, if such notice specifically states a future date upon which resignation shall take effect, the resignation will take effect upon the stated date.
ARTICLE V. ORGANIZATIONAL STRUCTURE
The Executive Committee shall consist of the President, the Vice President, the Secretary, the Treasurer, and the Competition Chair. In matters falling within the Executive Committee’s discretion, questions shall be decided by three affirmative votes with each Executive Committee member exercising one vote. The President shall lead any meetings of the Executive Committee.
The Executive Committee’s general duty shall be to promote the purpose of this organization as described in Article II. The Executive Committee shall undertake such specific duties in furtherance of this purpose as it shall deem useful, under the guidance of and subject to the approval of the President.
Other committees and chairs may be established as needed, either by special appointment by the Executive Committee or by a majority (50% + 1) vote of the full voting membership. The membership of any such committee may also be determined by either of these methods.
ARTICLE VI. MEETINGS
Members are not required to attend meetings of the organization.
At least six meetings shall, in good faith, be held during each academic year, three in fall semester and three in spring semester.
In order to conduct business, a quorum must be present. A quorum shall consist of 50% + 1 of the organization’s voting membership.
In the event of a conflict concerning proper rules of procedure, Robert’s Rules of Order shall serve as the recognized authority.
At least four meetings of the full Executive Committee shall be held during each academic year, two in fall semester and two in spring semester. In order to conduct business, all current officers not then subject to impeachment charges must be present.
ARTICLE VII. FINANCE
Dues for membership in this organization for any academic year shall be determined by a vote held during the spring semester of the preceding academic year.
Other sources of organizational funding besides West Virginia University shall be determined on a case-by-case basis at the organization’s meetings.
This organization shall manage its own finances but in accordance with the rules and regulations prescribed by West Virginia University and the West Virginia University College of Law.
ARTICLE VIII. AFFILIATION
This organization is an affiliate of the American Bar Association Section of Dispute Resolution.
ARTICLE IX. AMENDMENTS
All amendments to this constitution must be made by the following process:
[1] Any proposed amendment must be presented in writing to the membership.
[2] Discussion shall occur at a full meeting.
[3] A vote for acceptance shall not take place at the meeting described in [2] but shall take place at a later meeting.
[4] The amendment shall become part of this constitution upon, and only upon, at least an 80% vote of the full voting membership.
[5] After 80% concurrence by voting members, any revision of or amendments to the constitution of this organization must be submitted to the Student Bar Association for approval.
ARTICLE X. SPECIAL WEST VIRGINIA UNIVERSITY REQUIREMENTS
This organization will adhere to the West Virginia University Code of Student Rights and Responsibilities.
