The Dukestitution: Know Your Rights On Campus

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THE DUKESTITUTION

Know your rights on campus

www.dsgj.org
TABLE
OF CONTENTS

Introduction 03

Constitution of the
Duke Student Government 04

Article IX. Bill of Rights 17

Have Your Rights Been Violated? 19

How to File a Case with DGSJ 21

Campus Resources 23

Incident Reports 24

Confidential Resources 25

02 THE DUKESTITUTION
INTRODUCTION
The Dukestitution was developed to consolidate the rights and resources available to all
undergraduate Duke students. A student’s first year as a college student often marks their
first year as a legal independent, entitled to all rights and privileges granted both by this
country and by Duke University itself.

Within the Dukestitution, you will find the Constitution of the Duke Student Government ,
Duke Student’s Bill of Rights and a list of judicial resources to help you navigate the rights
and protections you are entitled to. The Dukestitution includes just a sampling of the
governing body used in the day-to-day operations of Duke University, and we encourage
you to view the entirety of these documents, including governing Bylaws, on the Duke
Student Government website.

The goal of the Dukestitution is to ensure students know their rights, and have ready access
to the documents that outline their protection. We hope with this knowledge students can
take an active role in participating in community life, both during their time at Duke and
beyond.

For more information regarding the creation of this project, please contact us at:
Justice@duke.edu or visit our website: https://www.dsg-j.org

The Dukestitution is a project undertaken by the Duke Student Government Judiciary.


Carlee Goldberg and Georgia Lala are the lead officers. Edited by Will Brodner, Marc
Chmielewski, and Vicky Zhang.

THE DUKESTITUTION 03
CONSTITUTION OF THE
DUKE STUDENT GOVERNMENT

PREAMBLE
This organization shall be known as Duke Student Government and shall be referred to in
this Constitution as the DSG.

The purpose of this organization shall be to act as the governing body of the undergraduate
students at Duke University and to present their views on the affairs of the University
community in accordance with the highest ideals of democratic representation and the
aims and purposes of the University.

The DSG shall execute the will of the student body, shall serve as a stable support and
foundation for student organizations and activities, shall communicate students’ views and
relevant information, as well as represent the student body in University decision-making.
The goals of the DSG’s participation in University affairs are to define and represent student
concerns and causes to the administration, to provide student services and support, to
serve as a reliable source of information for the student body, to provide resources and
support to student organizations through the student activities fee and other programs, to
foster community among students, and to promote quality leadership on campus, both in
DSG and in other organizations.

The DSG shall not act contrary to the Bill of Rights listed in Article IX in any way. Said rights
may not be amended except by referendum as described in Article VIII of this Constitution.

04 THE DUKESTITUTION
ARTICLE I. MEMBERSHIP

SECTION 1. GENERALLY

All undergraduate students enrolled in Duke University shall be eligible to be members of


the DSG.

SECTION 2. STRUCTURE

Duke Student Government (DSG) shall be composed of the President; the Executive Board;
the Senate and its standing and ad-hoc committees; the Presidential Cabinet; the Judiciary;
the Student Organization Funding Committee (SOFC); The Board of Elections (BOE.); and
DSG’s Affiliate Organizations.

ARTICLE II. POWERS & JURISDICTION


The DSG shall have the power to make and implement policy in areas of concern to
undergraduates and to otherwise promote the welfare of the undergraduate student body
and the Duke Community.

ARTICLE III. EXECUTIVE

SECTION 1. OVERVIEW

The Executive shall be composed of the Executive Board and the Presidential Cabinet.

SECTION 2. THE EXECUTIVE BOARD

Duke Student Government’s Executive Board is the chief leadership body of DSG, with
members individually elected by the student body to serve yearlong terms.

DSG’s Executive Board is composed of the DSG President, Executive Vice President, and the
seven Vice-Presidents of DSG’s standing committee.

Members of the Presidential Cabinet may attend Executive Board meetings on a yearlong
or temporary basis as determined at the President’s discretion

SECTION 3. DUTIES AND POWERS OF THE EXECUTIVE BOARD

The Executive Board shall collectively:

1. serve as the chief administrative and strategic body of the DSG;

2. develop and implement an advocacy agenda to execute the student body’s will;

3. assist in the orderly administration of the business of the DSG as delegated by the
President and the Executive Vice President;

4. serve as a shared resource for its members in all matters pertinent to policy formation
and implementation;

THE DUKESTITUTION 05
5. fulfill additional duties as prescribed by by-law.

