Proposed Judicial Code for UNL Student Court

 

                      

All cases heard by the Student Court shall be governed by the following procedures and policies contained in this JUDICIAL CODE.

ARTICLE 1: PURPOSE AND PROVISIONS

1.1: Statement of Purpose

  1. The New Judicial Code of the Student Court of the University of Nebraska-Lincoln supersedes and repeals all previously existing Codes of this Court.
  2. It is the purpose of this New Judicial Code to a) address major deficiencies in the previous codes and modernize the Student Court as an institution within ASUN to better provide guidance to the other branches, and b) serve as a forum for addressing disputes between members of ASUN, RSOs, and the student body as a whole.

1.2: Student Rights and General Provisions

  1. This Code shall be known as the New Judicial Code of the Student Court and shall be cited as such or as the N. Jud. Code when shortened. Citations to parts of this code shall be shortened to the following: N. Jud. Code § Article.Section.Paragraph.Subsection(s).

a. To cite to this part of the Code, for example, write N. Jud. Code § 1.2.1.a.

  1. This Court shall exercise jurisdiction over all areas granted to it under the ASUN Constitution and Bylaws.
  2. The jurisdiction of the Court shall extend to matters of the trial of impeachment, matters of interpretation of the ASUN constitution, matters of contested elections, matters concerning organizations when referred to the Court by the University of Nebraska administration, the Senate, or an individual student, and other matters arising under the bylaws, or ordinances of the Senate, or the exercise of the powers of the President or Internal and External Vice Presidents.
  3. Any party knowingly presenting false or deceptive testimony, charges or evidence, concealing relevant facts or evidence from the Court, or harassing any Justice or officer of the Court shall be subject to official disciplinary proceedings of the Student Conduct Board upon referral by the Court.
  4. This Court shall operate under this Code’s rules of procedure. The Court does not operate under formal rules of evidence or civil procedure as they may exist in other jurisdictions. However, all parties presenting testimony or evidence to the Court must be able to prove the authenticity of such evidence when the Court deems it necessary. The Court is responsible for providing protection to all parties to the end that a fair, just and speedy determination of actions is accomplished.
  5. All parties appearing before the Court have the absolute right to a fair and neutral trial. This includes the right to have cases heard before fair and neutral justices.
  6. Parties are not required to be represented by third parties before the Court but may be represented by an individual of their choice. Representatives of parties must be

                      

presently enrolled at the University of Nebraska, excluding correspondence courses. Challenges to any person serving as a representative may be issued for good cause prior to the presentation of Petitioner's case. Representatives serve only as spokespersons for named parties to any action. Any party choosing to have a representative before the Court shall be accountable for the actions of their representative and shall be bound by the determination of the Court for any action taken by them.

  1. No Justice of this Court shall participate in any action in which such Justice is personally interested in the outcome of the case, has acted in such a capacity in the past so as to prejudice their objectivity in an action before the Court or has publicly announced a position on the specifics of a pending action prior to the rendering of a formal opinion by the Court.
  2. Participation by an interested Justice in a decision where properly objected to shall be grounds for appeal of the decision of the Court. Formal objections not made prior to the third (3rd) academic day following the Court’s opinion being published shall be considered to have been waived by the parties.
  3. Justices are not allowed to campaign for or run for any position in ASUN. Any Justice who wishes to run for a seat or campaign on behalf of someone seeking a seat within ASUN must resign from the Student Court.
  4. In no way is any person appearing before this Court to be considered or construed to be acting in the capacity of a lawyer, attorney-at-law, or engaging in the practice of law.
  5. The Student Court is not a court of law within the Judiciary of the United States, the State of Nebraska, or that of Lancaster County. Parties do not forfeit any rights they have in those jurisdictions by appearing before this Court. If any party has a serious legal dispute with the university, an RSO, ASUN, or another UNL student, they are advised to seek proper legal relief before a court of the United States or that of the State of Nebraska.
  6. The BURDEN OF PROOF shall be on the Petitioner when bringing up claims, and on the Respondent when bringing up counterclaims.
  7. The STANDARD OF PROOF shall be a PREPONDERANCE OF THE EVIDENCE (more likely than not) for cases not involving impeachment, and CLEAR AND CONVINCING (much more likely than not) for cases involving impeachment.
    1. Preponderance of the Evidence means evidence sufficient to make a claim more likely true than not true.
    2. Clear and Convincing Evidence means evidence that produces a firm belief or conviction about the fact to be proved.
  8. At the beginning of their appointment, the Chief Justice shall appoint the Advisor of the Student Court. The Advisor may be any non-student employee working in Student Life at UNL, but it is recommended to appoint the director of Student Legal Services as the Advisor.

                      

  1. At the beginning of their appointment, the Chief Justice shall appoint the Clerk of the Student Court. The Clerk may be any non-student employee working in Student Life at UNL, but it is recommended to appoint the Advisor of ASUN as the Clerk, who is appointed in accordance with Article V, Section 2(F) of the ASUN Constitution.

