FLORIDA STATE UNIVERSITY STUDENT GOVERNMENT ASSOCIATION

THE SIXTY EIGHTH STUDENT SENATE

Bill 41

Sponsored by: Senator Moorhead

A revision to the Student Body Statutes

BE IT ENACTED BY THE SIXTY EIGHTH STUDENT SENATE THAT:

A revision is made to the Student Body Statutes Chapter 504. (See attached).

The purpose of this revision is to revise the University Defender statutes.

OFFICIAL: -~4----'------"'~--' ------=-~--"'--------"-'--------"--1~~--'-­Student Senate Program Assistant

PASSED: 13th of April, 2016

P.O. Box 3064027, Tallahassee, FL 32306-4027 850.644.1811 • www.sga.fsu.edu

0ece1ven­n APR 1 5 2016 u BY· Cj__t\~;o

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THE FLORIDA STATE UNIVERSITY STUDENT SENATE

68th_ SENATE BILL NUMBER 41

A bill to be entitled. An Act

IN THE SENATE

A revision to the Student Body Statutes Chapter 504, The University Defender.

Read 1st Time 4-6-16 -----Read 2nd Time 4-13-16 Read 3rd Time ----Read 4th Time -----

with __ For, and __ Against

Introduced by Senator(s.._) =M....;;;o....;;;o..;..;rh;.;;.e=a=d~-----------­and sponsored by Senator(s.._) =M....;;;o.-o..;..rh;...;.e=a"""'d""------------

Referred to Committee on

Voted For Against ___ _

Report: Favorable Unfavorable

With Amendments Substitute

Without Recommendation

Date-------

CERTIFIED TO THE STUDENT BODY

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Date

'-t II/ ~1. /o Date

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Vice President for Student Affairs Date

Chapter 504 The Office of the University Defender

504 .1 The University Defenders shall be ti.vo (2) la1.v students in good academic standing at the University and be appointed by the Chief Justice of the Student Supreme Court, subject to confirmation by a majority vote of the Student Senate.

504.1 Composition

A The University Defenders shall consist of one (1) Lead Defender and one (1) Assistant Defender.

B. The University Defenders shall be appointed by the Chief Justice of the Supreme Court. subject to confirmation by a majority of the Senate.

C. University Defenders must be: 1. At least Second-Year law students

2. Enrolled in or have taken Professional Responsibility 3. In good academic standing with the University

504.2 The University Defense Team

A. ·The University Defense Team shall be comprised of the Lead Student Defender and the Assistant Student Defender.

B. The Lead Student Defender shall serve as Chief Defense Counsel for the Student Judicial System.

C. The Lead Student Defender shall maintain and supervise a staff of defense investigators.

D. The University Defense Team shall counsel each defendant as to their rights under the law and appoint a defense counselor to the case. The University Defense Team shall assist students upon request who have been accused of violations of the Student Conduct Code, or a Student Government Rule or Regulation, or perform any other relevant duties that the Chief Justice deems necessary, 'Nithin the structure of this chapter. The University Defense Team may also represent impeached officers of the Student Body at their tria l before the Supreme Court, if they are requested by the defendant to do so. The Univer=Sity Defense Team may not represent individuals involved in civil litigation before the Supreme Court, as the Office of General Counsel shall handle these duties.

E. Tho University Defense Team shall serve until resignation, graduation, or removal by a majority vote of the Student Supreme Court. Additionally, the members of the Uni\•ersity Defense Team shall be subject to impeachment by the Student Senate in the ordinary manner.

504.2 Lead Defender

The Lead Defender shall be responsible for maintaining the University Defense program and managing the University Defense Team. Responsibilities. The Lead Defender will: Assign cases among members of the University Defense Team Maintain adequate supplies for the facilitation of the University Defense Program Produce a bi-monthly progress report for the Chief Justice. The report will include:

The number of cases the University Defense Team is managing. The number of students who have contacted The Office of the University Defender for assistance. The number of cases each member of the University Defense team is managing. Recommendations for how the University Defense Team could expand its reach and further the goals of the University Defense Program. Requests for supplies or other expenses from the Supreme Court budg·et.

The Lead Defender will serve until resignation. graduation. or removal by a majority of the Supreme Court. The Lead Defender is subject to impeachment by the Senate.

504.3 Deputy Defender

The Deputy Defender will assist the Lead Defender in maintaining the efficient administration of the University Defense Program. Additionally, the Deputy Defender shall serve as lead defense counsel in assigned student government actions before the Supreme Court

The Deputy Defender will:

Assist the Lead Defender in the efficient administration of the University Defense Program Serve as lead defense counsel in assigned student government actions before the Supreme Court. Maintain adequate records including: Acknowledgment of Rights forms for each represented student. Certification from the Office of Student Rights and Responsibilities at the resolution of each case.

The Deputy Defender will serve unti l resignation. graduation. or removal by a majority of the Supreme Court. The Deputy Defender is subject to impeachment by the Senate If the Lead Defender position becomes vacant. the Deputy Defender will assume the role of Lead Defender until a suitable replacement is selected and confirmed.

. 504.4 University Defense Team

A Purpose

The Student Government Association seeks to provide students accused of Conduct Code, Academic Honesty Code, and University Housing Code violations with assistance in navigating the Student Conduct Process. The Student Government Association recognizes a need to provide assistance to students

accused of violations going through the conduct, academic honesty, and housing processes. Therefore, the Student Government Association will facilitate the University Defense Team to assist students in this process.

B. Composition

The University Defense Team will consist of the Lead Defender. the Deputy Defender, and any additional Assistant Defenders as needed. The Lead Defender. Deputy Defender. and the Chief Justice of the Supreme Court will determine the number of Assistant Defenders necessary to maximize the University Defense Team's performance.

Assistant Defenders

Assistant Defenders must: Be at least second-year law students; Have taken or currently enrolled in professional responsibility; and be in good academic standing with the University. Open Assistant Defender positions will be publicized on the Student Government website for two weeks before the positions are eligible to be filled .

Applicants for Assistant Defender shall submit a resume and letter of interest to SGAsupremecourt@admin.fsu .edu.

The Lead Defender and Deputy Defender shall conduct interviews of the applicants and forward a recommendation to the Chief Justice. who will make the final determination.

C. Training

All members of the University Defense Team must attend a training· session with a University official prior to advising students.

The Chief Justice of the Supreme Court will designate the appropriate university official each school year.

Members of the University Defense Team must demonstrate a working knowledge of the University's Student Conduct Code and Academic Honor Policy.

The Chief Justice of the Supreme Court will be responsible for testing this proficiency.

D. Responsibilities

The University Defense Team shall assist students accused of violations of the Student Conduct Code, Academic Honor Policy, University Housing Code or Student Government rules and regulations. The University Defense Team shall: Inform charged students that the University Defense Team consists of volunteer law students not lawyers.

Have all charged students sign the acknowledgment of rights form prior to advisement. Advise students of their rights under the University or Student Government Rules and Regulations applicable to their case. Assist students in navigating the Student Conduct Code, Academic Dishonesty, University Housing, or Student Government Processes. Assist students in preparing defenses and presenting arguments. Advise students of potential penalties they may receive from the hearing body. Assist students with appeals from hearing body decisions.

E. Removal

All associate defenders serve at the pleasure of the Lead Defender and may be removed by the Chief Justice of the Supreme Court upon a showing of cause by the Lead Defender.