By-Laws of The American Parliamentary Debate Association, Inc.
Last updated March 3rd, 2016 (reflecting changes up to Rutgers)
- 1 Article I Offices
- 2 Article II Members
- 2.1 Section 2.01 Who Shall Be Members
- 2.2 Section 2.02 Transfer, Term and Termination of Membership
- 2.3 Section 2.03 Dues
- 2.4 Section 2.04 Annual Meeting and Elections
- 2.5 Section 2.05 Special Meetings
- 2.6 Section 2.06 Record Date for Meetings and Other Actions
- 2.7 Section 2.07 Notice of Meetings
- 2.8 Section 2.08 Waivers of Notice
- 2.9 Section 2.09 List or Record of Members at Meetings
- 2.10 Section 2.10 Quorum at Meetings
- 2.11 Section 2.11 Presiding Officer and Secretary
- 2.12 Section 2.12 Proxies
- 2.13 Section 2.13 Inspectors of Meetings
- 2.14 Section 2.14 Vote of Members
- 2.15 Section 2.15 Conduct of Meetings
- 2.16 Section 2.16 Observers
- 2.17 Section 2.17 Action by Members Without a Meeting
- 2.18 Section 2.18 Who Shall be Eligible to Vote
- 3 Article III Board of Trustees
- 3.1 Section 3.01 Power of Board and Qualification of Trustees
- 3.2 Section 3.02 Number of Trustees
- 3.3 Section 3.03 Election and Term of Trustees
- 3.4 Section 3.04 Newly Created Trusteeships and Vacancies
- 3.5 Section 3.05 Resignation
- 3.6 Section 3.06 Removal of Trustees
- 3.7 Section 3.07 Meetings of the Board
- 3.8 Section 3.08 Written Consent of Trustees; Meeting of Trustees by Conference Telephone or Electronic Communication
- 3.9 Section 3.09 Committees of the Board
- 3.10 Section 3.10 Compensation of Trustees
- 3.11 Section 3.11 Annual Report of Trustees
- 3.12 Section 3.12 Purchase, Sale, Mortgage and Lease of Real Property
- 4 Article IV Officers, Agents, and Employees
- 5 Article V Miscellaneous
- 5.1 Section 5.01 Fiscal Year
- 5.2 Section 5.02 Corporate Seal
- 5.3 Section 5.03 Checks, Notes, and Contracts
- 5.4 Section 5.04 Books and Records
- 5.5 Section 5.05 Amendments to the Certificate and Bylaws
- 5.6 Section 5.06 Indemnification and Insurance
- 5.7 Section 5.07 Loans to Trustees or Officers
- 5.8 Section 5.08 Tournaments
- 5.9 Section 5.09 National Debate Championship
- 5.10 Section 5.10. Speaker, Team, Club and Novice of the Year
- 5.11 Section 5.11 The Chris Porcaro Memorial Award
- 5.12 Section 5.12 The Jeff Williams Award
- 5.13 Section 5.13 Distinguished Service Awards
- 5.14 Section 5.14 Exceptions
- 5.15 Section 5.15 The Kyle Bean Award
- 6 Appendix A: Votes of the Body Referred to In These Bylaws
- 7 Appendix B: Best Practices
Article I Offices
Section 1.01 Location
The principal office of the American Parliamentary Debate Association (hereafter “APDA”) within the State of New York shall be located at: 401 Alfred Lerner Hall, MC 2602, 2920 Broadway, New York, NY 10027. The post office address of an office of APDA at which the books and records of account of APDA shall be kept is: One Whig Hall, Princeton University, Princeton, New Jersey 08544. APDA may maintain additional offices at such other places as the Board of Trustees may determine.
Article II Members
Section 2.01 Who Shall Be Members
Any speech or debating organization at a community college, junior college, four-year college, or university in the United States, its commonwealths, districts and territories, or in the Dominion of Canada, shall be eligible to become a member of APDA. Membership in APDA shall be contingent upon the payment of dues prescribed by this status and approval by the Board of Trustees. Membership to APDA shall be allocated to educational institutions, and no more than one debating institution shall receive membership per institution.
Section 2.02 Transfer, Term and Termination of Membership
Membership in APDA shall not be transferable. Notwithstanding the foregoing, any member, after having fulfilled all obligations to the Corporation, may resign by written notice to the Vice President for Operations of APDA (any such resignation to take effect as specified therein, or if not specified, upon receipt by the Vice President for Operations), and any member may be removed or suspended at any time by a two-thirds vote of the other members. Any member of APDA so removed or suspended may be reinstated by a majority vote of the membership at a meeting of the body following the initial suspension.
Section 2.03 Dues
A. Annual Dues. The membership may determine the amount of annual dues payable to the Corporation by members.
B. Payment of Dues. Dues shall be payable in advance of such meeting at which elections for the officers of Board of Trustees are held. Dues of a new member shall not be prorated. Members may submit a request for a waiver of their dues to the Vice President of Finance, who shall have the authority to grant or deny such requests, subject to reversal by the Class A and B trustees.
C. Default in Payment. If dues are not paid by the aforementioned time, the member will not be eligible to vote at meetings of the members, including voting in elections, or to compete at the National Debate Championship until such time that dues are paid in full. When any member shall be in default in the payment of its dues for a period of five months from the beginning of the fiscal year (in accordance with V. 5.01), its membership may thereupon be terminated by the Board of Trustees. A member so terminated shall be reinstated upon the payment of all delinquent sums.
Section 2.04 Annual Meeting and Elections
A meeting of the members of APDA shall be held annually for the election of Class A and B Trustees in accordance with Section 3.03 (hereafter “the Annual Meeting”) and the transaction of such other business as may properly come before the meeting on a date to be determined annually by the members. In addition, a meeting of the members of APDA shall be held prior to the Annual Meeting to elect the other officers of the Board of Trustees (hereafter “the Elections Meeting”) and conduct such other business as may properly come before the Elections Meeting on a date to be determined annually by the members. The term of office for each elected Board of Trustees shall begin following the election of Class A and B Trustees during the Annual Meeting.