ARTICLE 2: PRE-HEARING PROCEDURE

2.1: Filing a Complaint

  1. When a PETITIONER has a dispute for the Student Court to resolve, they shall file a COMPLAINT. The complaint can be filed in the ASUN office during regular office hours and accepted by the Clerk of the Student Court or sent to the Clerk through their UNL email. The Clerk shall put their signature and initials on a paper copy of the complaint and shall also affix the date and time at which the complaint was filed for record keeping purposes.
  2. A complaint shall only be heard by the Court if the incident(s) relevant to the claim(s) made occurred between August 1st to July 31st of the current academic year.
    1. If the incident(s) relevant to the claim(s) made primarily occur during the period beginning thirty days prior to the conclusion of the Spring semester and the beginning of the subsequent Fall Semester, the complaint may be filed during the Fall Semester immediately following that period.
  3. A complaint is deemed valid if it contains the following:
    1. A heading. This indicates the action is before the Student Court, sets forth the names of the PETITIONER(s) and RESPONDENT(s) and identifies them as such. Copies of all prior complaints shall be maintained on permanent file with the Clerk for reference and shall be available for inspection during regular ASUN office hours.
  4. The date on which the complaint is filed.
  5. A short and plain statement containing the following:
    1. A summary of the essential facts relevant to the complaint being brought, which shall not contain unnecessarily inflammatory or irrelevant language. Such language may be struck by the Court or upon motion of any party;
    2. A statement of the grounds for the Student Court’s jurisdiction, which shall cite the relevant constitutional, special rules, or bylaw rights that the petitioner(s) assert are being violated by the respondent; and

iii.         A demand for the relief sought which the Court is empowered to provide.

  1. The names, signatures, and UNL email addresses of the petitioner(s), including those of their representative(s) if applicable.

                      

  1. If the petition is submitted by email, a digital signature or /s/ is an acceptable substitute. Any party before the Court has a duty of honesty to the Court; should the Court determine that any signature has been forged, the responsible party(s) shall be subject to official disciplinary proceedings of the Student Conduct Board upon referral by the Court.

e.         The names and UNL email addresses of the respondent(s).

  1. If any named party is a group or organization, or representing itself to be such, the complaint should include the name and UNL email address of its principal student officer and the name and UNL email address of the recognized advisor to such group. If the group or organization is the petitioner, the complaint shall be made in the name of the group or organization and shall be signed by one or more of its student officers.

2.2: Service of Notice

  1. After the petitioner(s) file a complaint, the Clerk shall deliver VALID NOTICE to the respondent(s), which shall be served as soon as possible. Notice shall consist of an email sent to the UNL accounts of the Chief Justice, the Advisor to the Student Court (if applicable), all petitioner(s), and all respondent(s). The email requires the following to constitute valid notice to the respondent(s) that a complaint has been made against them and that they are called on to respond:
    1. A statement that a complaint has been issued against them with the complaint attached. Any attachments must be in PDF format.
  2. A statement that they possess rights guaranteed to them under the ASUN

Constitution, Bylaws, and New Judicial Code.

  1. The disclaimers contained in N. Jud. Code §§ 1.2.4 through 1.2.8.
  2. Any information on timelines for the case that the Clerk deems necessary to

include.

  1. A warning that failure to respond to the complaint or attend the hearing(s) may result in a default judgment against them.
  2. Future submissions to the Court by either party, including but not limited to the ANSWER filed by the respondent(s), evidence, or motions to the Court, must be sent to the Clerk, who will issue notice to all parties. Notice shall consist of an email sent to the UNL accounts of the Chief Justice, the Advisor to the Student Court (if applicable), all petitioner(s), and all respondent(s). The email requires the following to constitute valid notice:
    1. A brief statement describing the contents of the submission with the submission attached. Any attachments must be in PDF format.
    2. Any further information on timelines for the case that the Clerk deems necessary to include.

2.3: Filing an Answer

  1. Upon receiving valid notice, the respondent(s) shall file an ANSWER to the complaint. The answer can be filed in the ASUN office during regular office hours and accepted by

          

the Clerk or sent to the Clerk through their UNL email. The Clerk shall put their signature and initials on a paper copy of the answer and shall also affix the date and time at which the answer was filed for record keeping purposes.

  1. An answer shall only be accepted before 5:00 PM of the fifth (5th) academic day after receiving notice of the complaint.
  2. An answer is deemed valid if it contains the following:
  3. A heading. This indicates the action is before the Student Court, sets forth the

names of the petitioner(s) and respondent(s) and identifies them as such.

  1. The date on which the answer is filed.
  2. A short and plain statement containing the following:
    1. A summary of the essential facts relevant to the answer being made, which shall not contain unnecessarily inflammatory or irrelevant language. Such language may be struck by the Court or upon motion of any party;
    2. A response to each of the petitioner(s)’s claims. This can take the form of a general denial, specific denials with explanations as to why, or admissions to any of the petitioner(s)’s claims.
  3. Any claims made by the petitioner(s) that are unaddressed in either the answer or amended answer shall be assumed to have been conceded and admitted by respondent(s).
    1. If relevant, any counterclaims to be made against the petitioner(s). The counterclaim shall not be considered as its own separate complaint or case and will be consolidated with the petitioner(s)’s claims.
  4. The names, signatures, and UNL email addresses of the respondent(s), including those of their representative(s) if applicable.
    1. If the answer is submitted by email, a digital signature or /s/ is an acceptable substitute. Any party before the Court has a duty of honesty to the Court; should the Court determine that any signature has been forged, the responsible party(s) shall be subject to official disciplinary proceedings of the Student Conduct Board upon referral by the Court.
  5. The names and UNL email addresses of the petitioner(s).
  6. If any named party is a group or organization, or representing itself to be such,

the answer should include the name and UNL email address of its principal

student officer and the name and UNL email address of the recognized advisor to such group.

