Ole Miss Mock Trial Association By-Laws
(approved, as amended, May 2, 2006)

 I.          Coaching System 

    A.                Purpose and Goals 

The rules set forth in this section are constructed with the following purposes and goals in mind.

1.  To help develop the trial advocacy skills of members of the Ole Miss Mock Trial Association by providing a coaching body to assist members of the program.

2.  To instill accountability into the program by granting to coaches the power to reward or penalize students according to their contributions, or lack thereof.

3.  To provide an elected body that will resolve disputes within and among teams, and which will allow captains to focus solely on preparing their teams for competition.

4.  To install a system that vests power over competitive matters in coaches to ensure that a team is as prepared as possible for competition.

5.  To make the coaches accountable to the membership of the Ole Miss Mock Trial Association.

    B.        Structure and Authority 

1.  There will be two coaching levels: one head coach and as many assistant coaches as the Executive Board elects. 

2.  All coaches will form a Coaches Board, the majority of which will act as the final authority on competitive matters.

3.  The authority of the Coaches Board extends to the following matters, as needed: teams and roles; transfers of team members; strategies and materials; and, attendance at tournaments.

    C.        Head Coach 

     1.  Eligibility

a. The Head Coach may or may not be the same person as the official AMTA Educator Coach.  If he or she is not, the Head Coach and the AMTA Educator Coach will coordinate the duties and responsibilities described below in the best interest of the Ole Miss Mock Trial Association program. 

b. The Head Coach must be a faculty or staff member at the University of Mississippi, a local attorney, or a law student at the University of Mississippi.

2.  Duties and Authority

a. The Head Coach will monitor and oversee the assistant coaches.

b. The Head Coach will initiate and construct program plans and assignments.

c. The Head Coach will exercise ultimate discipline on teams and members; and, for any team that was assigned a team coach, will discipline with the consent of said team coach, or the consent of a majority of active assistant coaches.

d. The Head Coach shall not delegate personnel or voting power to non-coaches.

e. The Head Coach will act as a tiebreaker on any vote of the Coaches Board.

3.  Election, Removal and Resignation

a. The Head Coach will be elected each fall to serve a one year term by unanimous consent of the Executive Board and a 2/3 vote of the membership, as specified herein.  Such term will end at the next scheduled election of coaches the following year.

b. The Head Coach may be removed from office by a 2/3 vote of the membership.

c. The Head Coach may resign from the position at any time.

4. The selection of a Head Coach is not required; if none is selected, all duties outlined above will fall to the Coaches Board members equally.  A majority vote will determine all decisions of the Board.

                         D.       Assistant Coach 

1.  Eligibility

a. Any faculty or staff member, local attorney, or graduate of the University of Mississippi may serve as an assistant coach. 

b. These requirements may be waived to allow students enrolled in not less than nine units at the University of Mississippi and in good standing with the Association to serve as coaches.  Such waiver can only occur with unanimous consent of Executive Board and the Coaches Board.            

2.  Duties and Authority

a.  If assigned directly to a team, an assistant coach will make strategic decisions for that team in consultation with members of said team. 

b. An assistant coach will monitor and oversee the membership in general, or the membership of specific team if so assigned.

c. If assigned to a team, an assistant coach will determine all competitive matters with the consent of the Coaches Board.  This authority includes assigning roles, promoting and/or demoting members to non-competitive status and removing them from an active team, and determining which tournaments to attend with the consent of the Head Coach and Executive Board.

d. If assigned directly to a team, an assistant coach will act as the disciplinarian for that team.

e. An assistant coach may delegate selected powers only to the captain of the team to which the coach has been assigned

3.  Election, Removal and Resignation

a. An assistant coach will be elected to a one year term by a majority vote of Executive Board and with the consent of the Head Coach, should one exist, as specified herein.  Such term will coincide with the term of the Head Coach.

b. The term of an assistant coach expires at the general election of the next year unless renewed by a majority vote of Executive Board and the consent of the Head Coach, should one exist.  An assistant coach may be removed at any time by a 2/3 vote of the membership.

c. An assistant coach may resign from the position at any time.