Section 2.05 Special Meetings
Special meetings of the members may be called by the Board of Trustees or by the President. Special meetings also may be convened by the members entitled to cast at least ten percent of the total number of votes entitled to be cast at such meeting. This group may, in writing or on the APDA online forum, demand the call of a special meeting, specifying the date and month thereof, which shall not be less than two weeks nor more than three months from the date of such meeting. The Vice President for Operations of APDA, upon receiving the written demand, shall give notice of such meeting promptly, or, if she/he fails to do so within ten business days, any member signing the demand may give notice. APDA shall hold at least three special meetings in each period from September 1 to December 31 (the “fall semester”), and at least two special meetings in each period from January 1 to June 1 (the “spring semester”).
Notice of a special meeting shall state the purpose or purposes for which the meeting is called and shall indicate that it is being issued by or at the direction of the person or persons calling the meeting. Special meetings shall be held at such place, date, and hour as may be specified in the notice thereof.
Section 2.06 Record Date for Meetings and Other Actions
For the purpose of determining the members entitled to the allotment of any rights, the Board of Trustees may fix a date as the record date for any such determination of members. Such record date shall not be more than thirty nor fewer than ten days before the date of such meeting. If no record date is so fixed by the Board of Trustees, the record date for the determination of members shall be at the open of business on the day on which the resolution of the Board of Trustees relating thereto is adopted.
A determination of members entitled to notice of or to vote at any meeting of the members which has been made in accordance with Section 2.05 shall apply to any adjournment of the body thereof, unless the Board of Trustees fixes a new record date under this Section for the adjourned meeting.
Section 2.07 Notice of Meetings
Whenever members are required or permitted to take any action at a meeting, notice shall be given to the members by the Vice President for Operations stating the place, date, and hour of the meeting. As provided in Section 2.03, notice of a special meeting shall also state the purpose for which the meeting is called. A copy of the notices of any meeting shall be given by mail, by email, or on the APDA online forum, to each member entitled to vote at such meeting. Such notice shall be given not fewer than ten nor more than fifty days before the meeting. If mailed non-electronically, such notice shall be given when deposited in the United States mail, directed to the member.
Section 2.08 Waivers of Notice
Notice of any meeting need not be given to any member who submits a signed or electronic waiver of notice, in person or by proxy. The attendance of any member at a meeting, in person or by proxy, without protesting prior to the conclusion of the meeting the lack of notice of such meeting, shall constitute a waiver of notice by such members.
Section 2.09 List or Record of Members at Meetings
A list or record of the members entitled to vote as of the record date, certified by the Vice President for Operations, shall be produced at any meeting of members upon the request of any member who has given written notice to APDA that such a request will be made at least ten days prior to such meeting. If the right to vote at any meeting is challenged, the inspectors of meeting or the person presiding shall require such a list or record of members to be produced as evidence of the right of the persons challenged to vote at such meeting, and all persons who appear from such list or record to be members entitled to vote thereat may vote at such meeting.
Section 2.10 Quorum at Meetings
Except as otherwise provided by law, the Certificate of Incorporation or these Bylaws, members entitled to cast one-third of the number of votes entitled to be cast thereat, excluding proxy votes, shall constitute a quorum at any meeting of members for the transaction of any business. Notwithstanding the foregoing, the members present at any meeting may adjourn any meeting to another time and place despite the absence of a quorum.
Section 2.11 Presiding Officer and Secretary
At any meeting of the members, if neither the President, nor the Vice President for Operations, nor the Vice President for Finance, nor any of the Members-at-Large, nor a person designated by the Board of Trustees to preside at the meeting shall be present, the members present shall appoint a presiding officer for the meeting. If the Vice President of Operations shall not be present, or shall be presiding, an appointee of the presiding officer shall act as Secretary of the meeting.
Section 2.12 Proxies
Every member entitled to vote at a meeting of members, as defined in Section 2.18 of these Bylaws, may authorize an individual present at the meeting of members in question to act for such member by proxy on one or more specific items. Prior to the meeting, the school wishing to authorize a bearer of its proxy must notify in writing, either electronically or via mail, the President or other presiding officer of the Board. In the event that such notice is not provided, the bearer of the proxy must present evidence of the proxy upon request by the presiding officer of the meeting.
Every proxy shall specifically direct the action to be taken by its holder or shall grant authority to the holder to act as she/he sees fit. Every proxy shall be signed, electronically or physically, by the member or her/his attorney-in-fact. Every proxy may be revocable by the member exercising it prior to the casting of the vote. Except in accordance with this rule, no member shall authorize another person or persons to act for such member by proxy. Additionally, only the Board of Trustees may be authorized to act for a member on items pertaining to the election of one or more members of the Board of Trustees. Members wishing to grant such authorization must specifically direct the action to be taken. Incumbent Class A and Class B Trustees: (1) Must be notified of such authorization in the manner described in the preceding paragraph. (2) Must send all directions to the President, Vice President for Operations and Vice President for Finance, without indicating which directions were given by an individual member. (3) May not disclose the directions given by any member, except in the manner described in this paragraph’s #2.
Section 2.13 Inspectors of Meetings
The Board of Trustees, in advance of any meeting of members, may appoint one or more inspectors to act at the meeting or any adjournment thereof. If inspectors are not so appointed, the person presiding at the meeting of members may, and on the request of any member entitled to vote thereat, shall appoint one or more inspectors; provided, however, that the requirement of inspectors at any meeting of members is waived unless compliance with the provisions of §610 of the Not-For-Profit Corporation Law is expressly requested by a member present in person and entitled to vote at such meeting. In case any person appointed fails to appear or act, the vacancy may be filled by appointment made by the Board of Trustees in advance the meeting or at the meeting by the person presiding thereat. Each inspector, before entering upon the discharge of his duties, shall take and sign an oath to execute faithfully the duties of inspector at such meeting with strict impartiality and according to the best of his ability.