  1. If the respondent(s) fails to submit an answer to the complaint or fails to respond to any claims or asserted facts, any such claims or asserted facts shall be deemed admitted by the Court.

2.4: Filing Amended Complaints and Answers

  1. Petitioner(s) are allowed to submit one (1) AMENDED COMPLAINT to the Clerk without Court approval.

          

  1. If petitioner(s) submit their free amended complaint before the respondent(s) submit an answer to the Court, the five (5) day deadline to submit an answer is reset and shall be extended until 5:00 PM of the fifth (5th) academic day after receiving notice of the amended complaint.
  2. If petitioner(s) submit their free amended complaint after the respondent(s) submit an answer to the Court, respondent(s) shall have until 5:00 PM of the third (3rd) academic day after receiving notice of the amended complaint to submit an amended answer.
  3. Respondent(s) are allowed to submit one (1) AMENDED ANSWER to the Clerk without Court approval.
  4. Parties may submit more than one amended complaint or answer to the Clerk if one of the following occurs:
    1. The respondent(s) include in their answer or amended answer a counterclaim. Petitioner(s) can submit to the Court one (1) ANSWER TO THE

COUNTERCLAIM(S). This special answer shall contain all of the necessary

elements that filing answers has.

  1. Consent is given by the opposing party. Only one individual needs to consent if there is more than one person or group on a party. Consent must be written and emailed to the Clerk, with the date and signature of the individual attached.
  2. The Court, by majority vote, authorizes an additional submission in the interest of fairness.
  3. Regardless of the above exceptions, parties are not allowed to submit complaints or answers, amended or otherwise, after the Court has received the Joint Hearing Adjustment form.

2.5: Filing Supplementary Documents

  1. As soon as reasonably possible following submission of an answer by Respondent(s), the Chief Justice shall email an ORDER to both parties compelling production of all documents, memos, papers, recordings, physical items, and other materials relevant to the case.

a.         Any items related to strategy, internal discussions about the case itself, or

opinions of the representatives regarding the case are considered work product

and exempt from disclosure to the Court and to the opposing party.

  1. Parties have three (3) academic days following notice of the emailed order to submit relevant materials to the Clerk, who shall ensure such documents do not contain any violations of FERPA or any local, state, or federal privacy laws before giving them to the opposing party.
  2. Should the Court determine that any party(s) have failed to disclose materials relevant to the case to the Court and to the opposing party, the responsible party(s) shall be subject to official disciplinary proceedings of the Student Conduct Board upon referral by the Court.

2.6: Mediation and Scheduling the Hearing

          

  1. At any time prior to the Hearing, either party or the Court upon its own motion to the parties can submit a REQUEST FOR MEDIATION to the Court and to the opposing party. If both parties agree to engage in a mediation session, the Chief Justice shall contact the UNL Law School to find a qualified student or professor mediator to schedule and moderate the session. If no mediators are available, the parties may work to mutually agree on an individual to serve as the mediator.
    1. Neither party has any obligation to request or accept a mediation session, and declining to take part in mediation shall not be considered by the Court when deciding the case.
  2. If mediation is successful, both parties shall submit a RESOLUTION AGREEMENT to the Court. The Chief Justice shall then dismiss the case with prejudice to ensure that neither party shall be allowed to issue a new complaint over the same issue(s).
  3. If neither party requests mediation, if one party rejects a mediation offer, or if mediation is unsuccessful, the Chief Justice shall proceed to work with all parties and the other justices to schedule the HEARING.
    1. The hearing shall be scheduled as soon as it is possible to allow all parties and their representative(s), along with as many justices as possible, to attend. The Chief Justice shall not unreasonably delay in scheduling.

2.7: Pre-Hearing Motions

  1. Prior to submitting the Joint Hearing Adjustment, both parties may submit any relevant pre-hearing MOTIONS. For efficiency purposes, all of a party’s Pre-Hearing Motions must be combined into one CONSOLIDATED MOTION and submitted in writing to the Court at least five (5) academic days prior to the scheduled hearing date.
  2. The opposing party to a consolidated motion shall be given the opportunity to OBJECT to one or more motions and shall be given one (1) academic day following notice of the opposing party’s motion to submit an objection.
  3. Pre-Hearing Motions shall be limited to the following topics and requests:

a.         Timelines and deadlines, including but not limited to:

  1. Changes to any sections or subsections beginning with “BY DEFAULT”; and

ii. Any requests for continuances, additional time during the hearing, and

rescheduling;

b.         Requests to extend the deadline for filing an answer to the complaint or

amended complaint;

  1. Permission to allow amending or supplementing any answer, complaint, or other document past the specified deadline;
  2. Changes to the hearing structure for accommodation purposes, such as a virtual hearing, remote witness appearance, or other reasons;

e.         Requests to sequester a witness and keep them from speaking to other

witnesses during the hearing;

                      

  1. Increasing or decreasing the number of witnesses, or admitting or excluding

particular witnesses;

  1. Increasing or decreasing the number of exhibits, or admitting or excluding

particular exhibits;

  1. Including a stipulation, or condition, on the case or hearing;
    1. Requests for compliance for production, including with regard to any disputes involving work product;
    2. Any pleadings related to conduct or procedure, including to strike inflammatory language, correct a party’s name, or clarify the complaint;

k.         Requests to recuse a Justice;

  1. If the motion is to recuse the Chief Justice, a majority vote shall be held among the Justices that are not the Chief Justice to determine if the motion should be granted.
  2. Requests to consolidate, merge, or sever a claim or counterclaim;
  3. Challenging the qualifications of a representative;
  4. Requests for a confidential hearing, or closing it to the public; and
    1. This motion shall only be approved by a unanimous vote of the full Court, and shall only be approved when both of the following occur:
      1. The moving party sufficiently alleges in their motion that the evidence is sensitive enough to justify keeping it from the public record and/or has a credible fear of harm should the hearing be kept open; and
      2. The Court believes that it is in the best interest of justice and

fairness to close the hearing to the public.

o.         Requests for dismissal for a lack of jurisdiction, standing, or a defective

complaint.