6. issue, by a two-thirds vote and with the approval of the President, executive orders as
legislation when the Senate is not in session or during University vacations, subject to
the following stipulations:

• No funds may be allocated or expended by executive order unless such funds


shall have been previously allocated to the Cabinet by the Senate;

• A report of any executive order must be made at the next meeting of the Senate;

SECTION 4. DUTIES AND POWERS OF THE PRESIDENT

1. The President of the DSG shall:

2. be the highest ranking officer of the DSG;

3. serve as the official representative of the DSG;

4. execute the policy of the DSG as expressed by the Senate or by the entire student body
by referendum;

5. be responsible for the proper and orderly administration of the business of the DSG;

6. supervise and coordinate all committees and auxiliary organizations of the DSG;

7. select a cabinet in consultation with the Executive Vice President;

8. convene and preside over meetings of the Cabinet;


• The President may delegate this authority to a Cabinet member.

9. have the power to veto acts of the Senate within five days of passage;

10. be able to address the Senate at any time while it is in session on any matter within
reason;

11. issue a report to the Senate at least once each semester on the activities of the DSG;

12. appoint such executive assistants as shall be deemed necessary for the proper
execution of the President’s duties, and have the power to remove such persons from
their positions;

13. perform additional duties as prescribed by By-Law.

SECTION 5. DUTIES AND POWERS OF THE VICE


PRESIDENT AND PRESIDENT PRO-TEMPORE OF THE SENATE

The Vice President of the DSG shall:

1. be the second-highest ranking officer of the DSG;

2. have and execute own policy agenda in coordination with the President;

3. work with the President in the proper and orderly administration of the business of the
DSG;

06 THE DUKESTITUTION
4. work with President in coordinating all committees and auxiliary organizations of the
DSG;

5. coordinate and maximize student representation on university and presidential


committees in conjunction with Duke’s President’s Office;

6. coordinate all annual appointment application and interview processes managed by the
DSG;

7. be able to address the Senate at any time while it is in session on any matter within
reason;

8. perform additional duties as prescribed by By-Law;

The President Pro-Tempore of the Senate Shall:

1. be the third-highest ranking officer of the DSG;

2. convene meetings of the Senate;

3. chair meetings of the Senate;

4. consult with the President and Executive Vice President on all matters, including the
proceedings of the Senate;

5. have Senate voting privileges which may only be exercised in the case of a tie

6. perform additional duties as prescribed by By-Law.

SECTION 6. DUTIES AND POWERS OF DSG STANDING COMMITTEE VICE-PRESIDENTS

Unless otherwise noted, standing committee vice-presidents shall:

1. manage the DSG policy agenda for their respective committee area in consultation with
the President and the Executive Vice President;

2. serve as the chief student advocate and administrative contact in their committee area;

3. chair their respective senate committee and assist senator projects;

4. serve as a full voting member of the Senate;

5. perform additional duties as prescribed by By-Law.

SECTION 7. THE PRESIDENTIAL CABINET

1. The Duke Student Government Presidential Cabinet is composed of the DSG President’s
and Executive Vice President’s chief policy and administrative advisors.

2. The Presidential Cabinet shall be composed of both appointed and ex-officio members.
• All appointments must be made in consultation with the Executive Vice
President and be confirmed by a majority vote of the DSG Senate.

3. Appointed Cabinet members must include the following permanent positions:


• Chief of Staff
• Executive Secretary

THE DUKESTITUTION 07
• Treasurer
• Attorney General
• Head Line Monitor
• Any additional positions as prescribed by by-law

4. The President may make additional “temporary” appointments (in consultation with the
Executive Vice President and with the majority approval of the Senate) that expire at the
end of the President’s term.

5. Chairs of DSG Affiliate Groups (those groups outlined in the DSG Affiliate By-Law) shall
serve as non-voting ex-officio members of the cabinet.

• At the President’s discretion, this affiliate group may be convened separately from
the rest of the Cabinet. These separate affiliate meetings may be instead of, or in
addition to, regular affiliate attendance at Cabinet meetings.

