SA: Resolution 40: Creation of the University Student Supreme Court (1)

Sponsored by: Ulysses Smith ‘13

Whereas, the Student Assembly is the governing body of all undergraduate students and is charged with addressing all matters of interest or concern to the student body;

Whereas, sometimes the initiatives of the SA do not adequately reflect the will of the student body;

Whereas, there is currently no realistically feasible method for students to contest the actions or decisions of the SA;

Whereas, there is currently no reasonably feasible method for students to hold their representatives accountable if they feel that their representative is not performing his or her specified duties;

Whereas, the SA’s handling of its own judicial affairs and adjudicating matters related to the legislation it is charged with creating and enforcing leads to an inevitable conflict of interest;

Be it therefore resolved, that Article II, Section 4 of the Student Assembly Bylaws be amended to read as follows:

Section 4: Recalling officers

• A. two-thirds vote of the voting membership of the SA may vote to recall any officer of the SA from his or her office for being unable to execute the duties of his/her office or for violating the governing documents of the Student Assembly. Should there be a dispute regarding the reasons for recalling an officer, the issue will be resolved through a formal hearing before the Student Supreme Court.

Be it finally resolved, that Article VIII be inserted into the Bylaws and all subsequent bylaws be renumbered accordingly:

Article VIII: University Student Supreme Court

The University Student Supreme Court (USSC) shall serve as the judicial branch of the Student Assembly and shall be the highest judicial authority thereof. The Court shall be housed in the Office of the Dean of Students as a student organization.

Section 1: Authority of the Court — The Court shall be the main appellate body utilized in cases of disagreement with the actions and decisions of the Student Assembly. A general student or a member of the SA may call for an appeal and formal hearing if they feel the Student Assembly unjustly rendered a decision on a piece of legislation or action. The Court shall also have jurisdiction to hear and enter judgment in suits brought against students, student organizations, and student governing bodies, by other students, student organizations or student governing bodies of Cornell University. The judicial power of the USSC shall extend to the following controversies:

• Matters of the recall voting (see Article II, Section 4)
• Matters of interpretation of the SA Charter and bylaws
• Matters of contested elections, in extreme cases where the Elections Committee decision is flawed.
• Matters concerning organizations when referred to the Court by the units of the University, or when petitioned by the SA or an individual student.
• Other matters arising under the bylaws or actions of the Student Assembly

Respectfully Submitted,

Shiva Bhargava ‘13
Committee Member

Eliza Kuzmenko ‘17
Committee Member

Elsie Liaros ‘14
Committee Member

Elaine Lin ‘13
Committee Member

Scott Seidenberger ‘16
Committee Member

Rebecca Sharma ‘13
Committee Member

Gillian Trimber ‘13
Committee Member

Nicholas Vasko ‘15
Committee Member

Ulysses Smith ‘13
Vice President of Diversity & Inclusion

(Reviewed by: Residential & Community Life Committee, 3/5/2013)

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