  1. The Chief Justice shall take such motions and objections by both parties under advisement and shall decide whether to accept or reject each motion no later than two (2) academic days before the hearing.

2.8: Submitting Joint Hearing Adjustments

  1. No later than one (1) academic day prior to the hearing, both parties shall jointly submit a JOINT HEARING ADJUSTMENT.
  2. Joint Hearing Adjustments may change time limits and other minor hearing procedures in any section of the Judicial Code beginning with “BY DEFAULT” for the scheduled hearing.
  3. If the parties mutually agree to the default hearing procedures, they shall submit the following statement to the Court: “The parties request that the hearing be governed under the default rules found in the New Judicial Code.”
  4. The Chief Justice may only deny the changes made in the Joint Hearing Adjustment if they believe that the changes would:

a.         Violate due process or unfairly prejudice one of both of the parties;

          

  1. Overly burden the Court; or
  2. Extend the hearing beyond three (3) hours from the time that the hearing is

scheduled to begin.

2.9: Submitting Witnesses

  1. No later than three (3) academic days before the scheduled hearing, party(s) shall submit a list of no more than three (3) witnesses to testify at the scheduled hearing to the Court.

a.         The list shall include the witnesses’ names, email addresses, and their school

designation (either a UNL student, faculty/staff member, or neither).

  1. Parties shall be given the opportunity to object to one or more witnesses and shall be given one (1) academic day following notice of the opposing party’s witness list to submit an objection. The Chief Justice shall decide to allow or strike the objected-to witnesses.
    1. Parties may note their objection to the Chief Justice’s decision on a witness’s admission in writing to the Court no later than one (1) academic day after the scheduled hearing, after which they are considered to have waived their right to appeal the Chief Justice’s decision.

b.         Once the Chief Justice has rendered their decisions on all objected-to witnesses,

they shall submit to the parties a unified witness list for their reference.

  1. In the interest of fairness and in consideration of the potential complexity of a case, the Chief Justice may, upon motion, allow an increase in the number of witnesses allowed by each party. The Chief Justice shall not be permitted to increase the witness list for one party and not the other.
  2. Parties shall not submit a witness who is a party member unless the party member consents to being a witness.
  3. Parties shall not submit a witness that is a party’s representative for any reason.

2.10: Submitting Evidence

  1. No later than three (3) academic days before the scheduled hearing, party(s) shall submit a list of no more than ten (10) pieces of evidence, known as EXHIBITS, to present to the Court at the scheduled hearing. In the interest of efficiency and time, an exhibit that is longer than ten pages long shall not ordinarily be accepted.
  2. Parties shall be given the opportunity to object to one or more exhibits and shall be given one (1) academic day following notice of the opposing party’s exhibit list to submit an objection. The Chief Justice shall decide to allow or strike the objected-to exhibits.
    1. Parties may note their objection to the Chief Justice’s decision on an exhibit’s admission in writing to the Court no later than one (1) academic day after the scheduled hearing, after which they are considered to have waived their right to appeal the Chief Justice’s decision.
    2. Once the Chief Justice has rendered their decisions on all objected-to exhibits, they shall submit to the parties a unified BILL OF EXHIBITS. Each exhibit shall be assigned a number and be referred to as Exhibit [NUMBER]. Parties and the

          

Court shall adopt the exhibit numbers during subsequent communications and during the hearing for ease of communication.

  1. In the interest of fairness and in consideration of the potential complexity of a case, the Chief Justice may, upon motion, allow an increase in the number of exhibits allowed by each party. The Chief Justice shall not be permitted to increase the exhibit list for one party and not the other.

ARTICLE 3: HEARING PROCEDURE

3.1: Hearing Guidelines

  1. The hearing shall ordinarily be open to the public. Any deliberations made between the Justices, however, shall be closed to the public.

a.         The hearing shall be closed to the public if the Court approves a pre-hearing

motion to close the hearing by an interested party.

  1. The hearing shall be conducted in person. The Chief Justice shall nevertheless have the power to conduct the hearing virtually if necessary and in the interest of fairness.
  2. The hearing shall be recorded with both audio and video using Zoom or another type of recording software, and the recording shall remain in the possession of ASUN. Any party wanting to have a transcript prepared from the recording must arrange for a certified court reporter, acceptable to the Court, to prepare it. The cost of such preparation rests solely with the party seeking a transcript.

a.         The recording shall remain in the sole hands of the court reporter until they

complete the transcript, after which point, it shall return to the possession of ASUN. No individual party shall be allowed possession of the recording at any time for any reason.