SECTION 8. DUTIES AND POWERS OF THE PRESIDENTIAL CABINET

Cabinet officers shall:

1. advise the President and Executive Vice President and carry out duties as prescribed by
the President or Executive Vice President, By-Law, or Senate statute;

2. assist the President and Executive Vice President in the execution of the DSG policy
agenda as informed by the direction of the DSG Executive Board, DSG Senate
legislation, or student body wide referendum;

SECTION 9. VACANCIES

1. If the office of the President falls vacant after the President has been duly inaugurated,
the Executive Vice-President shall become President.

2. If, for any reason, the President-elect is permanently unable to assume the Office of the
President, the Executive Vice-President-Elect shall be inaugurated as President for the
full term.

3. If any other Executive Office falls vacant either before or after that officer has been duly
inaugurated, the President may nominate a replacement subject to the majority
confirmation of the Senate.

4. In the event of a vacancy between sessions of the Senate, the President may make
temporary appointments to fill the vacancy until the first subsequent meeting of the
Senate, upon which the President’s nominee shall go before the Senate for
confirmation.

08 THE DUKESTITUTION
ARTICLE IV. THE SENATE

SECTION 1. OVERVIEW

The DSG Senate is tasked with executing the will of the student body through legislation.

The Senate’s legislative purview includes, but is not limited to: statements of Senate opinion
(via resolution,) internal directives to DSG bodies mandating a specific action (via statute,)
the creation of committees to explore subjects vital to the student interest or DSG’s internal
governance (via statute), and fiscal appropriations (via student group annual budgeting,
budgetary statutes).

SECTION 2. INTERNAL STRUCTURE

1. The number of senators in DSG shall be determined by the guidelines outlined in the
Senate By-Law.

2. Senators shall serve on one of the five standing committees of the Senate.

• The Senate By-Law shall define the advocacy purviews of each of the seven
standing committees of the DSG Senate. These purviews shall be adapted to
evolving student interests and administrative structure.

• The Senate By-Law shall dictate the number of Senators on each committee and
any other limitations on committee composition.

3. The five standing committees of the Senate shall meet independently of the Senate and
shall advocate on behalf of undergraduate interests in their content area.

4. A popularly-elected Vice President shall chair each Senate standing committee and
manage its advocacy efforts as outlined in Article III.

5. Additional ad-hoc committees may be defined and established through Senate statute.

SECTION 3. OFFICERS OF THE SENATE

1. The chief officer of the Senate shall be the President Pro Tempore

2. The Senate President Pro Tempore:

• The President Pro Tempore must be a returning member of the Senate.

• The internal election of the President Pro Tempore for any given Senate session
shall occur during the session prior, after the election of the President and
Executive Vice President and before the election of other members of the Senate.

• The President Pro Tempore shall represent the Senate in Executive Board
meetings.

THE DUKESTITUTION 09
SECTION 4. DUTIES AND POWERS OF THE SENATE

The Senate shall have the power:

1. to enact any legislation concerning matters of policy affecting students and their
welfare under this Constitution;

2. to allocate and authorize the expenditure of any and all funds received by the DSG from
whatever source;

3. to charter or recognize all organizations established by and for undergraduates;

4. to determine the Student Activity Fee to be paid by all undergraduates during the
following school year, provided that the fee may not be increased beyond an annual
adjustment for inflation without the approval of a majority of those voting in a
referendum of the student body;

5. to review and repeal executive orders by a majority of those voting;

6. to override a presidential veto by a two-thirds majority of those voting;

7. to issue resolutions expressing the opinions of the Senate;

8. to direct bodies/a body of the DSG, with the exception of the Judiciary, to take a specific
action

9. to establish committees via statute to explore subjects vital to the student interest or
the internal operation of the DSG;

10. to confirm all nominations by the President to student positions on any University
policy-making or advisory bodies, and to appointed positions within the DSG;

11. to establish rules of procedure, and to establish and enforce rules of conduct and
attendance for members of the Senate, and, with the concurrence of two-thirds of
Senators present and voting, to expel a member for misfeasance or nonfeasance in
office;

12. to censure any member of the Cabinet by majority vote;

13. to approve any dining concept seeking establishment on the Duke campus;

14. to make and enact all necessary By-Laws.