    E.       Distance Coach

     1.  Eligibility 

a. Any faculty member, law school graduate, law student, alumnus of an AMTA Mock Trial program, or undergraduate student at the University of Mississippi, or another school, who is currently not affiliated with another AMTA program, may serve as a distance coach.

2. Authority and Privileges

a.  A distance coach will maintain all the rights, priveleges, and powers of assistant coaches specified herein, unless otherwise stipulated.

b. A distance coach will serve on the Coaches Board in an advisory capacity only.

c. After one year with the program, a distance coach may petition for voting privileges.  Voting privileges will be granted to a distance coach with the approval of the majority of voting members on the Coaches Board and the unanimous consent of the Executive Board.

d. Distance coaches may not comprise a majority of the Coaches Board.

 II. Special Election 

     A.       Purposes   

1. Special elections may be held only for the purposes of electing new coaches, removing coaches, filling vacated offices, and revoking membership.

    B.        Authority to Call Special Election 

1.  The Executive Board may, at any time and by unanimous agreement, call for a special election for coaches.

    C.        Procedures

1.  The Executive Board must notify members of any special election at least two weeks in advance of said election and must announce said election at a regular meeting of the Association.

2.  If said special election is held for the purpose of revoking membership or removing a coach, a complaint against said individual must have been filed with the Coaches Board, as specified herein.

 III. Complaints

     A.       Procedures - general 

1.  All complaints should be formal and written, including the following: a description of the offending behavior, the date it occurred, as well as any information about attempts to resolve the situation prior to filing a formal complaint.  All complaints should be filed in a timely manner from date of incident.

2. Complaints should be emailed to all members of the Coaches Board, not inconsistent with other provisions contained herein.

3.  The complaint may include requests or recommendations for punishment; however, all power of remedy shall lie with the Coaches Board.  All decisions of the Coaches Board are final, except as noted herein.

                         B.       Procedure - complaints against team members

1.  Team members involved in a dispute with another team member should attempt to resolve the matter with the assigned captain of that team prior to making a formal complaint.

2.  If the dispute is not resolved, team members may then file a complaint with the Coaches Board.  On a team that has a team coach, a formal written complaint should be filed with said coach instead.

                         C.       Procedure - complaints against captains

1.  Complaints directed against captains should be first filed with the team coach, should one exist.  In the absence of a team coach, all complaints should be directed to the Coaches Board.

                         D.       Procedure - complaints against coaches

1.  Complaints directed against coaches should be brought immediately to the Coaches Board.

2.  Coaches who are the subject of a formal complaint lose voting power over all issues related to said complaint.

                         E.        Procedure - all other complaints

1.  All other complaints should be brought to the Coaches Board directly, in a manner specified herein.

 IV. Executive Board                        

     A.        Purpose and Goals 

1.  To provide the members of the Ole Miss Mock Trial Association with a representative decision-making body.

2.  To set forth the mechanisms and policies by which students will elect their leadership.

                         B.        Eligibility 

1.  Any member of the University of Mississippi Mock Trial Association, who is not graduating or traveling abroad during the following fall semester, is eligible for a position on the Executive Board.

     C.        Structure & Authority

1.  The Executive Board shall be composed of five members.

2.  The Executive Board will serve as the administrative arm of the membership. 

3.  The Executive Board shall have authority over the following matters:  amending by-laws; creating new by-laws; recommending tournaments to attend; delegating selected administrative tasks to members; coordinating travel plans; designing the web site; and, recommending and implementing all policies on community relations.

4. The Executive Board must hold regular meetings at least every two weeks.

5.  Four members shall constitute a quorum for all meetings of the executive board.

D.        Elections and Procedures

  1.      General Procedure

a.       An election by active and returning members shall be held each April, after the completion of the mock trial season.

b.      An election for the Executive Board must be announced at least one week prior to the election at a regular meeting of the Association.

c.       Anyone who wishes to serve on the executive board must announce candidacy to the Head Coach at least six (6) days prior to the election.

d.      Students will first vote for officers.  After the election for officers, students will vote on the two at-large Executive Board positions. 

e.       Candidates who run for an officer position and are unsuccessful will be automatically entered into the election for an at-large position.

f.       Students must be physically present to vote.  Voting by phone or by proxy is not allowed.