  1. The hearing shall be conducted by the Chief Justice as the PRESIDING OFFICER.
    1. If the Chief Justice is absent, the hearing shall be conducted by a Justice who has been appointed as a presiding officer for the hearing.
    2. If the Chief Justice has not appointed a presiding officer, the oldest Justice by age shall be designated as the presiding officer for the hearing.
  2. The presiding officer has the following responsibilities and authorities:

a.         The responsibility to make opening remarks and instructions;

  1. The authority to remove any individual at the hearing who is being disruptive and/or is causing unfairness to the proceedings of the hearing;
  2. The responsibility to oversee the conduct of the hearing and ensure that all

proceedings are properly following the New Judicial Code, and

  1. The authority to make closing statements.
  2. A majority of the Court shall be present at the hearing to constitute a quorum. The hearing shall not begin without a quorum.

3.2: Hearing Outline

                      

  1. The hearing, except as otherwise noted, shall be organized and conducted under the following format:
  2. Opening remarks and instructions by the Court;
  3. Party introduction statements;
  4. Petitioner’s case presentation;
  5. Respondent’s case presentation; and
  6. Closing remarks.
  7. In the interest of fairness, the Chief Justice may adjust the schedule as necessary.

3.3: Opening Remarks and Instructions by the Court

  1. Once all participants have taken their places, the Presiding Officer may deliver opening remarks and relevant instructions. Remarks may be as short or long as the Presiding Officer deems appropriate.
    1. Such remarks shall not contain any speculation or judgments on the outcome of the case or the conduct of the parties and their representatives.
  2. Following opening remarks, the Presiding Officer shall issue COURT INSTRUCTIONS to the parties.
    1. The following instructions shall be given: “During this hearing, all parties and their representatives, along with the justices, will be expected to follow all rules

and guidelines contained in the New Judicial Code. All parties and their

representatives also enjoy the rights guaranteed to them under the UNL Judicial

Code. When parties are before this Court, they are expected to behave

respectfully, uprightly, and not unbecoming of a student here at this university. I will not tolerate any conduct tonight that would jeopardize the due process and fairness rights of this hearing.  Anyone who does will be promptly removed from the hearing pursuant to my powers under the New Judicial Code, Article 3, Section 3.1.5(b). Are there any questions?”

3.4: Party Introduction Statements

  1. Parties shall be allowed to make an INTRODUCTION STATEMENT before the Court.
  2. BY DEFAULT, introduction statements shall be no longer than five (5) minutes for each party.
  3. BY DEFAULT, Parties are only allowed to have one (1) person give the introduction statement. This person can be a representative or a party member.
  4. Introduction statements shall not be unnecessarily inflammatory, offer speculation, or suggest conclusions as to a party’s conduct.
  5. BY DEFAULT, Petitioner(s) shall make their introduction statement first.

3.5: Party Case Presentations

  1. After both parties have given or have chosen to waive their introduction statements, they shall deliver their CASE PRESENTATIONS.
  2. BY DEFAULT, case presentations shall be no longer than twenty (20) minutes for each party.

                      

  1. BY DEFAULT, Parties are allowed to freely swap who is delivering their case presentation between their representative(s) and individual party members.
  2. BY DEFAULT, parties are able to organize and present their witnesses, arguments, and exhibits in any order.
  3. Arguments shall not be unnecessarily inflammatory, offer speculation, or suggest conclusions as to a party’s conduct.
  4. BY DEFAULT, Petitioner(s) shall deliver their case presentation first.
  5. When a party has finished their case presentation, they shall state to the court that they rest their case.

3.6: Witness Testimony and Examination

  1. During case presentations, parties may present a WITNESS and invite them to testify and receive examination by both parties.
  2. The party calling the witness shall question them first during DIRECT EXAMINATION.
  3. The following conduct is not allowed by the party or by the witness during Direct

Examination, and may be orally objected to by the opposing party:

  1. Leading questions that suggest an answer;
  2. Asking a speculative question of what a witness would have done or said;
  3. Giving an opinion, rather than a statement of fact;
  4. Answering a question based on what someone else orally told the

witness (known as hearsay);

  1. Asking a single question which contains two or more distinct questions within it;
  2. Asking a question unrelated to the case; and
  3. Asking or answering a question that is prejudicial to the opposing

party(s).

  1. If an objection is made, the Presiding Officer shall either sustain or overrule the objection.

c.         If no objection is made, the opposing party waives their right to appeal that

particular question or answer.

  1. The opposing party shall then question the witness during CROSS-EXAMINATION.
    1. BY DEFAULT, the opposing party is allowed to cross-examine a witness for no longer than five (5) minutes.

b.         The following conduct is not allowed by the party or by the witness during Cross-

Examination, and may be orally objected to by the opposing party:

  1. Asking a speculative question of what a witness would have done or said;
  2. Giving an opinion, rather than a statement of fact;
  3. Answering a question based on what someone else orally told the

witness (known as hearsay);

  1. Asking a single question which contains two or more distinct questions

within it;

  1. Asking a question unrelated to the case; and

          

vi. Asking or answering a question that is prejudicial to the opposing

party(s).

  1. If an objection is made, the Presiding Officer shall either sustain or overrule the objection.

d.         If no objection is made, the opposing party waives their right to appeal that

particular question or answer.