SECTION 5. ENACTMENT AND APPROVAL

1. All acts of the Senate shall be promptly presented to the President.

2. If the President approves, they shall sign the act, and it shall have immediate effect.

3. If not, the President shall veto the act by notifying the President Pro-Tempore of the
veto and of the President’s specific objections, and the act shall not take effect unless
subsequently passed by a two-thirds vote of the Senate to override the veto.

4. If five days expire after presentment, and the President neither signs nor vetoes the act
during such time, the act shall take effect as though signed by the President.

10 THE DUKESTITUTION
5. Any act of the DSG or any act of an officer representing the DSG in an official capacity
shall be subject to referendum approval upon petition signed by fifteen percent of the
members of the entire student body. Such petitions must mention the specific policy or
act questioned.

6. Nothing in this Constitution shall be construed to deny the right of the student body to
initiate legislation by petition of fifteen percent of the undergraduate student body, and
the Senate may by By-Law prescribe the procedure for such initiation.

SECTION 6. MEETINGS OF THE SENATE

1. A session of the Senate shall begin on the first week of classes in each fall semester, and
shall end on the last week of classes in the next succeeding Spring semester.

2. The Senate shall determine the time and place of its meetings, but shall be required to
meet at least twice per month during each semester if school is in session for the
majority of that month.

3. All acts of the Senate may only be approved in the presence of a quorum, which shall be
defined as a majority of members of the Senate.

4. Any student or representative of a student group shall have the right to appear at any
regular meeting of the Senate to present for consideration matters of University-wide
interest. All regular meetings of the Senate shall be open to the public.

5. Additional meetings of the Senate may be called by the President, Executive Vice-
President, President Pro-Tempore, or by the written request of twenty-percent of the
members of the Senate.

SECTION 7. IMPEACHMENT

The Senate shall have the power to impeach any Executive Officer, member of the Cabinet,
justice of the Judiciary, or other officer of the DSG on the grounds of misfeasance or
nonfeasance in office by a majority of those present and voting. An impeached officer shall
be entitled to a hearing before the Senate at which the Chief Justice shall preside, to be
held no sooner than five class days and no later than ten class days from the date of
impeachment. If it is the Chief Justice who has been impeached, the Executive Vice-
President shall preside over the hearing. If, following the hearing, the charges are sustained
by at least two-thirds of the Senators present and voting, the impeached officer shall be
removed from office.

THE DUKESTITUTION 11
ARTICLE V. THE JUDICIARY

SECTION 1. OVERVIEW

The DSG shall have an independent Judiciary vested with the power of judicial review.

SECTION 2. THE CHIEF JUSTICE

The chief judicial officer of the DSG shall be the Chief Justice. The Senate shall select the
Chief Justice. The Chief Justice shall have the power to issue non-binding, advisory opinions
on all matters within the jurisdiction of the Judiciary, and shall perform any other duties
that may be prescribed by By-Law.

The Chief Justice shall preside over the Judiciary.

The Chief Justice-elect shall be inaugurated prior to all other DSG officers and shall
supervise their inaugurations and deliver the DSG oath of office.

SECTION 3. THE JUDICIARY

1. The Judiciary, including the Chief Justice, shall be composed of seven members. The
selection process of Justices shall be prescribed by By-Law.

2. Senators and other officers of the DSG are not eligible to serve on the Judiciary.

3. Members of the Judiciary shall serve for a term of one academic year.

SECTION 4. PROCEEDINGS OF THE JUDICIARY

1. Unless otherwise provided in the By-Laws, the Judiciary shall sit as a full body. A majority
of its members must be present for proceedings and votes to be valid.

2. When present, the Chief Justice shall preside over the Judiciary.

3. The concurrence of a majority of members present shall be sufficient to render a


decision, except as otherwise herein provided.

4. All decisions and rulings of the Judiciary shall be transmitted in writing by the Chief
Justice, or by a Justice selected by the Chief Justice, to the appropriate officer or body.

5. A Justice who does not voluntarily abstain from cases in which that Justice has a conflict
of interest may be disqualified by majority vote of the other members of the Judiciary.

SECTION 5. POWERS OF THE JUDICIARY

1. The Judiciary shall decide all cases arising under this Constitution or By-Laws and all
cases in which jurisdiction has been granted to it by the By-Laws or by the Senate.