The inspectors shall determine the number of members represented at the meeting, the existence of a quorum, the validity and effect of proxies, and shall receive votes, ballots or consents, hear and determine all challenges and questions arising in connection with the right to vote, count and tabulate all votes, ballots or consents, and do such acts as are proper to conduct the election or vote with fairness to all members. On request of the person presiding at the meeting or any members entitled to vote thereat, the inspectors shall make a report in writing of any challenge, question, or matter determined by them and execute a certificate of any fact found by them.
Section 2.14 Vote of Members
Except as otherwise required by law, the Certificate of Incorporation, or these Bylaws, whenever trustees or officers are to be elected by the members they shall be elected by a majority of the votes cast at a meeting of members by the members entitled to vote in the election.
Whenever more than two candidates stand for a single position, the election shall be conducted by preferential voting in the following method: (1) each member voting shall rank her/his votes for every candidate from first to last; (2) if no candidate receives a majority of first place votes, the candidate receiving the fewest number of first place votes shall be eliminated from the ballot and the rankings of the remaining candidates shall be adjusted accordingly; (3) if there is a tie for the fewest first place votes, the candidates not up for elimination shall be temporarily removed and the rankings of the tied candidates shall be adjusted accordingly. When the tie is broken, the votes of the remaining candidates shall be restored, with their rankings readjusted to account for the elimination of the candidate with the fewest first place votes; (4) this procedure shall repeat until one candidate has received a majority of first-place votes. For an at-large election for more than one position, the above procedure shall be followed with the following modifications: (1) the first candidate receiving a majority of first-place votes shall be elected to the position, and shall be eliminated from future ballots; (2) each member voting shall receive a new ballot to rank the remaining candidates; (3) this procedure shall repeat until all positions are filled.
Any tie votes shall be broken by the vote of all the officers present thereat, excluding those officers running for the position in question. If said vote is also tied, the highest ranking officer present thereat not running for the position in question shall break the tie. Blank votes or abstentions shall not be counted in the number of votes cast. If no person shall be elected as a result of this process, a new election shall be scheduled by the Board of Trustees.
All votes to elect trustees or officers shall be conducted by secret ballot. Each designated voting representative of a member organization shall be given an official paper ballot, each clearly distinguishable from unauthentic ballots, yet indistinguishable from one another.
Each ballot may be cast only by the member’s registered voting representative. The submission of each ballot by a given member’s representative shall be recorded by the Board of Trustees to prevent fraud. If the total number of ballots cast in any election exceeds the total number of members recorded as having voted, all ballots cast in that election shall be discarded and a new vote held.
Whenever any corporate action, other than the election of trustees or officers, is to be taken by vote of the members, it shall, except as otherwise provided by law, the Certificate of Incorporation, or these Bylaws, be authorized by a majority of the votes cast at a meeting by the members entitled to vote thereat. All votes to amend the bylaws or pass bylaws exemptions pursuant to section 5.14 shall be an open vote, unless otherwise requested to be secret ballot by at least one voting member of the body. For all other corporate actions, a secret ballot is only required if requested by one voting member. Except as provided in the preceding paragraphs, any reference in these Bylaws to corporate action at a meeting of the members by a “majority vote” or “two-thirds vote” shall require the action to be taken by such proportion of the votes cast at such meeting. Blank votes or abstentions shall not be counted in the number of votes cast. Except as otherwise provided by law, one vote shall be accorded to every member of record of APDA entitled to vote on any matter at any meeting of members. Any tie votes shall be broken by the vote of all the officers present thereat, excluding those officers running for the position in question. If said vote is also tied, the highest ranking officer present thereat not running for the position in question shall break the tie. The vote at any election of trustees or officers shall be by preferential ballots. The method of voting upon any other question before a meeting shall be at the discretion of the President or with the person presiding at the meeting. The members, by majority vote, may require that any such vote be by ballot or by division.
Section 2.15 Conduct of Meetings
Meetings shall follow loosely Robert’s Rules of Order. The President or person presiding at the meeting shall be the final arbiter of the parliamentary rules unless the Board of Trustees shall designate some other proper person. The President or the person presiding at the meeting may limit debate to reasonable time limits and may impose reasonable time limits on individual statements. The members, by majority vote, may overrule these limits. Such a resolution shall be voted upon immediately and without debate.
Section 2.16 Observers
Meetings shall be open to any and all observers, except that the members, by majority vote, may close a meeting to non-members. In any case, no meeting shall be closed to any members, nor shall any member be denied the right to speak at a meeting, except as the debate may be limited in accordance with Section 2.15.
Section 2.17 Action by Members Without a Meeting
Whenever under any provision of law, the Certificate of Incorporation, or these Bylaws, members are required or permitted to take any action by vote, such action may be taken without a meeting by written or electronic consent, setting forth the action so taken, signed or approved by two-thirds of the members entitled to vote thereon. Consent thus given by two-thirds of the members entitled to vote shall have the same effect as a two-thirds vote of the members, and any certificate with respect to the authorization or taking of such action which is delivered to the Department of State of the State of New York shall recite that the authorization was by two-thirds consent. The provision of this Section 2.16 shall not be construed to alter or modify any provision in the Certificate of Incorporation under which the written consent of fewer than two-thirds of the members is sufficient for any corporate action if such provision does not conflict with any provision of law.
Section 2.18 Who Shall be Eligible to Vote
A. Generally. Only those APDA members who have had at least 2 debaters compete in or attend at least three APDA-sanctioned tournaments during the course of the current academic year shall be eligible to vote at meetings of members. For the first two special meetings of each academic year, as defined in Section 2.05 of these Bylaws, eligibility to vote shall be determined based on tournament attendance during the previous academic year.