3.7: Closing Statements

  1. When both parties have rested their case, they shall be allowed to make a CLOSING STATEMENT before the Court.
  2. BY DEFAULT, closing statements shall be no longer than five (5) minutes for each party.
  3. BY DEFAULT, Parties are only allowed to have one (1) person give the closing statement. This person can be a representative or a party member.
  4. Closing statements shall not be unnecessarily inflammatory, offer speculation, or suggest conclusions as to a party’s conduct.
  5. BY DEFAULT, Petitioner(s) shall make their closing statement first.
  6. After both parties have given or have chosen to waive their closing statements, the Presiding Officer may deliver closing remarks. Remarks may be as short or long as the Presiding Officer deems appropriate.
    1. Such remarks shall not contain any speculation or judgments on the outcome of the case or the conduct of the parties and their representatives.
  7. The Presiding Officer shall then explain the future timeline of the case, including how long the Court may deliberate and when a written opinion will be released.
  8. The Presiding Officer shall then dismiss the Court and parties and end the hearing, orally noting the time and date at which the hearing ended. The Court will then adjourn into deliberations.

ARTICLE 4: POST-HEARING PROCEDURE

4.1: Court Deliberation and Decision

  1. The Court shall then retreat to a separate room to convene for DELIBERATION and rule on the case.
  2. Deliberation shall be closed to the public.
  3. Exhibits, witness statements, and party statements shall be the only pieces

considered by the Court when rendering its decision.

  1. For every claim and counterclaim issued by the parties, the Court shall note, by open ballot, the side or position that each Justice has taken.

a.         Only Court members who were present during the hearing shall be able to vote.

  1. The Court may vote, by a majority of present members, to continue deliberations either virtually or in person at a later date.
  2. When final votes are taken, a written opinion shall be made.

                      

  1. If the Chief Justice is in the majority or plurality, they shall choose who writes the opinion.
  2. If the Chief Justice is not in the majority or plurality, the oldest Justice by age in the majority or plurality shall choose who writes the opinion.

c.         If any Justice agrees with the majority, but disagrees on the majority’s reasoning,

they may write a CONCURRING opinion explaining their position. Concurring opinions are due at the same time as the majority or plurality opinion.

  1. If any Justice disagrees with the majority, they may write a DISSENTING opinion explaining their position. Dissenting opinions are due at the same time as the majority or plurality opinion.

e.         If there is an even number of Justices on the Court, and a tie occurs, the Court

shall dismiss the case with prejudice and act as if no case had occurred.

  1. Only majority opinions are binding on the parties. If the Court rules in favor of one party, but no majority of justices join a single opinion explaining their reasoning for the ruling, the ruling shall be binding on the parties, but the opinion shall not be cited as precedent in future cases.
  2. The Court shall give its written opinion no later than seven (7) academic days after the scheduled hearing date.
    1. The Court, by unanimous consent, may extend this deadline, but no later than the end of the current academic year’s spring semester.
  3. The majority or plurality opinion and any dissenting or concurring opinions shall be consolidated into one document and distributed to the parties and the public.
    1. Parties to the case shall be notified and receive the case opinion first. The Daily Nebraskan, if interested, shall receive the case opinion second, followed by any other media outlet and the general public.
  4. The opinion shall be kept by the Clerk on permanent file with ASUN. Any petitions, answers, written documents, and other materials shall be preserved with ASUN by the Clerk for at least five (5) years.
  5. If the Election Commission issues a ruling during an ASUN election and the decision is appealed, the Student Court shall be the appellate body.

a.         As soon as possible, the Chief Justice shall assemble the Justices to consider the

submitted body of evidence and arguments given to them by the Election

Commission.

  1. The Justices shall follow the deliberation and procedural rules found in N. Jud. Code §§ 4.1.1 through 4.1.5 and 4.1.7.

c.         When making a ruling, Justices shall ensure that any decisions are aligned with

the ASUN Constitution, Bylaws, Special Rules, Judicial Code, and the Election

Rules.

  1. The Court shall give its written opinion no later than five (5) days after its deliberation.

4.2: Appeal of Student Court Decisions

                      

  1. If any party is dissatisfied with the judgment of the Student Court or believes that elements of the case were not conducted appropriately, that party has the right to appeal the decision.
  2. The 1980 Senate, through legislation, has designated the University Appeals Board as the appellate body for the Student Court.
  3. The appeals process shall follow the process described in Section IV, Part H of the University of Nebraska Student Code of Conduct. All instances of “conduct officer” shall be replaced with the party against whom the appeal is being sought. All instances of “Respondent” shall be replaced with the party that is appealing.
    1. If both parties are seeking an appeal, the party that the Court mainly sided with shall be designated as the APPELLANT, and the party that the Court mainly sided against shall be designated as the APPELLEE. All claims and cross-claims shall be consolidated into a single appellate case to decide on all relevant claims of error.
  4. Appeals to the Appeals Board may only be brought based on the following grounds:
    1. The evidence presented at the hearing was insufficient to allow a reasonable person to conclude that the claims made were true by a preponderance of the evidence;
      1. If the case is an impeachment, the standard shall instead be clear and convincing evidence;
  5. The Court’s sanctions or relief was clearly excessive in the totality of the

circumstances; or

  1. The Court or any member of the Court failed to follow the procedures found in

the Judicial Code, the Constitution, the Bylaws, the Special Rules, or (if applicable) the Electoral Code, and as a result of such failure(s), there is a

substantial likelihood that the decision made was wrong.

