UNIVERSITY OF RICHMOND MOCK TRIAL CONSTITUTION AND BYLAWS ARTICLE I NAME The name of this organization shall be University of Richmond Mock Trial (the “Organization”). ARTICLE II PURPOSE The Organization shall be dedicated to advancing the trial advocacy skills of its members through participation in American Mock Trial Association (“AMTA”) competitions as representatives of the University of Richmond. ARTICLE III MEMBERSHIP 3.1 Tryouts. Prospective members must try-out in order to join the Organization. Tryouts shall be held with the purpose of selecting new members with the qualities and work-ethic to enhance the program.. (i) Timing. Try-out shall be held once a year, at the beginning of the University of Richmond academic-year. The exact date, time, and location of tryouts shall be at the sole discretion of the Program Director. (ii) Closed Tryouts. Each prospective member shall try-out before the Program Director, coaching staff, and the President and Vice President of the Organization. At their discretion, the Program Director may invite another returning member of the Organization as well. No other Members of the Organization shall be permitted to attend. These try-outs shall remain confidential, and evaluations of prospective members shall be kept confidential. (iii) Manner. A prospective member may sign up for a date and time that has been approved by the Program Director. The program shall make a reasonable effort to accommodate individual requests. Prior to try-outs, the Coaches and Executive Board shall host at least one information session for prospective members to attend. After attending one of these meetings, each prospective member shall be given a try-out packet with instructions for preparing a witness and attorney role and criteria for selection. (iv) Criteria for Selection of Members. Prospective members will be evaluated on their (i) preparation, (ii) presentation and (iii) persuasiveness. These loose criteria may be changed at the discretion of the Program Director and shall not require an amendment to the Bylaws. Any change in the evaluation metrics will be disclosed to any prospective member not less than seven (7) days before the tryout date.(v) (v) Selection. After try-outs, the tryout evaluators shall convene and select new members of the Organization. The Organization has no minimum or maximum amount of required selections per year. The evaluation will combine aggregate scores of each try-out and select members considering (i) the highest aggregate score, (ii) the number of available spots in the program, (iii) the Organization’s needs, and (iv) the potential for a prospective new member to meaningfully participate and fulfill the goals of the Organization during their time in the program. 3.2 Responsibilities of Members. (i) Meeting. The Organization shall meet at least twice a week for practice. Mandatory practices shall be held on Mondays and Thursdays during the academic year, from 7PM to 10PM. Coaches may, at their discretion, assign additional practices, and Members are expected to use their best efforts to attend. (ii) Participation in Tournaments. The Organization attends several tournaments in each semester. Members are expected to notify coaches at the beginning of each semester of any conflicts within the first week of practice. Members may not be absent from any of (i) the AMTA Regional tournament (ii) the AMTA Opening Round Championship Series (“ORCS”) or (iii) the AMTA National Championship Tournament (“Nationals”). Absence from any of these tournaments shall constitute forfeit to participate in any subsequent tournaments. The Program Director will make every effort to provide travel dates as early as possible. (iii) Absences. All absences must be reported to a Coach at least 12 hours before a practice. Not including absences related to an extended leave as further described in Section 3.2(iv), a Member may miss up to three (3) practices a semester related to prior commitments. Any absences related to a class or mandatory academic conflict shall not count towards this requirement, but must be discussed with a Coach. Any more than three absence from a practice, and an absence from more than one tournament per semester, shall be considered a violation of the Member’s responsibilities and may result in disciplinary action as per the terms of the below Section 3.2 (v), Section 3.3(ii)(c) and/or Section 5.1. (iv) Leaves of Absence. Each Member shall have the right to take a single semester-long leave of absence (this includes a leave of absence for study-abroad). Any member who leaves the team for longer than a semester, regardless of reason, shall have to reenter the program by trying out. This requirement may be waived by the Program Director. (v)Expectations. Members of the Organization are expected to: Give maximum effort during practices and tournaments, Complete tasks assigned by Coaches and/or team captains, Be on time and prepared for practices, Communicate in advance with coaches and teammates regarding absences and assignments, and Be engaged throughout practices. Failure to abide by these expectations can result in disciplinary action as described in Article V. 3.3 Considerations for Team Composition. Team assignments shall be directed at the sole discretion of the