2. The Judiciary shall decide cases in which the DSG or an officer of the DSG in an official
capacity is a party and cases arising between different DSG entities, including DSG
affiliates.
12 THE DUKESTITUTION
3. The Judiciary shall have the power to settle student group disputes and, when
necessary and proper, to discipline student groups.

4. The Judiciary shall have power to conduct investigations, subpoena evidence and
witnesses, authorize the issuance of such writs as it shall require, and make all rules
necessary and proper for the conduct of its business.

SECTION 6. SUBSTANTIVE RIGHTS AND IMMUNITIES

General Rights and Immunities:

1. No student or group of students may be deprived of rights or property without due


process of law, nor may be denied equal protection under the law.

2. No bill of attainder or ex post facto law shall be passed.

3. No student or group of students may be tried for an act committed more than one
calendar year before the initiation of trial.

4. No student or group of students may be tried more than once for the same act under
the same law, statute, rule, By-Law, or regulation.

Procedural Rights:
Any student accused and brought to trial may not be denied the right to:

1. receive written notice of the charges presented and be given the opportunity to prepare
a defense reasonably in advance of a hearing;

2. question witnesses and submit material evidence;

3. refuse to testify in a self-incriminating manner or offer any testimony that would tend to
self-incriminate;

4. be free from illegal searches and seizures;

5. present a defense including material witnesses and a reasonable number of character


witnesses;

6. receive an impartial hearing, and if convicted, to be subjected to no cruel or unusual


punishment.

7. The enumeration of these rights and immunities shall not preclude other rights and
immunities.

THE DUKESTITUTION 13
ARTICLE VI.
THE STUDENT ORGANIZATION FUNDING COMMITTEE (SOFC)

SECTION 1. MEMBERSHIP

1. The SOFC shall consist of a number of members determined by By-Law who shall be
elected annually by the Senate.

2. In addition to the members, the Chair of SOFC shall be selected internally by SOFC by its
members and confirmed by the DSG Senate, and shall serve as a member of the Cabinet
and as an Executive Officer of DSG.

SECTION 2. RESPONSIBILITIES

The SOFC shall:

1. oversee the Programming Fund;

2. run the annual budgeting process;

3. review and recommend student groups for recognized or chartered status;

4. and perform such other duties as prescribed by By-Law.

For allocations from the Programming Fund above $1,500, Senate consent is required.
Other provisions notwithstanding, nothing shall deprive the Senate of the ability to allocate
and authorize the expenditure of any and all funds received by the DSG from whatever
source.

ARTICLE VII.
DUKE STUDENT GOVERNMENT AFFILIATE ORGANIZATIONS

SECTION 1. OVERVIEW AND OPERATION

DSG Affiliates are semi-autonomous organizations allied with DSG to further common
student advocacy objectives. Each DSG Affiliate organization shall operate according to
specific principles as outlined in the DSG Affiliate By-Law.

Additionally, each DSG Affiliate shall operate under the oversight of a DSG Senate standing
committee, which shall seek opportunities for coordination between the affiliate
organization and DSG’s student advocacy agenda.

SECTION 2. PRIVILEGES OF AFFILIATE ORGANIZATIONS

DSG Affiliates shall be entitled to certain privileges as prescribed by by-law.

14 THE DUKESTITUTION
ARTICLE VIII. ELECTIONS AND TERMS OF OFFICE

SECTION 1

1. The terms of office for the elected Executive Officers shall be one year, or until the
successors to these officers are elected and installed.

2. Elections and inaugurations shall be conducted according to the provisions of the By-
Laws and Statutes of the DSG.

SECTION 2

Senators shall serve a term comprising one session of the Senate. The inaugurations of
these Senators shall be conducted according to the provisions of By-Law.

ARTICLE IX. BILL OF RIGHTS


Se page # 17

ARTICLE X. AMENDMENTS AND BY-LAWS

SECTION 1. AMENDMENTS

Amendments to this Constitution may be proposed either by a petition signed by fifteen


percent of the members of the student body, or by a two-thirds vote of the Senate, provided
that the amendment shall have been read at two successive meetings of the Senate.
Amendments shall be enacted when ratified by a majority of those voting in a referendum
of the student body that shall take place only after seven days public notice, provided
twenty-five percent of the student body participates.

SECTION 2. BY-LAWS

By-Laws may be enacted by approval of two-thirds of the Senate present and voting after
two readings of the By-Law before the Senate.