  1. Appeals shall be filed within ten (10) academic days of the Court’s written decision.

ARTICLE 5: ALTERNATIVE COURT PROCEDURES

5.1: Injunctive Relief

  1. If a party believes that an opposing party’s conduct is sufficiently damaging as to warrant immediate action by the Court, when they file their initial complaint, they may also file a PETITION FOR INJUNCTIVE RELIEF.
  2. Injunctive relief shall be limited to issues and remedies arising under the rights and responsibilities of the ASUN Constitution, Bylaws, Special Rules, and Judicial Code.
  3. The Petition for Injunctive Relief shall contain the following:
  4. A short summary of the relevant facts from the initial complaint;
  5. A brief description of the respondent’s immediately damaging conduct;
  6. An allegation of the risk of imminent and obvious irreparable harm if the

respondent’s conduct is not restrained; and

                      

d.         A showing that the petitioner(s) are likely to win on the merits of the full case.

  1. The respondent(s) shall be notified of the petition. As soon as it is possible, the Chief Justice shall schedule an in-person or virtual hearing. One petitioner and one respondent may be present at the hearing. If action is required before a respondent is able to attend, the Court may hear the presentation of the petitioner and upon proper cause issue a temporary injunction.
    1. Any order issued without a respondent present at the emergency hearing shall not be effective for more than forty-eight (48) hours unless extended by further action of the Court.
  2. A reasonable attempt to contact all Justices shall be made for a full assembly of the Court. If relief is required before the Court may be assembled, the Chief Justice, upon proper grounds, may grant or deny preliminary action.
  3. If temporary relief is granted by the Chief Justice, that order shall become effective upon notice to the respondent(s) and shall be effective for no more than one (1) academic day or until the entire Court can act, whichever is shorter. If temporary relief is denied, the Clerk shall assemble a majority of the Court at the earliest possible time to hear the issue.
  4. In hearing motions for immediate relief, the factors to be considered are the permanence or irreparability of the harm, the attendance of a respondent, and the timing of the action and the relief sought. Petitioner(s) have the burden of proof to demonstrate to the satisfaction of the Court that the relief is appropriate and that immediate action is the only reasonable alternative.
  5. If the Court finds that immediate relief is not appropriate, the Court may meet to determine whether the petitioner’s complaint has any merit. If the Court finds that the complaint lacks any merit, the petitioner(s) shall be subject to official disciplinary proceedings of the Student Conduct Board upon referral by the Court.

5.2: Declaratory Judgments

  1. Any student, group or organization who needs a clarification of any provision of the Constitution, Senate legislation, or other statutory or procedural provision within the jurisdiction of this Court may ask for a DECLARATORY JUDGMENT.
  2. A petition for declaratory judgment shall contain:
  3. The name of the student, group or organization filing the request;
  4. A citation to the section(s) that require clarification; and
  5. The issue(s) that require a declaratory judgment.
  6. All Declaratory Judgment actions shall be answered by written opinion of the Court.
  7. The Court has discretion as to whether to hear any petitions that involve a hypothetical situation.
  8. All declaratory judgments are advisory only.

5.3: Electoral Commission Disputes

  1. If an ASUN electoral candidate running for any position believes that the Electoral Commission Rules violate the ASUN Constitution, Bylaws, or Special Rules, or believes

          

that the Electoral Commission has taken actions that violate the rules contained in such documents, they or their campaign may file an ELECTION COMPLAINT against the Electoral Commission.

  1. An election complaint shall only be heard by the Court within the General Election Calendar dates specified in Appendix II of the Electoral Commission Rules.
    1. If an election complaint is made during a Special Election, the Chief Justice shall convene with the petitioner and Electoral Commission chair as soon as possible in person or virtually to determine relevant deadlines for both parties during the case.
  2. Electoral Commission Disputes shall follow the procedural rules and guidelines contained in this N. Jud. Code, Arts. 2, 3 and 4, subject to the following exceptions:

a.         Amended complaints and answers shall not be accepted unless necessary to

prevent serious injustice.

  1. Any mention of deadlines and timelines shall not be followed for an Electoral Commission Dispute. Timelines and deadlines shall be changed to the following:
    1. Any deadlines of five (5) academic days or longer shall be shortened to three (3) academic days.

ii.         Any deadlines below four (4) academic days shall be shortened to one (1)

academic day.

  1. Regardless of the above changes, if the Chief Justice determines that ongoing judicial proceedings would interfere with the democratic process of the election, they may call for a majority vote among the Justices to shorten all deadlines to one (1) academic day.
  2. If there is an even number of Justices on the Court, and a tie occurs, the Court shall dismiss the case with prejudice and act as if no case had occurred.

5.4: Impeachment Process

  1. Impeachment Authority. Pursuant to the Constitution the Student Court has the judicial power to hear Trials of Impeachment. The purpose of this article is to clearly and concisely outline the Impeachment Process.
  2. Offices Subject to Impeachment. In accordance with the Constitution an Article of Impeachment may be brought against any Senator, the President, the First or Second Vice Presidents or any Justice of the Student Court.
    1. Impeachable Actions. The Senate may act on an Article of Impeachment, which shall include the specific, serious and relevant, allegations of malfeasance of office. Malfeasance shall include but not be limited to:
      1. Violations of national, state, or local ordinances, Board of Regents Rulings, Student Code of Conduct, the Constitution or Bylaws, or Senate legislation and actions;
  3. Incompetent or negligent performance;
  4. Willful disregard of the authority of Senate;

                      

  1. Injury to the integrity of the Senate or any of its boards or standing

committees; and

  1. Intentional mismanagement of student funds.
  2. Article of Impeachment. The Article of Impeachment shall include the following information:

a.         The name and office of the person;