B. Elections. Any member wishing to vote for the election of APDA’s officers must disclose the name of the person who will be casting the member’s vote. If a member cannot agree on the person who will be casting the member’s vote, the member will not be able to vote until such time that the conflict is resolved by the individuals in question or team seniority is proven by one individual to the presiding officer.
Article III Board of Trustees
Section 3.01 Power of Board and Qualification of Trustees
APDA shall be managed by its Board of Trustees. Each Trustee shall be at least eighteen years of age.
Section 3.02 Number of Trustees
The number of trustees constituting the entire Board shall be eight (including ex officio members of the Board), unless otherwise increased or decreased as hereinafter provided. The number of Trustees may be increased or decreased by amendment of the Bylaws, except that in no case may the number of trustees (including ex officio members of the Board) be fewer than six or greater than eight, and in no case may any decrease in the number of trustees shorten the term of any incumbent trustee.
Section 3.03 Election and Term of Trustees
The members shall elect the officers of the Board of Trustees, pursuant to Section 2.04.
A. Officers. The President, Vice President for Operations, Vice President for Finance, and the three Members-at-Large shall be ex officio members of the Board of Trustees with full voting rights during their term of office.
B. Other Trustees. Other trustees shall be divided into two classes, hereby designated Class A and Class B. There shall be one trustee in each class. Trustees in Class A and Class B shall be elected to a term of two years except that: (1) A trustee elected to fill a vacancy left by an elected trustee prior to the completion of her/his term shall be elected for the unexpired term of her/his predecessor in office and until her/his successor is elected and qualified; (2) No trustees provided for in this Section 3.03 B may be elected more than once, unless the first election was to fill a vacancy left by an elected trustee prior to the completion of her/his term. (3) In 2000 and every second year thereafter, the term of any trustee in Class A shall end at the Annual Meeting of the Board; (4) In 2001 and every second year thereafter, the term of any trustee in Class B shall end at the Annual Meeting of the Board.
C. The initial Board of Trustees shall be comprised of those trustees named in the Certificate of Incorporation. Thereafter, subject to the provision of Section 3.03 A and B, the officers of the Board shall be elected at the Elections Meeting and the Class A and B trustees shall be elected at the Annual Meeting of the members as provided in by Section 2.13, and each shall continue in office until her/his successor is elected or qualified and the Annual Meeting has concluded, or until her/his death, resignation, or removal from office.
D. Trustees in Class A and Class B shall not be enrolled in any member school and may not participate in any APDA sanctioned tournament and may not compete for or serve as the coach of any member institution. If a trustee violates these regulations, they may be removed from office by a unanimous vote of the other members of the Board of Trustees. The outcome of this vote may be appealed to the membership at large at any meeting that is called, pursuant to Section 2.07.
Section 3.04 Newly Created Trusteeships and Vacancies
Newly created trusteeships resulting from an increase in the number of trustees elected and vacancies occurring in the Board of Trustees may be filled by a vote of the members. A trustee elected to fill a vacancy shall hold office until the Annual Meeting, at which her/his successor shall be elected.
Section 3.05 Resignation
Any trustee may resign from office at any time by delivering a resignation in writing to APDA through the Vice President for Operations or if necessary, another officer of the Board of Trustees. Such resignation shall take effect at the time specified therein and, unless otherwise specified, no acceptances of such resignation shall be necessary to make it secure.
Section 3.06 Removal of Trustees
Any or all of the trustees may be removed by a two-thirds vote of the members.
Section 3.07 Meetings of the Board
Meetings of the Board of Trustees, annual, regular, or special, may be held as may be fixed by the Board from time to time. Special meetings of the Board may be called at any time by the President. Notice of a meeting need not be given to any alternate trustee nor to a trustee who submits a waiver of notice, or who attends the meeting without protesting, prior thereto or at its commencement. A majority of the trustees present may adjourn any meeting to another time and place.
Section 3.08 Written Consent of Trustees; Meeting of Trustees by Conference Telephone or Electronic Communication
Any action required or permitted to be taken by the Board of Trustees or any committee thereof may be taken without a meeting if all of those on the Board of Trustees or such committee consent in writing or through electronic approval to the adoption of a resolution authorizing such action. Each resolution so adopted and the written consents thereto by members of the Board or such committee shall be filed with the minutes of the proceedings of the Board or such committee.
Any members of the Board of Trustees or of any committee thereof may participate in a meeting of such Board or committee by means of a conference telephone or similar communications equipment allowing all persons participating in the meeting to communicate with each other at the same time. Participation by such means shall constitute presence in person at a meeting.
Any meeting of the Board of Trustees or any committee thereof may be conducted through telephone or electronic communication, ensuring that no vote is held nor conclusive position reached until such time that all members of such Board or committee have received and delivered all relevant communications.
Section 3.09 Committees of the Board
The Board of Trustees, by resolution adopted by a majority of the officers, may designate from among its members an Executive Committee and other standing committees, each consisting of three or more trustees, and each of which, to the extent provided in the resolution, shall have all the authority of the Board, to the full extent permitted by law. The Board may designate one or more trustees as alternate members of any standing committee, who may replace any absent member or members at any meeting of such committee.
A. Special Committees. The Board may create such special committees as may be deemed desirable. The members of such committees shall be appointed by the President of APDA with the support of the majority of the officers of the Board. Special committees shall have only the powers specifically delegated to them by the Board and in no case shall have powers which are not authorized for standing committees under the Not-For-Profit Corporation Law.
B. Standing Committees. The Board shall appoint members to at least three standing committees prior to September 1 each year. The members of such committees shall be appointed by the President of APDA with the majority of the officers of the Board. These committees shall include the Novice Mentor Committee, the Equal Opportunity Facilitator Committee, and the Expansion Coordinator Committee. Standing committees shall have only the powers specifically delegated to them by the Board and in no case shall have powers which are not authorized for standing committees under the Not-For-Profit Corporation Law. The Board may create additional standing committees as it sees fit.