Program Director and coaching staff. (i) Number and Size of Teams. The number of teams shall be determined at the sole discretion of the Program Director at the beginning of each year, but there shall be at least one team each term (as defined in §3.3(ii)). The size of each team shall be at the sole discretion of the Program Director, though AMTA requires each team to have at least six members and no more than ten competing members. (ii) Split Terms. The competition year shall be divided into two Terms. During the First Term the program shall be divided into Mixed Teams and during the Second Term the program shall be divided into Stacked Teams. The Program Director shall have the sole authority to determine how to divide the year into each of the two Terms, and may consider the following conditions (i) academic calendar, (ii) tryouts, (iii) schedule of invitational tournaments. (a) First Term; Mixed Teams. During the First Term, the Program Director and coaching staff shall create teams of at least six members in a manner which best distributes experience and ability in an equal manner across teams, while also considering (i) roles, (ii) ability to attend invitational tournaments and (iii) allowing new and returning members to demonstrate their progress and abilities before the Second Term. (b) Second Term; Stacked Teams. During the Second Term, the Program Director and coaching staff shall create teams of at least six members in a manner which serves the goal of earning a bid to Nationals. The teams shall be organized according to abilities, with the strongest team being designated “A Team”, the next strongest being designated “B Team”, and so on. All teams shall proceed with the goal of earning a Nationals bid. i. Considerations. In assigning the Members to Stacked Teams, Coaches may consider a number of factors, including, but not limited to, the following: a. Performance at Competition. Coaches may consider performance at competitions, and are not limited to consideration of performance the same year. Analysis of Member performances includes Coaches’ opinions, judges’ scores, consistency, confidence, and improvement. b. Roles. Coaches may consider the ability of students to perform in certain roles, including performances as an attorney or witness, and specialization within each of those categories. Included in Roles is the needs of the competition teams for students who are able to excel in a role. c. Availability for Tournaments. Coaches may consider a Member’s attendance record for tournaments. d. Effort in Practice. Coaches may consider Members’ work ethic and effort in practice, including timely delivery of materials, demonstrated knowledge of the case, focus, and willingness to take on extra work to assist other members of the team. e. Sportsmanship. Coaches may consider team dynamics, including the competitor’s attitude at practice and competition, teamwork, and leadership. (c) Right to Restack Teams. The Program Director shall reserve the right to remove Members from any stacked team and move them to another stacked team based on the above considerations, whether that is to a stronger or weaker team. i. Opening Round Championship Series and Nationals. Should any team earn a bid to the next series of tournaments, (i.e., earning a bid from Regionals to ORCS or earning a bid from ORCS to Nationals), the Program Director shall, at that time, reserve the right to restack teams according to ability and performance with the goal of sending the team with the best chances of winning that tournament. (d) Roles on Teams. The Coaches of each team shall have the sole right to select roles for the Members on each team, to assign homework, and to select Team Captains. In selecting roles, Coaches may consider, but are not limited to considering; previous experience, preference, and the needs of the team. i. Team Captains. In selecting Team Captains, Coaches may consider, but are not limited to considering; organizational ability, relationships within the team, experience, and seniority. These Team Captains shall be chosen and announced when teams are assigned at the beginning of each term. Captains shall attend Captains’ Meeting before rounds, perform duties as directed by the Coaches, communicate the needs of the team to the coaching staff, aid in time management during practices, check in with team members to maintain progress, and generally act as an additional form of leadership for the fellow students on their team. At the discretion of the executive board and other team captains, Team Captains will be expected to meet throughout the semester to relay questions, concerns, and team progress. However, Captains shall not exercise any formal authority without the approval of the executive board and coaching staff. No member may be forced to serve as Captain. ARTICLE IV EXECUTIVE BOARD 4.1 Executive Board Membership (i) Responsibilities of Members. (a) President. The President’s responsibilities include: acting as a representative of the team for the purposes of recruitment (including SpiderFest and prospective team member information sessions), the evaluation of prospective team members, and acting as a liaison to the coaching staff and university (including booking university transportation when necessary.) The president