Cuesta College Student Life & Leadership: ASCC Bylaws

Judicial Council Bylaws

Purpose

To resolve within the provisions of this Constitution any complaint by a student regarding a matter that adversely affects his/her rights and assist with due process.

Section 1.

Membership

The membership of the Judicial Council shall consist of five (5) active members, four (4) alternates, all of whom are currently enrolled Cuesta College students, one non-voting Secretary-Justice, and an appointed staff person as advisor.

Clause 1.

At no time shall any court have more than two (2) justices who hold membership in the same organization on campus, except honorary scholastic organizations, and no justices shall hold office in any campus organization. (Reference ASCC Constitution, Article VI, Section 3.)

Clause 2.

Justices shall carry an overall cumulative GPA of 2.0 or better at the time of their appointment and during their entire tenure, and be in good standing according to Title V, Education Code, and shall not be placed on progress probation at any time during their tenure. (Reference ASCC Constitution, Article III, Section 6.)

Section 2.

Powers

Clause 1.

The Judicial Council shall have the appellate jurisdiction over the following matters:

Clause 1.a.

Complaints against the Student Senate and/or its authorized representatives.

Clause 1.b.

Interpretation of the Associated Students Constitution, bylaws, rules, policies, or regulations.

Clause 1.c.

Complaints against any student or student organization.

Clause 2.

The Judicial Council shall have the right to review complaints against the Cuesta College staff and may submit the complaint to the Vice President of Student Services.

Clause 3.

When there is a conflict of interest, members must step down from the proceedings.

Clause 3.a.

Conflict of interest. A conflict of interest is defined as a conflict between the private interests and the official responsibilities of a person in a position of trust.

Clause 3.b.

Must ask of each other: Do you have any interest in this case?

Clause 3.c.

Three (3) alternate members will be available for each case, but will not have a vote on any decision unless they are chosen to sit on the case.

Section 3.

Term of Office

Justices shall hold their office as long as they are a regular, continuing student at Cuesta College, and maintain a minimum of nine (9) units each semester. (Reference ASCC Constitution, Article III, Section 5.)

Section 4.

Procedures

The Judicial Council shall operate according to the bylaws of this Constitution which shall provide for the following steps:

Clause 1.

First step: Informal Discussion. The student shall first attempt to resolve the dispute on his own by informal discussion with the person(s) directly involved in the complaint.

Clause 2.

Second step: Executive Cabinet of Student Senate. The Executive Cabinet shall hear the complaint and meet with the Student Senate Grievance Committee to investigate remedies prior to bringing it to the proper authoritative body (i.e., the Student Senate, Clubs Commissioner meetings, or the Judicial Council.)

Clause 2.a.

Student Senate. In the event that the dispute does not directly relate to a Student Senate member or members, the Grievance Committee shall first bring the complaint to the Student Senate for deliberation.

Clause 2.b.

Clubs Commissioner Meetings. If the dispute directly relates to a student organization, the Grievance Committee shall first bring the complaint to the Clubs Commissioner meetings for deliberation.

Clause 2.c.

Judicial Council. In the event that the dispute cannot be resolved through the Grievance Committee, Student Senate, or InterClub Council, the complaint shall go to the Judicial Council for a hearing.

Clause 3.

Third step: Associated Students Judicial Council Hearing. TheJudicial Council shall conduct a complaint hearing and render a decision to the Student Senate, the InterClub Council, or the Vice President of Student Services.

Clause 3.a.

The decision made by Judicial Council regarding the issue in debate must specifically state, and submit in writing, the verdict rendered, the action imposed, and the effective date of the imposed action.

Clause 4.

Fourth step: Cuesta College Vice President of Student Services. In the event the issue is not satisfactorily resolved by the Associated Students Judicial Council hearing, the complainant may appeal the decision to the Vice President of Student Services only if there is evidence that due process did not occur.

Clause 5.

Fifth step: Appeal to the Board of Trustees. If the issue is not satisfactorily resolved by the preceding steps, the decision of the Vice President of Student Services may be appealed to the S.L.O.C.C.D. Board of Trustees.

Section 5.

Meetings

The Judicial Council may meet whenever it is deemed necessary by the presiding officer.

Section 6.

Quorum

A quorum shall consist of a three-fifths (3/5) majority of the voting members.

Section 7.

Majority Vote

A three-fifths (3/5) majority vote of the members voting shall determine its decision.

Section 8.

Presiding Officer

The presiding officer, known as the Chief Justice, shall be selected from the voting membership of the Judicial Council at the last meeting of the academic year.

Section 9.

Advisor

The designate of the Vice President of Student Services shall be the advisor of the Associated Students Judicial Council.

Section 10.

Abstaining Votes

The presiding officer of the Judicial Council may determine a conflict of interest and request a member to abstain from voting.