C. Service of the Committees. Each such committee shall serve at the discretion of the Board. The designation of any such committee and the delegation thereto of authority shall not alone relieve any trustee of her/his duty to APDA under §717 of the Not-For-Profit Corporation Law.
Section 3.10 Compensation of Trustees
Trustees may not receive compensation for services rendered to APDA.
Section 3.11 Annual Report of Trustees
The Board of Trustees shall present at the Annual Meeting of members or at a special meeting a report, verified by its President and Vice President for Finance or by a majority of the trustees, or certified by an independent public or certified public accountant of a firm of such accountants selected by the Board, showing in appropriate detail the following: (1) the assets and liabilities, including trust funds, of APDA as of the end of a twelve-month fiscal period terminating not more than six months prior to said meeting; (2) the principal changes in assets and liabilities, including trust funds, during said fiscal period; (3) the revenue or receipts of APDA, both unrestricted and restricted to particular purposes, during said fiscal period; (4) the expenses or disbursement of APDA, for both general and restricted purposes during said fiscal period; and (5) the number of members of APDA as of the date of the report, together with a statement of increase or decrease in such number during said fiscal period.
The annual report of trustees shall be filed with the records of APDA and either a copy or an abstract thereof entered into the minutes of the proceedings of the Annual Meeting of members or such special meeting at which the report is presented.
Section 3.12 Purchase, Sale, Mortgage and Lease of Real Property
No purchase, sale, mortgage, or lease of real property shall be made by APDA.
Article IV Officers, Agents, and Employees
Section 4.01 General Provisions
The officers of APDA shall be a President, a Vice President for Operations, a Vice President for Finance, and three Members-at-Large. Any student enrolled in any APDA member school in good standing who has used no more than three years of eligibility and will be enrolled at an APDA member school in good standing the following year may run for any APDA Executive Board position. Every candidate for a Trustee position must declare her/his candidacy to the Board of Trustees no fewer than thirty days prior to the Elections Meeting. At each Annual Meeting of the members, the members shall elect one outside trustee, pursuant to Section 3.03 B.
Section 4.02 Term of Office, Vacancies and Removal
The officers shall be elected by the members. Each officer shall hold office until the Annual Meeting of the members after her/his appointment and until her/his successor has been appointed and qualified, except where removed by a two-thirds vote of the members at a meeting that satisfies a quorum. No two or more offices may be held by the same person. If an elected office becomes vacant for any reason, it may be filled by majority vote of the members. Any officer so selected shall serve only until such time as the unexpired term of her/his predecessor shall have expired unless re-elected. Such removal without cause shall be without prejudice to such person’s contract rights, but appointment of any person as an officer, agent, or employee of APDA shall not of itself create contract rights.
Section 4.03 Powers and Duties of the Officers
A. President. The President shall serve as the chief executive officer of APDA. The President shall preside at all meetings of the Board of Trustees, breaking any ties arising therein by casting a second vote, and of members, and, subject to the supervision of the Board, shall perform all duties customary to that office and shall supervise and control all the affairs of APDA in accordance with policies and directives approved by the Board. The President shall, with the approval of the Board, appoint an individual to oversee the maintenance of APDA’s electronic and internet resources. The President shall represent the United States in the World Universities Debating Council, voting in a manner consistent with the majority of all United States debate organizations present. If the President is unable to act as the United States representative, she/he shall appoint a replacement person affiliated with an APDA member school to represent the United States. The President shall manage APDA’s correspondence with other debate organizations.
B. Vice President for Operations. In the absence of the President or in the event of her/his inability or refusal to act, the Vice President for Operations shall perform the duties of the President, and, when so acting, shall have all powers of and be subject to all the restrictions upon the President. The Vice President for Operations shall tally the points for APDA Speaker, Team, Novice, and Club of the Year and manage the purchase of trophies for those awards. The Vice President for Operations shall be responsible for keeping an accurate record of the proceedings of all meeting of the Board of Trustees, shall give or cause to be given all notices in accordance with these Bylaws or as required by law, and shall perform all duties customary to the office of Secretary. The Vice President for Operations shall ensure that the Chris Porcaro Memorial Award and the Jeff Williams Award are distributed each year, and shall oversee their tabulations. The Vice President for Operations shall oversee the appointment of the Distinguished Service Award Committee and serve on that committee. The Vice President for Operations shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe by standing or special resolution, or as the President may from time to time provide, subject to the powers and supervision of the Board.
C. Vice President for Finance. In the absence of the President and Vice President for Operations or in the event of their inability or refusal to act, the Vice President for Finance shall perform the duties of the President, and, when so acting, shall have all powers of and be subject to all the restrictions upon the President. The Vice President for Finance shall have the custody of, and shall be responsible for, all funds and securities of APDA. The Vice President for Finance shall keep or cause to be kept complete and accurate accounts of receipts and disbursements of APDA in the name and to the credit of APDA in such banks or depositories as the Board of Trustees shall designate. The Vice President for Finance shall keep a list of all members who have paid dues, and shall move for the admittance of any prospective member of APDA by the Board of Trustees if she/he has received dues from that prospective member, in keeping with Sections 2.01 and 2.03. Whenever required by the Board, the Vice President for Finance shall render a statement of accounts. The Vice President for Finance shall at reasonable times exhibit the books and accounts to any officer or trustees of APDA, and shall perform all duties incident to the office of Treasurer, subject to the supervision of the Board, and such other duties as shall from time to time be assigned by the Board.