      2.      Election of Officers

a.       The names of all students running for that particular office will be placed on a paper ballot.  Each student will vote for the candidate of their choice, and return the ballot to the Head Coach.

b.      If there are more than two candidates for an office, the two candidates that receive the most votes shall be placed into a run off election, to take place immediately after the first vote.

c.       The names of all students running for at-large positions on the Executive Board shall be placed on a ballot.  Each student in the Association will select the names of the two students they wish to support, and return the ballot to the Head Coach.

d.      The two students receiving the greatest number of votes shall take the final two spots on the Executive Board

e.       In the case of ties for the 5^th seat, the Head Coach will announce the procedures for a run-off election. 

     3.      Vacancy

a.       If a seat on the Executive Board becomes vacant, a special election will be held to fill the vacancy.  Said election must be announced one week prior to voting, and may not be delayed for a period of longer than two weeks from the time of the vacancy.

  E.        Officers 

   1.  Duties and Authority - President   

a.   The President will act as the public representative for the Association, and will speak for Ole Miss in all inter-school communications     

b.  The President will preside over all meetings of the Executive Board, and will set the agenda for all meetings.

c.       The President has the authority to break ties on any vote of the Executive Board.

d.      The President will serve as the official representative of the Executive Board at Coaches Board meetings.

e.       The President may create official positions for non-competing members with the approval of the Executive Board.

f.       The President may delegate powers only to members of the Executive Board.

g.      The President may resign from office at any time.

   2.      Duties and Authority - Vice President

a.       The Vice President will assume all duties and authority of the President at any official Ole Miss Mock Trial event from which the President is absent.

b.      The Vice President shall assume the office of President if that office becomes vacant for any reason.

c.       If the office of Vice President becomes vacant for any reason, the current President will select a replacement Vice-President from the Executive Board.

    3.      Duties and Authority - Treasurer

a.       The Treasurer shall have authority over all fundraising efforts, and is responsible for planning and coordinating those efforts with the advice of the Executive Board.

b.      The treasurer will consult with the educator coach regarding program finances, and will use this information to track the income and expenditures of the program.

c.       The treasurer may not delegate his or her official duties or authority to any student or coach.

d.      If the treasurer is promoted to the rank of Vice President, he or she may choose a replacement Treasurer from the remaining members of the executive board.

                         F.        Removal

1.  Any member of the Executive Board may be removed from office for failure to fulfill their duties.

2.  Members may only be removed from their position on the Executive Board if a formal complaint has been filed with the Coaches Board, signed by at least four members of the program.

3.  Executive Board members shall be removed from office following a unanimous vote by the Coaches Board.  If the decision is not unanimous, the member shall retain their position.

4.  Decisions made by the Coaches Board regarding membership of the Executive Board may be over-ridden by a 2/3 vote of the membership.

5.  To initiate an over-ride election, the membership must present the Coaches Board with a petition signed by at least 50 percent of the membership of the organization.

6.  An over-ride election shall be held at the next regular meeting following the submission of the petition.

7.  Over-ride elections may not be held in any other circumstances.

 V. Team Captains

     A.        Selection

1.  Each team captain will be appointed by the Coaches Board and the AMTA Educator Coach (if applicable).

 VI. Membership 

    A.        Selection

1.   The method and dates of member selection shall be prescribed by the AMTA Educator Coach, in consultation with the Coach Board and Executive Board.
 
2.  Membership Status is updated automatically at the beginning of each academic year.

3.  Members of the Executive Board may, but are not required to, attend tryouts.

    B.        Membership Status

1.  For the purposes of voting, an active member is a member currently in good standing with the Ole Miss Mock Trial Association who joined the organization prior to that season’s regional competition.

2.  An inactive member is any member of the Ole Miss Mock Trial Association who did not join the organization prior to the regional competition of that season.

VII. Voting 

1.  Unless otherwise specifically stated, all votes must be done by paper ballot or by a show of hands.  Members must be physically present to vote.  No voting by proxy is allowed.

2.  If the bylaws are silent on the method of voting in a particular case, the President has discretion in choosing the manner of voting.  If the President is unavailable, this authority passes to the Vice President.

VIII. Amendment Procedure

1.  These by-laws may be amended by a 4/5 vote of the Executive Board and a 2/3 vote of the membership.