  1. A list of the specific allegations of malfeasance of office the person is accused of committing;
  2. A brief statement of the evidence supporting the allegations; and
  3. The name of the individuals or group that drafted the article.
  4. Committee Review Process.
    1. Call for Conduct Review. The Speaker or at least one-third of the Senate may request that the conduct of any person holding an office subject to impeachment be reviewed.
    2. Committee. The review of conduct shall be performed by the committee designate by Senate for the task.
    3. Committee Timeline. The committee shall have no fewer than 10 scheduled undergraduate class days, excluding Saturdays, Dead Week and Finals Week, during the spring and fall semesters to conduct their review. (Scheduled undergraduate class days are days that the official University of Nebraska-Lincoln class schedule does not list as holidays.) No review shall be conducted during the Summer Sessions or during breaks between the spring and fall semesters. Following the 10 scheduled school days; the committee shall present its recommendation or request for an extension of time on its review to the Senate at the next scheduled meeting.
  5. Committee Recommendation to Senate.
  6. Senate Accepts Recommendation.
    1. Committee Recommends No Action. If the committee finds that there is insufficient evidence of malfeasance of office, then they shall present such finds and recommendation to the Senate. If the Senate, by a simple majority, votes to accept the committee’s recommendation, then the matter is considered settled until new information is introduced that would cause the Speaker or at least one-third of the Senate to request another review of conduct of the same Officer.
    2. Committee Recommends Impeachment. If the committee recommends for impeachment, then they shall present the Senate with a recommendation for and an Article of Impeachment. If the Article of Impeachment is for a Senator, then a simple majority vote is required to ratify the article. If the article is for any other office, then a two-thirds vote is required to ratify the article. If the article passes the Senate, then the

          

Senate appoints the prosecutor. If the Senate fails to ratify the Article of Impeachment, the matter is considered settled until new information is introduced that would cause the Speaker or at least one-third of the Senate to request another review of conduct of the same Officer.

f.         Senate Rejects Recommendation.

  1. In order to reject the committee’s recommendation, either for or against impeachment, then the Senate must vote to reject the recommendation.

i.         Senate Votes to Reject Committee Recommendation.

  1. Reject Committee Recommendation for No Action. If the committee finds that there is insufficient evidence of malfeasance of office, then they shall present such finds and recommendation to the Senate. If the Senate votes, by a simple majority, to reject the committee’s recommendation, then they must consider impeachment on the Senate floor. If the Senate does not vote by a simple majority to reject the recommendation, then the matter is considered settled until new information is introduced that would cause the Speaker or at least one-third of the Senate to request another review of conduct of the same Officer.
  2. Reject Committee Recommendation for Impeachment. If the committee recommends for impeachment, then they shall present the Senate with a recommendation for and an Article of Impeachment. If the Senate votes, by a simple majority, to reject the committee’s recommendation, then the matter is considered settled until new information is introduced that would cause the Speaker or at least one-third of the Senate to request another review of conduct of the same Officer. If the Senate fails to override the committee’s recommendation by a simple majority vote, then the committee’s recommendation shall stand, and the Senate must consider impeachment on the Senate.
  3. Senate Considers Impeachment.
    1. Vote For Impeachment. Once the matter of Impeachment has been debated, a simple majority vote is needed to begin drafting an Article of Impeachment. Once the article is drafted, a vote is taken to ratify the article. If the simple majority vote for a Senator or two-thirds vote for any other office is obtained, the Article of Impeachment is ratified and the Senate proceeds with appointing a prosecutor. If the Article of Impeachment is not ratified, then the matter is considered settled until new information is introduced that would cause the Speaker or at least one-third of the Senate to request another review of conduct of the same Officer.
    2. Vote Against Impeachment. Once the matter of Impeachment has been debated, a simple majority vote is needed to begin drafting an Article of Impeachment if the majority votes not to draft an Article of Impeachment, then the matter is considered settled until new information is introduced that would cause the

                      

Speaker or at least one-third (1/3) of the Senate to request another review of conduct of the same Officer.

  1. Appointment of the Prosecutor. The Senate shall appoint a prosecutor who shall perform the Commencement of Actions in order to bring the Article of Impeachment before the Student Court.
  2. Trial of Impeachment. The Student Court shall adjudicate the Trial of Impeachment “…in a way which will protect the rights, privileges and immunities of every party.” The Student Court “…shall operate under these rules of procedure and such special rules as the Court may deem necessary in particular actions.” In order to protect the rights, privileges and immunities of every party involved in the Trial of Impeachment, the Student Court shall, if the Chief Justice deem it necessary, close the Trial of Impeachment to the public. Furthermore, if a simple majority of the Student Court deems it necessary, a gag order shall be placed on all parties involved with the Trial of Impeachment. In every other aspect, the Trial of Impeachment shall follow the rules and procedures outlined in Bylaws.
  3. Penalties. If the Student Court, by a simple majority vote, finds the Officer in question guilty, then the Student Court shall have the authority to impose penalties that it deems fit. These penalties may include, but are not limited to,
  4. verbal or written reprimand,
  5. removal from office,
  6. denial to hold any future office in ASUN or
  7. no penalties at all.
    1. However, the court shall impose no penalty greater than denial to hold any further office with ASUN.
  8. Appeal. Appeal of the Student Court’s decision on matters of Impeachment shall follow the regular appeal process outlined in the Bylaws.