D. Members-at-Large. The duties of the Members-at-Large shall include: (1) Assisting in the organization and execution of the National Debate Championship and serving as liaison between the host member and the Board; (2) Assisting in the organization and execution of the North American Debate Championship in such years as APDA is host and serving as liaison between the host member and the Board; (3) Assisting in the organization and execution of the Novice Tournament(s) and serving as liaison between the host member(s) and the Board; (4) Overseeing the standing committees established by Section 3.10 B and serving as liaison between the committees and the Board; (5) Maintaining and acquiring audio, audio/visual, or otherwise recorded footage of debate rounds for the APDA archive, as well as maintaining and acquiring other materials relevant to APDA’s history and worthy of preservation; (6) Preparing and distributing APDA’s newsletter; (7) Any such other duties as the Board of Trustees may from time to time prescribe by standing or special resolution, or as the President may from time to time provide, subject to the powers and supervision of the Board.
These duties shall be divided among the Members-at-Large as the Board of Trustees may prescribe by standing or special resolution.
Section 4.04 Agents and Employees
The Board of Trustees may appoint agents and employees who shall have such authority and perform such duties as may be prescribed by the Board. The Board may remove any agent or employee at any time with or without cause. Removal without cause shall be without prejudice to such person’s contract rights, if any, and the appointment or such person shall not itself create contract rights.
Section 4.05 Compensation of Officers, Agents, and Employees
APDA shall not pay any compensation to officers for services rendered to APDA, except that officers may be reimbursed for expenses incurred in the performance of their duties to APDA in reasonable amounts as approved by a majority vote of the entire Board.
The compensation of agents and employees appointed by the Board shall be fixed by the Board, but this power may be delegated to any officer, agent, or employee as to persons under that person’s direction or control. The Board may require officers, agent or employees to give security for the faithful performance of their duties.
Article V Miscellaneous
Section 5.01 Fiscal Year
The fiscal year of APDA shall begin on June 1 and end on May 31.
Section 5.02 Corporate Seal
The seal of APDA shall be circular in form and contain the name of APDA, the words “Corporate Seal” and “New York” and the year APDA was formed, 1981, in the center. APDA may use the seal by causing it or a facsimile of it to be affixed or impressed or reproduced in any manner.
Section 5.03 Checks, Notes, and Contracts
The Board of Trustees shall determine who shall be authorized from time to time on APDA’s behalf to sign checks, notes, drafts, acceptances, bills of exchange and other orders or obligation for the payment of money; to enter into contracts; or to execute and deliver other documents and instruments.
Section 5.04 Books and Records
APDA shall maintain (1) correct and complete books and records of accounts; (2) minutes of the proceedings of its members; and (3) a current list of the members, trustees, and officers of APDA.
Section 5.05 Amendments to the Certificate and Bylaws
The Certificate of Incorporation may be amended by the members pursuant to §802 of the New York Not-For-Profit Corporation Law.
These Bylaws may be amended or repealed, and new Bylaws may be adopted only by a two-thirds vote of those present in a quorum meeting. If any Bylaw regulating an impending election of trustees is adopted, amended or repealed by the Board, there shall be set forth in the notice of the next meeting of members for the election of trustees the Bylaws so adopted, amended or repealed, together with the concise statement of the changes made.
Section 5.06 Indemnification and Insurance
APDA may indemnify any person made, or threatened to be made, a party to an action or proceeding other than one by or in the right of APDA to procure a judgment in its favor, whether civil or criminal, by reason of the fact that such person or such person’s testator or intestate is or was a trustee or officer of APDA or serves or served any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise in any capacity at the request of APDA, and APDA may advance such person’s related expenses, to the full extent permitted by law. APDA shall have the power to purchase and maintain insurance to indemnify APDA and its trustees and officers to the full extent such indemnification is permitted by law.
In no case shall APDA indemnify, reimburse, or insure and person for any taxes imposed on such individual under chapter 42 of the Internal Revenue Code of 1986, as now in effect or as may be amended (“the Code”). Further, if at any time APDA is deemed to be a private foundation within the meaning of section 509 of the Code then, during such time, no payment shall be made under this Article if such payments would constitute an act of self-dealing or a taxable expenditure, as defined in §4941(d) of §4945(d), respectively, of the Code.
If any part of this Article shall be found in any action, suit or proceeding to be invalid or ineffective, the validity and the effectiveness of the remaining parts shall not be affected.
Section 5.07 Loans to Trustees or Officers
No loans, other than through the purchase of bond, debentures, or similar obligations of the type customarily sold in public offerings, or through ordinary deposit of funds in a bank, shall be made by APDA.
Section 5.08 Tournaments
A. Sanctioning. APDA shall, by majority vote of the members, sanction debating tournaments hosted by its members. A vote of the body promulgating a schedule shall be considered to sanction all the tournaments appearing on that schedule. Each sanctioned tournament shall make known to competitors its tabulation procedures, judging procedures and debating format, and, if providing accommodations to competitors, pledge to provide safe accommodations. Except as otherwise provided by the Certificate of Incorporation or these Bylaws, the Corporation shall not direct how a member shall run its tournament. In order to award points for Team, Speaker, Novice, or Club of the Year, a tournament must be APDA-sanctioned.
B. Sanctioning Criteria and Eligibility.
APDA shall maintain a “Best Practices” document, containing a list of expectations with which APDA-sanctioned tournaments should comply, and append that document to these bylaws. This document may be amended by a two-thirds vote of the members at a meeting that satisfies a quorum. If a member that has hosted an APDA-sanctioned tournament requests that one of its future tournaments be sanctioned by APDA, the member must disclose the answer to each of the following questions about its most recent APDA-sanctioned tournament: (1) Did the tournament violate any of the Best Practices?; (2) If any of the Best Practices were violated, why were they violated, and what steps are being taken to ensure the practices are not violated at future tournaments? Disclosure must be made to the league by posting in the “General” section of APDA’s private online message board. Disclosure must take place no later than 2 weeks prior to the meeting at which the member is requesting an APDA-sanction for its tournament. The Board of Trustees may grant extensions on a case-by-case basis. British Parliamentary debate tournaments and the North American Debate Championship shall not be required to adhere to these requirements.