THE DUKESTITUTION 15
ARTICLE XI. RATIFICATION AND ENACTMENT

This Constitution shall be enacted when ratified in a referendum by at least two-thirds of


the votes cast of the members of the student body voting, provided twenty-five percent of
the student body participates.

Upon enactment of this Constitution, the present Constitution of the Duke Student
Government shall be amended throughout by substitution of this Constitution therefore.

All statutes, rules, policies, and By-Laws that are in effect at the time of ratification of this
Constitution and that are not inconsistent with this Constitution shall remain valid and
binding upon DSG.

16 THE DUKESTITUTION
ARTICLE IX. BILL OF RIGHTS
AMENDMENT I

Every undergraduate student, enrolled in Duke University and subject to the Student
Activities Fee, is a student within the meaning of this Bill, a member of the student body,
and a constituent of Duke Student Government. In their interactions with DSG, all students
are entitled to the rights enumerated in this Bill.

AMENDMENT II

All students have the right to freedom of ideology and religion. Duke Student Government
shall not create any establishment of religion, or prohibit the free exercise thereof, or
require any religious test or qualification for office.

AMENDMENT III

All students have the right to free expression. Duke Student Government shall not abridge
the freedom of speech, the press, petition, or peaceable assembly or protest. But this Article
shall not define speech by the money spent to exercise the right. This article affirms the
right of the Duke Student Government Senate to place limits on the amount of money that
can be spent in student elections.

AMENDMENT IV

All students have the right to protection and privacy against arbitrary search, seizure,
investigation, prosecution, and punishment. No student or group shall be deprived of rights
or property without due process of law, nor shall any student be compelled to testify
against themself in any proceeding, nor shall any evidence unlawfully obtained be admitted
in support of judicial punishment.

AMENDMENT V

All students have the right to equal protection under the law. No student shall be subjected
to discrimination on the basis of race, ethnicity, gender identity, sex, religion, national origin,
sexual orientation, disability, or socioeconomic status; but this enumeration shall not be
construed to condone other violations of equal protection.

AMENDMENT VI

All students have the right to vote in all referenda and public elections held by Duke
Student Government and by their respective classes and houses. No student shall be
deprived of the right to vote, nor shall any poll tax or other payment be a condition to
voting, nor shall any proof of eligibility or identity be required unless it is readily available to
all students.

THE DUKESTITUTION 17
AMENDMENT VII

All students have the right freely to associate and, upon meeting the criteria established in
By-Law, to form groups recognized or chartered by DSG. Every such group is a legal entity
and entitled to freedom from invidious discrimination, to due process, and to fair dealing
under the law. But this Article shall not be construed to grant to groups all the rights
secured to individuals, to privilege any student from accountability for misconduct, or to
permit the otherwise prohibited expenditure of funds.

AMENDMENT VIII

The rights and protections enumerated in this Bill shall not be abridged by any recognized
or chartered groups, residential houses, class governments, or affiliates of Duke Student
Government. Duke Student Government shall secure the rights of students against
violations by these entities, and shall also uphold the rights of students against
infringement by any other person or body. But DSG shall not be liable for any acts or
omissions of any federal, state, local, university, or other entity not subject to its jurisdiction.

AMENDMENT IX

Any student or group whose rights under this Bill, or under other provisions of the
Constitution and By-Laws, have been violated has the right to seek a statutory or equitable
remedy from the Judiciary. And every student or group suffering punitive action from DSG,
beyond removal from office and enforcement of civil obligations, has the right to an
impartial trial by the Judiciary before such punishment may be imposed. No conviction
shall be sustained except on clear and convincing evidence that the defendant committed
an offense which, before its commission, had been defined in By-Law.

AMENDMENT X

The enumeration of certain rights in this Bill, or elsewhere in the Constitution and By-Laws,
shall not be construed to deny or disparage other rights retained by the student body.

18 THE DUKESTITUTION
HAVE YOUR RIGHTS BEEN VIOLATED?

If you believe a member of the Duke Undergraduate Student Body has violated your rights,
there are several bodies on campus where you can see redress, the Duke Student
Government is just one potential avenue.

The Duke Student Government and all (registered) student groups on campus must
adhere to the Constitution, Bill of Rights and accompanying Bylaws.

