Chapter 1: Delegate Conduct Act of 2013

5-1-1. This act shall be known and may be cited as "The Delegate Conduct Act of 2013.”

 

5-1-2. For purposes of this act:

1. “Delegate” is any student registered to attend the General Assembly.

2. “Legislative Branch” is the Speaker of each house, the Speaker Pro Tempore of each house, Secretary of State, State Treasurer, Senator, Representative, Alternate Senator, Alternate Representative, the Chief Clerk, Sergeant at Arms and any other appointee of an officer named in this subsection.

3. “Executive Branch” is the Governor and any appointee of the Governor.

4. “Court System” is justices of the Tennessee Intercollegiate Supreme Court (“Court”), officers of the Court, the Attorney General and any other appointee of an officer named in this subsection.

5. “AMC3 Lawyer” and any member of a team in the Appellate Moot Court Collegiate Challenge (“AMC3”).

6. “Lobbyist” is a registered member of a recognized lobbying firm.

7. “Journalist” is a participant in TISL Media.

 

5-1-3. Every delegate registered to participate in TISL shall be a member of at least one group defined in Section 2. Any person not in a category defined in Section 2 shall be treated as a Legislator for purposes of this Act. Any person who qualifies in more than one group of Section 2 shall be punished as if he/she is in only one group, that group to be determined by the Court.

 

5-1-4. A delegate shall not be found responsible for personal misconduct unless all of these conditions shall be met:

1. The delegate shall be presumed not responsible for the alleged misconduct until it shall be demonstrated beyond a reasonable doubt that he/she is responsible pursuant to this act.

2. No person shall be found responsible for an offense under this act except at a hearing in which he/she shall be allowed to present witnesses, information and arguments on his/her behalf.

3. Any finding of misconduct shall be based on a policy adopted by the TISL General Assembly before the alleged misconduct occurred.

4. A delegate who is not found responsible for a given allegation of misconduct will not be required to answer again for the same allegation.

5. No one accused of misconduct shall be required to provide information at his/her own hearing.

6. Any person accused of misconduct is entitled to be present at any hearing or proceeding regarding the allegation.

 

5-1-5. This act shall apply only when a delegate has been tried and found responsible for an action committed after the adoption of a law by the General Assembly. No change in the law or in the procedures of the Court relative to enforcing the law shall apply retroactively.

 

5-1-6. A hearing to determine a delegate’s responsibility for misconduct shall occur at least three hours after the delegate has been formally notified of the allegation. A request by the delegate to delay the hearing for an additional three hours shall be approved unless the presiding judge shall determine a compelling reason to the contrary, and the presiding judge may grant further continuances as he/she deems warranted.

 

5-1-7. A hearing to determine a delegate’s responsibility for misconduct shall occur at least three hours after the delegate has been formally notified of the allegation. A request by the delegate to delay the hearing for an additional three hours shall be approved unless the presiding judge shall determine a compelling reason to the contrary, and the presiding judge may grant further continuances as he/she deems warranted.

 

5-1-8. Major Offenses

A delegate may be found responsible for a Major Offense only upon a unanimous decision of a three-member Court that shall consist of a justice from the Tennessee Intercollegiate Supreme Court, who shall preside, and two magistrates appointed by the Court.

A person accused of a major offense shall be entitled to representation by a student attorney.

The punishment for a Major Offense as otherwise established by TISL law shall be as follows:

 

Class A ­­– For the Legislative Branch, Executive Branch, Court System, Lobbyists and Journalists, suspension for the next two full legislative sessions as set by the Official Calendar for the General Assembly. For the AMC3 Lawyers, suspension from his/her team’s next oral argument; such suspension may be subject to additional sanctions within AMC3 for inadequate team size. A person who has been suspended must be completely absent from the Capitol and all TISL events during the period of the suspension.

 

Class B – For the Legislative Branch, Executive Branch, Court System, Lobbyists and Journalists, suspension for one full legislative session under the same terms and conditions as a Class A Major Offense. For AMC3 lawyers, a deduction of five points in the Lawyer’s average individual score in AMC3.

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Class C – An essay not to exceed 1,000 words on a topic to be assigned by the Court. Such essay shall be delivered to the Court within ten business days of the final adjournment of the General Assembly. If the delegate fails to comply, TISL will notify the delegate’s college.

 

5-1-9. Minor Offenses

A delegate may be found responsible for a Minor Offense by a justice from the Tennessee Intercollegiate Supreme Court.

The punishment for a Minor Offense as otherwise established by TISL law shall be as follows:

Class A - Fine not to exceed ten (10) dollars.

Class B – Fine not to exceed five (5) dollars.

Class C – A written reprimand from the Court, which reprimand shall be removed from the permanent record upon the adjournment of the General Assembly at which the misconduct occurred.

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5-1-10. Any person found responsible for a major offense will be ineligible to win an individual award.

 

5-1-11. Any person who fails to comply with a punishment under this act shall, once found responsible for such failure, be guilty of a Class C Major Offense in addition to the original offense(s). Anyone found guilty under this section may not also be found responsible of contempt of court for the same underlying offense.

 

5-1-12. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

 

5-1-13. A written record of any finding of responsibility shall be maintained unless the law provides otherwise, such record to include the delegate’s name, his/college and the misconduct for which the delegate is found responsible.

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5-1-14. Attendance at a hearing shall be limited to the Court and its officers, TISL advisers, witnesses, one or more court-approved advocates for the delegate accused of misconduct and up to five additional people designated by said delegate. The Court and said delegate may approve additional attendees by mutual consent.

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5-1-15. Every person who is to provide information at a hearing shall be excluded from the hearing while others are providing information.

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5-1-16. A person who provides information at a hearing shall take take an oath to tell the truth. If a delegate is found responsible under this act for violating this standard, he/she shall be accountable for a Class C Major Offense.