If a member that has hosted an APDA-sanctioned tournament requests that one of its future tournaments be sanctioned by APDA, the member must disclose the number of competing teams and novice debaters at their most recent tournament, pursuant to Section 5.10 E. Disclosure should be made to the ex officio members of the Board of Trustees, and must take place no later than 2 weeks prior to the meeting at which the member is requesting an APDA-sanction for its tournament. The board may grant extensions on a case-by-case basis.
Each sanctioned tournament shall provide to the Board a list of every competitor in attendance, and a list of every institution which had at least one two-person team competing at the tournament.
Teams hosting APDA-sanctioned tournaments must clearly indicate in their invitations if they plan to impose late fees and other punitive measures on attending teams that do not pay registration fees on time.
Teams hosting APDA-sanctioned tournaments may not instruct a judge to give a score higher or lower than 25 for a speech that the judge considers to be average. Teams that give such instructions without receiving an exemption from the Board prior to the beginning of the tournament will be fined the average cost of registration at their tournament. This fee shall not be assessed to the host of the North American Debate Championship when that host is not an APDA member school.
If the Board of Trustees appoints a Tab Observer to monitor a particular tournament, the team hosting that tournament must allow the observer to monitor the tournament’s tab room and must give the observer access to all information relevant to tabulation. The appointment of a Tab Observer requires the agreement of 5 of the ex officio members of the Board of Trustees.
If there is only one APDA-sanctioned tournament scheduled for a particular weekend, that tournament is considered “unopposed.” Each member institution which hosts an unopposed tournament shall pay APDA a fee in the amount of $7 for each 2-person team that competes at its tournament, excluding the first sixty 2-person teams. The fee must be paid to APDA no later than 3 months after the conclusion of the tournament or before APDA’s next National Championship tournament, whichever comes first. Failure to pay in accordance with the guidelines specified above shall result in the suspension of a member’s voting rights at meetings of the members until the fee is paid in full. No member shall be required to pay a fee for hosting the National Debate Championship or the North American Championship tournament. Any discrepancies in the payment of such fees shall be decided by a majority vote of the body.
Schools intending to require prepayment for their tournament(s) must announce so at scheduling or in its official tournament bid to the Board of Trustees.
D. Other Tournaments
APDA shall, by majority vote of the members, determine the host of the APDA Novice Tournament(s). It shall be held in the fall semester.
APDA shall, by majority vote of the members, determine the host of the Pro-Ams Tournament. It shall be held in the fall semester. The members may, by majority vote, elect to schedule a second Pro-Ams tournament in the spring semester. The host of such tournament shall be determined in the same way as the fall tournament.
Section 5.09 National Debate Championship
A. Championship. APDA shall sponsor an annual National Debate Championship (“Championship”). The host and location of the Championship shall be determined by majority vote of the members. APDA shall establish tabulation and judging procedures for the Championship and shall appoint a tabulation observer for the Championship in accordance with Section 5.08 C. The Class A and B Trustees shall field open applications for and choose the tabulation staff for the Championship, subject to ratification by a majority vote of the body. No person serving on the tabulation staff or as a tabulation observer shall be permitted to receive monetary or fungible compensation specifically affected by the results of the National Debate Championship. Any individual found to receive these benefits will be subject to removal from the tabulation room at the discretion of the Trustees.
B. Competitors. Only competitors sponsored by a member of APDA may compete at the Championship. Each competitor shall be a student that is primarily enrolled in that community college, junior college, four-year college or university which sponsors her/him. A competitor is considered to be primarily enrolled at the institution where she/he is taking the majority of the classes in which she/he is enrolled at the time the Championship is held. No competitor at the Championship shall have participated on APDA for more than eight semesters. One may use a semester of eligibility by competing at two or more sanctioned tournaments as defined in Section 5.08 of these Bylaws during any given half of an academic year or one may use two semesters of eligibility by competing at the National Championship. In addition, all eligibility must be used within 6 years of one’s initial semester and an individual may not compete in more than 4 Championships. One may participate in the championship if she/he used her/his last remaining eligibility within the same academic year. Both competitors in each two-person team (team) competing at the Championship shall be sponsored by the same member.
The Vice-President for Operations is authorized to recommend exemptions to enable debaters to debate for schools at which they are not primarily enrolled. This exemption shall be granted for only one academic year and shall only be granted after a non-binding consultation with the proper expansion coordinator. Exemptions must be unanimously ratified by the Board. The body may overrule the granting of an exemption with a two-thirds vote and may overrule the denial of an exemption with a majority vote. Only debaters who are not primarily enrolled in a member institution of APDA are eligible for an exemption. For the APDA National Championship Tournament, the host school shall be entitled to send their qualified debaters, and/or their free seed, to compete at that Championship Tournament.
The body is authorized to grant exemptions to enable debaters to debate for schools at which they are not primarily enrolled. Exemptions must be approved by a two-thirds secret vote of the body. An exemption so ratified by the body can be granted to debaters who are primarily enrolled in a member institution of APDA and are requesting to change affiliation.