The Duke Student Government Judiciary (DSGJ) is responsible for ensuring all student
groups abide by the governing documents. The DSGJ is also a site for students to seek
redress if their rights are violated. The DSGJ is comprised of the Chief Justice, Associate
Justices, Clerks and the Office of Public Advocacy.

The DSGJ hears cases of potential violations of the Duke Constitution and Bylaws. Potential
cases include, but are not limited to:

§ Contested Elections
§ Objections to the Young Trustee nomination process
§ Objections to an SOFC decision by an individual or student group
§ Legislation or other DSG Senate activities that may violate the Constitution
§ Conflicts regarding K-Ville policies and the actions of Line Monitors
§ Impeachment and/or removal of DSG officers or student group leaders

The Judiciary has the power to conduct investigations, subpoena evidence and witnesses,
settle group disputes, and to discipline student groups, all in accordance with the
Constitution.

THE DUKESTITUTION 19
THE SHORT QUIZ BELOW CAN HELP YOU INITIALLY
DETERMINE IF YOU SHOULD BRING YOUR ISSUE BEFORE THE DSGJ.

Do you believe there was a


violation of the Duke Student
Government Constitution or
the Bylaws?
No

Yes

The DSGJ many not be your best


avenue for redress. Take a look at
Do you believe the violation No
our Resources Page for other
has already occurred? (We
organizational bodies you could
cannot hear issues of
approach. Fell free to reach out to
anticipated violations)
the Office of Public Advocacy to
discuss your options in more depth.

Yes

Do you believe the violation No


related to you specifically (We
cannot hear issues filed on
behalf of another issues
individual)

Yes

Your issue seems to meet the


requirements for a petition. Take a
look at our Petition page to see how
to fill a petition. At any point, feel free
to reach out to the Office of Public
Advocacy to discuss your options in
more depth.

20 THE DUKESTITUTION
HOW TO FILE A CASE WITH THE DSGJ
So you’ve decided to move forward and file a formal petition with the Judiciary. Great!
Below is a helpful step by step guide for what you can expect during the process. Your first
step is to complete a complaint form. The complaint form will include the name(s) of the
petitioner(s), the respondent(s), the known facts, legal basis for your claim and your
requested relief.

Once your petition has been filed, it will be reviewed by the Judiciary who will then decide
whether or not to hear the case. The respondents will be given the opportunity to respond
to the petition. We review petitions on a rolling basis, and endeavor to respond to all
petitions in a timely matter.

HEARING PROCEDURES

The Judiciary may grant you a hearing to


render a decision on the relief you
requested. The Judiciary will notify all parties
involved of the assigned date, time and
venue for the hearing.

The petitioner(s) will appear before the


seven justices along with the respondent(s)
and any relevant witnesses. Each side is
typically given thirty minutes of oral
argument time, during which they may
present their case and any witnesses they
may have. During this time, the opposing
counsel may not interrupt, ask questions, or
object. Each side is then typically given five
minutes to respond to the opposing
counsel’s argument.

During oral argument, the justices may


interrupt to ask questions regarding the
case. Counsel should attempt to respond to
the questions as best they can and then
continue with their argument. Only the
justices, the petitioner(s), the respondent(s),
and their representatives may speak during
the hearing. Any press or viewers may not
interrupt, ask questions, or speak once the
hearing is in progress.

On the following page, you can find an example petition.


You can file a petition through the DSGJ website:
https://www.dsg-j.org

THE DUKESTITUTION 21
EXAMPLE DSGJ COMPLAINT FORM
Cameron B. Dukie
PETITIONER(S)

Head Line Monitor


RESPONDENT

CONTACT INFORMATION
Cameron B. Dukie. I nbd6@duke.edu I (508)-981-4897

FACTS

Cameron B. Dukie and five friends were tenters in K-Ville. On January 15, 2014, at 5:45 PM,
Dukie and his tent-mates all completed a tent check and were marked present by the Line
Monitors. On January 16, 2014, at 8:00 PM, Dukie was notified that his tent had missed a tent
check at 6:00 PM the night before and that, as this was the second missed check, the tent
would be bumped to the end of the line.