shall delegate executive responsibilities to fellow members of the board, as well as communicate with the Executive Board, Team Captains, and Team Members as they see fit. (b) Vice President. The Vice President’s responsibilities include: assuming the president’s responsibilities when the president is not available or should the president step down. The Vice President shall primarily aid the president in carrying out the President’s aforementioned responsibilities. (c) Executive Committee. The Executive Committee’s responsibilities include: carrying out tasks delegated to them by the President, aiding in recruitment efforts (including SpiderFest and prospective team member information sessions), managing social media accounts, managing merchandise orders, organizing team events outside of practices, as well as acting as a resource for fellow team members to relay questions and concerns. 4.2 Elections (i) Eligibility. Any Member may run for office on the Executive Board, unless they will be unavailable to perform their duties during the term in which they seek to obtain office. (ii) Time. Elections shall be held at time determined at the sole discretion of the Program Director, but shall occur during the period between the last competition and the end of the academic year. (iii) Manner. Candidates must be nominated to the position which they seek to obtain. Candidates may nominate themselves for office. Nominations shall be submitted at least one week before election. Elections shall proceed first with the election for the office of President. Each candidate for President may, but shall not be required to, deliver a brief speech (no more than 3 minutes) detailing the merits of their candidacy and their platform for office. At the conclusion of all speeches, all present Members shall vote. Each member shall cast one vote for President. The votes shall be counted, and the candidate who earns the simple majority of votes shall be named President. In the event no candidate for President earns a simple majority of votes, a run-off election between the candidates with the two greatest number of votes shall proceed and each present member shall cast one vote for President. Any candidates who lose the race for President shall be granted the right to run for Vice President. After the vote for President concludes and the winner is announced, elections shall proceed with the election for the office of Vice President. Each candidate for Vice President may, but shall not be required to, deliver a brief speech (no more than 3 minutes) detailing the merits of their candidacy and their platform for office. At the conclusion of all speeches, all present Members shall vote. Each member shall cast one vote for Vice President. The votes shall be counted, and the candidate who earns a simple majority of votes shall be named Vice President. In the event no candidate for Vice President earns a simple majority of votes, a run-off election between the candidates with the two greatest number of votes shall proceed and each present member shall cast one vote for Vice President. Any candidates who lose the race for Vice President shall be granted the right to run for Executive Committee. After the vote for Vice President concludes and the winner is announced, elections shall proceed with the election for the Executive Committee. Each candidate for the Executive Committee may, but shall not be required to, deliver a brief speech (no more than 3 minutes) detailing the merits of their candidacy and their platform for office. At the conclusion of all speeches, all present Members shall vote. Each member shall vote for three candidates for Executive Committee. The votes shall be counted, and the three candidates with the most votes shall be named Members of the Executive Committee. In the event of a tie, a run-off election between the candidates with the greatest number of votes shall proceed and each present member shall cast one vote for President. (iv) Terms of Office. Each Executive Board Member shall serve a term beginning immediately after elections and ending immediately after next election, serving the term of approximately one calendar year. (v) Removal of Executive Member. Any Executive Board Member may be removed from office if he or she fails to uphold the Bylaws and/or fails to carry out his or her duties under Section 4.1) of this Agreement. (vi) Vacancy. In the event of a vacancy in the Executive Board, whether elective or by removal pursuant to Section 3(E) of these Bylaws, the Program Director will call a special election. ARTICLE V REDRESS OF GRIEVANCES 5.1 Removal of Members or Coach. (i) Mock Trial is an inclusive activity and Article V is in place so that it may remain that way. Discrimination and harassment on the basis of race, religion, national or ethnic origin, age, sex, sexual identity, gender identity, gender expression, disability, status as a veteran or any classification protected by local, state or federal law is prohibited and will not be tolerated at the University of Richmond. (ii) Grounds for Removal. The following constitute as grounds for removal of a Member or Coach. (a) Violations of University Policy. Any violation of applicable policies instituted by the University of Richmond (“University Policy”). (b) Violence. Any