LEGAL BASIS FOR CLAIM

Under the official Basketball Policy (https://dsg.dukegroups.duke.edu/meet-us/constitution-


and-bylaws/duke-basketball-walk-up-line-policy-2012-2013/), grace is called for an hour after
each tent check. Thus, grace should have been in effect until at least 6:45 PM on January 15.
No valid tent check can occur, and thus no missed tent check can be assessed during this
time. Moreover, the Line Monitors failed to email tent captain Dukie within 12 hours of the
alleged missed tent check as required by the Policy.

RELIEF REQUESTED

Dukie respectfully requests that the missed tent check be invalidated and that his team be
restored to its place in line.

Jaeson Alberr
Name & Signature

22 THE DUKESTITUTION
CAMPUS RESOURCES
If you decide that the Duke Student Government Judiciary is not the best place to seek
redress, there are several organizational bodies on Duke’s campus that can help you.

DSG OFFICE OF
PUBLIC ADVOCACY
advocacy@duke.edu DUKE STUDENT GOVERNMENT
Questions regarding options on
how or when to proceed with a www.dukestudentgovernment.org
case or to provide help navigating For additional information regarding
the judicial branch. If you choose DSG By-Laws and prior DSGJ cases
to proceed with a case, OPA can
provide representation and advice
throughout the process

OFFICE FOR HOUSING &


INSTITUTIONAL EQUITY RESIDENTCE LIFE
(919) 684-8222
www.studentaffairs.duke.edu/hdrl/
Cases of harassment and
For issues relating to residential life
discrimination including where the
on campus including RA and
individual committing the alleged
roommate disputes
crime is not a student

DUKE POLICE
OFFICE OF FRATERNITY
AND SORORITY LIFE Emergencies: 911 Non-Emergencies:
(919) 684-2444
https://police.duke.edu
919) 684 9401
For all criminal and illegal activity,
For issues relating to Greek life
also accepts anonymous reports
through the Silent Witness Program

THE DUKESTITUTION 23
INCIDENT REPORTS
If you still are unsure how to proceed, a great catch all option is to file an online incident
report with the Office of Student Conduct. Upon receiving a report, the Office of Student
Conduct will respond as appropriate, or direct you to the correct organizational body.

Filing an incident report helps you share information about a concern with a campus
administrator. You do not have to be the student directly involved in an incident to file a
report. The incident form does not have to be disciplinary in nature in order for you to
use the form, making them a good first step if you are unsure how to proceed.

Incident reports can include more than just issues of student conduct. Examples of when
you might wish to file a report include:
If you witness a student cheating on an exam
If you see vandalism on campus
Issues related to alcohol consumption

If you wish to file a report on a bias-related incident, you can do so online through the
Duke’s Bias Incident Report Form: https://studentaffairs.duke.edu/bias-response

If you wish to file a report anonymously, you can also do so online through DukeReach’s
Public CARE Report: https://studentaffairs.duke.edu/dukereach1/reporting-concern

OFFICE OF STUDENT CONDUCT


conduct@duke.edu / (919) 684-6938
https://studentaffairs.duke.edu/conduct/report-incident

DUKE REACH
dukereach@duke.edu / (919) 681 2455
https://studentaffairs.duke.edu/dukereach1/reporting-concern

24 THE DUKESTITUTION
CONFIDENTIAL RESOURCES
Should you wish to discuss an alleged violation or any personal concern in confidence, there
are several sites on campus with professionals who serve in a role in which communication
is privileged under North Carolina law and whom the university has designated as a
confidential resource consistent with Title IX. These include:

COUNSELING AND PSYCHOLOGICAL SERVICES (CAPS)

(919) 660-1000
https://studentaffairs.duke.edu/caps
For counseling and mental health resources
available at all times

STUDENT HEALTH
(919) 681 9355
For a wide range of healthcare services, many of
which are covered by the Student Health Fee

WOMEN’S CENTER
(919) 684 3897
WCHelp@duke.edu
Crisis support for people of all genders who are
survivors of gender violence, including sexual
assault, stalking, or unwanted contact,
harassment or intimate partner violence

CLERGY
Clergy acting in their capacity as such in their
professional role at Duke are not required to
disclose information you divulge without your
permission

OMBUDSPERSON

(919) 660 2444


ada.gregory@duke.edu
Neutral and confidential guidance on a variety
of issues, as well as support and reporting
options in situations involving but not limited to
student sexual misconduct

THE DUKESTITUTION 25
Duke Student Government Judiciary
www.dsg-j.org

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