act of violence, force, coercion, threat, or intimidation that includes, but is not limited to: i. Physical abuse of or assault upon any person; ii. Conduct that threatens, intimidates, or endangers the health or safety of any person; iii.Physical detainment of any person against their will; or iv. Possession, storage, use of, or attempt or threat to use any kind of ammunition, explosives, firearms, or weapon. (c) Harassment. i. Discrimination and Harassment a. Any discrimination against prospective members, students, faculty, or staff on the basis of race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity, gender expression, disability, status as a veteran or any classification protected by local, state, or federal law. Discrimination is inequitable treatment by a Coach based on an individual’s protected status, that limits or denies an individual's opportunity to participate in the Organization. b. Any form of harassment against another Member or Coach based on race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity, gender expression, disability, status as a veteran or any classification protected by local, state, or federal law. Harassment is unwelcome conduct directed against an individual based on that individual’s protected status, that is sufficiently severe or pervasive such that limits or denies an individual's opportunity to participate in the Organization. ii. Hazing a. Any intentional or reckless act or conduct that, as in connection with or for the purposes of for initiation to, admission into, affiliation with, or continued membership in the Organization that (a) inflicts bodily injury or endangers the health or safety of an individual; (b) causes mental distress to an individual through, for example, humiliating, intimidating, or demeaning treatment; (c) encourages or requires the destruction or removal of public or private property; (d) encourages or requires the consumption of alcohol, other drugs, or other substances; or (e) violates applicable laws. iii.Retaliation a. Any retaliation or retribution, in any form, against any Member or Coach who reports, in good faith, an actual, potential or suspected issue regarding compliance with these Bylaws and University Policy. (d) Sexual Misconduct. Any violation of the University’s Policy Prohibiting Sexual Misconduct including: i. Sexual Harassment under Title IX; ii. Sexual Harassment (non-Title IX); iii. Sexual Assault; iv. Non-Consensual Sexual Intercourse (NCSI); v. Non-Consensual Sexual Contact (NCSC); vi. Stalking; vii. Dating Violence; viii. Domestic Violence; ix. Sexual Exploitation; and x. Sexual Violence. (iii) Reporting Violations. If any Member or Coach observes or learns of an act of another Member or Coach which meets any of the Grounds for Removal outlined in Section 5.1(i) of the Bylaws he or she should submit a report, in writing, to the Program Director.The Program Director will meet with the complainant Member within seven (7) days. (iv) Procedure for Removal of a Member. Upon receipt of a report, the Program Director shall conduct an investigation into the report. The Program Director, at his or her discretion, may include any and all coaches in the investigative process. The reporting member’s identity shall be kept confidential unless doing so would prevent an investigation. If the investigation does not find a violation, the Program Director will notify the complainant Member within seven (7) days after the investigation has concluded. If the investigation discovers a violation of under subsection ii, the Program Director will notify the accused Member. The accused Member will have seven (7) days to provide, in writing, a response to any allegations against the accused Member. After receipt of a written response, the Program Director will set a hearing. The accused will have at least seven (7) days notice prior to the date of the hearing. The review panel will consist of 1) the program director, 2) at least one coach of the accused’s team, 3) one additional coach, and 4) the Executive Board President. If the Executive Board President is the accused, then the Vice President will attend. At the hearing, the Review Panel must present the Member with evidence of the charges while protecting, where possible, the identities of any Members or Coaches who filed the report or submitted evidence. The Member has the right to address the Review Panel in their defense, present evidence, and call witnesses. If the Member does not attend the meeting despite the Reviewing Committee's efforts, their right to defense shall be considered waived. After the accused Member has exercised or waived their right of defense, they shall exit the room. The Review Panel will then deliberate and conduct a roll call vote. Unanimous consent of the Review Panel is required to remove a Member from the organization. The complainant Member will be notified of the results of the hearing within seven (7) days after a determination is made. (v) Procedure for Removal of a Coach. Upon reviewing the report, the Program Director may call a hearing to remove a Coach. The Review Panel will be made up of the same category of individuals as listed in subsection iv. The Review Panel must provide the Coach with at least seven (7) days' notice of the upcoming hearing. The hearing shall be closed. The Reviewing Panel for a coach’s hearing shall consist of 1) the Program Director, 2) the longest tenured coach who is not the Program Director, and one additional coach selected by (1) and (2). If the Program Director is the coach under review, the longest tenured coach who is not the program director shall call the hearing and select the additional two coaches to make up the Review Panel.The Coach who was reported shall not count towards the quorum or be a member of the Review Panel. At the hearing, the Review Panel must present the Coach with evidence of the charges while protecting, where possible, the identities of any Members or Coaches who filed the report or submitted evidence. The Coach has the right to address the Review Panel in their defense, present evidence, and call witnesses. If the Coach does not attend the meeting despite the Review Panel's efforts, their right to defense shall be considered waived. After the Coach has exercised or waived their right of defense, they shall exit the room. The Review Panel will then deliberate and conduct a roll call vote. Unanimous consent of the Review Panel is required to remove a Coach from the organization. (vi) Additional Measures. Any violations under §5.1(a) may be reported to the University by any party by filing a complaint in writing to the appropriate dean of the College or School. Any violations under §5.1(b-d) must be reported to the University. Any Coach which becomes aware of such a violation must file a complaint in writing to the appropriate dean of the College or School. If the Student believes any Member or Student has committed a violation under §5.1(b-d), they may report the violation with the University. 5.2 Lesser Offenses. Failure to abide by the Responsibilities of Members in 3.2 (v) shall result in one or more of the following: 1) verbal warning from a coach, 2) written warning from coach, 3) verbal warning from program director, 4) written warning from program director, 5) loss of role(s) on team, 6) loss of position on team, 7) probation from practices, 8) probation from competitions, 9) exclusion from AMTA-sanctioned tournaments (Regionals, ORCS, Nationals), and/or 10) removal from program. Disciplinary actions 1-10 are not meant to be a progression. Coaches and/or the Program Director may accelerate disciplinary actions based on the nature of the violation. No loss of role, loss of position, probation, removal, or exclusion may take place without written documentation from the coaching staff. Any action other than verbal or written warnings will require a meeting between Member, team coach(es), and Program Director. Members will have the opportunity to be heard prior to disciplinary actions 5-10. Removal from the program due to failure to abide by Organization expectations will be handled via the process outlined in 5.1 above. 5.3 Other Grievances. Members shall have a right to address other grievances, including, but not limited to (i) conflict with other Members, including, but not limited to disrespectful behavior and/or offensive conduct, (ii) conflict with Coaches, and (iii) concern for the health or well-being of another Member. (i) Procedure for Addressing Grievance. If a Member has a grievance, he or she should first bring his or her concern to his or her team captain, or a member of the Executive Board. If neither of these recourses is appropriate to the grievance, then he or she may submit a report in writing to their team’s coach stating his or her grievance and requesting a closed meeting to address it. If this recourse is not appropriate, then he or she may submit a report in writing to the Program Director. The Program Director or coaches must grant his or her petition and meet as soon as possible. The petitioner and all parties involved in the petitioner’s grievance shall be permitted to attend the meeting and be heard. The Program Director or coaches, at their sole discretion, may permit only certain involved parties to be present for any one portion of the meeting, but each party has the right to be heard. Coaches shall have the sole discretion to determine appropriate remedial action. ARTICLE VI UNIVERSITY POLICY 6.1 Compliance with University Policy. This organization shall abide by all applicable policies instituted by the University of Richmond. ARTICLE VII AMENDMENTS 7.1 Procedure for Amendment to Bylaws. An amendment to these Bylaws must be first presented to the Program Director. The Program Director will present the proposed amendment to the full coaching staff for notice and comment. The notice and comment review period will last at most 30 days. After the notice and comment section, any proposed alterations to the amendment will be returned to the submitting Member(s). The submitting Member(s) shall have an additional 21 days to either agree, alter, or reject the alterations. At that time, the amendment and its proposed alterations (whether rejected or adopted) will be presented to the full Executive Board. An amendment to these Bylaws shall be adopted by a 3/5 majority vote of the Executive Board. ARTICLE VIII PARLIAMENTARY AUTHORITY 8.1 Parliamentary Authority. These bylaws shall be ratified by a simple majority of the Coaches and a 3/5 majority of the Executive Board.