An individual or individuals may be sponsored to compete if that individual is qualified by: (1) Gaining at least as many TOTY points in a season as the 140th highest number of TOTY points earned by individuals in a single season during the prior two seasons. An individual is considered to have “gained,” for the purposes of qualification, any TOTY points that would have been gained by the team the individual was on, even if the tournament at which those points shall be earned is not ordinarily included in the tabulation of TOTY. “Qualifying” tournament is defined as an APDA-sanctioned parliamentary debate tournament in the United States or Canada which: (a) permits all individuals affiliated with member institutions of APDA not in debt to the institution running the tournament or recommended for exclusion by the Board (pursuant to the Code of Conduct) or excluded by the tournament host’s university or collegiate administration or excluded by the equity officer appointed by the host team pursuant to their equity policy for violations that occur at their tournament to compete; (b) consists of at least four preliminary rounds and at least two elimination debate rounds; and (c) includes among its competitors at least eight teams from representatives of at least four member schools, not including its own; or (2) Advancing to the quarterfinal round or being one of the two highest-ranking teams from the United States at the North American Debate Championship during that season; (3) Advancing to elimination rounds at the World Universities Debating Championship during that season; (4) Advancing to the final round or being one of the two highest-ranking teams from the United States at the North American Universities British Parliamentary Debating Championship; or (5) Advancing to the semifinal round at the Yale IV; or (6) advancing to the final round at the Brandeis Intervarsity tournament; or (7) Winning a sanctioned APDA tournament hosted by a school that (a) has hosted a tournament in one or more of two consecutive years prior to this year, (b) has not hosted a tournament with more than 32 teams in attendance for one year prior to this year, and (c) has fewer than 5 other active APDA members within 200 miles of its main campus's zipcode. If, following the final qualifying tournament of the season, a member school has no qualified individuals, that member may sponsor one and only one debater as qualified for the purposes of competition at the Championship so long as that individual has gained enough TOTY points in the season to have qualified 5 seasons before, as calculated in (1), above. In the event that multiple individuals from the same member school could qualify by this provision, the individual who has gained the highest number of TOTY points shall qualify. In the event of a tie, the Class A and B trustees shall randomly determine which individual shall qualify at leas five days before the date of the Championship.
A team at a qualifying tournament composed of competitors affiliated with two different institutions shall qualify both competitors.
If a qualified debater chooses not to compete at the National Championship, a member may replace that debater with an unqualified debater. The replacement debater shall not be treated as a qualified debater. A member school can replace up to one qualified debater with an unqualified debater.
Each member with four or fewer qualified individuals may sponsor at most three unqualified individuals to compete at the Championship. Members with five or more qualified individuals may sponsor at most two unqualified individuals each to compete at the Championship. Unqualified debaters who are replacing a qualified debater will not count against this limit.
D. Expelled Competitors
In order to permit tournament hosts to comply with Section 5.09.c.1.a of these Bylaws, the President and the Secretary of the Equal Opportunity Facilitator Program shall keep a list of debaters who have been banned or expelled from member organizations, as defined in Section 2.01. Any member organization that has banned or expelled an individual shall be given the opportunity, at their discretion, to release the name of said individual, but not the reason(s) for banishment, to the EOF Secretary and the President. The list may only contain the names given to the EOF Secretary and the President by member organizations. Any member organization running a tournament shall, upon request, be given said list of banned or expelled individuals. Preventing any individual on said list, or any other individual who does not belong to a member organization, from competing, although not required, shall not put a tournament in violation of Section 5.09.c.1.a.
Section 5.10. Speaker, Team, Club and Novice of the Year
Each year, APDA shall tabulate and present awards at the Championship for the Speaker of the Year, Team of the Year, Novice of the Year, and Club of the Year. Only individuals and teams eligible to qualify for and compete at the Championship shall be eligible for these awards.
A. Speaker of the Year (“SOTY”). The SOTY award shall be determined according to the following procedure: (1) for each APDA-sanctioned and qualifying (as defined in Section 5.09C) tournament of at least 16 teams from at least 5 schools, the first-place speaker shall receive 12 points plus 1 point for every 8 teams that competed at that tournament (up to a maximum of 20 total points for 80 or more teams); (2) a tournament which has only between 8 and 15 teams and/or only 4 different schools competing shall award 8 points to the top speaker; (3) each subsequent speaker shall receive 2.5 points fewer than the speaker who proceeded him, with no ties being allowed and the awarding of points stopping at zero; (4) for each individual, the points from the six tournaments with the highest totals shall be added together; and (5) the individual with the highest number of points shall receive the SOTY award.
B. Team of the Year (“TOTY”). The TOTY award shall be determined according to the following procedure: (1) for each APDA-sanctioned and qualifying (as defined in Section 5.09C) tournament of at least 16 teams from at least five different schools at which a team finished in the top four or eight teams in that APDA year, that team shall receive 12 points for a first-place finish, 8 points for a second-place finish, 3 points for a third-place finish, 3 points for a fourth place finish, and no points for a fifth, sixth, seventh, or eighth place finish; (2) for every additional 8 teams that competed at that tournament (up to a maximum of 20 total points for first and 16 for second for 80 total teams) the first and second place team shall receive 1 extra point; (3) for every additional 8 teams that competed at that tournament (up to a maximum of 9 total points for 80 total teams) the third and fourth place team shall receive .75 extra points; (4) for every additional 8 teams (up to a maximum of 4 total points for 80 teams) the fifth, sixth, seventh, and eighth teams shall receive .5 extra points; (5) a tournament which has only between 8 and 15 teams and/or only four different schools competing shall award 8 points to the first place team and 4 to the second place team; (6) for each APDA-sanctioned and qualifying (as defined in Section 5.09C) tournament of at least 72 teams from at least five different schools at which a team finished in the top sixteen teams, that team shall receive .75 points for a ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, or sixteenth place finished; (7) for every additional 8 teams (up to a maximum of 1.5 total points for 80 teams), the ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, or sixteenth place teams shall receive .75 extra points; (8) for each team, the points from the five tournaments with the highest totals shall be added together; and (9) the team with the highest number of points shall receive the TOTY award.
C. Novice of the Year (“NOTY”). A novice shall be any individual who is competing in her/his first year of intercollegiate parliamentary debate or who is competing in her/his second year of intercollegiate parliamentary debate but competed at fewer than three APDA-sanctioned tournaments in her/his first year. The NOTY award shall be determined according to the following procedure: (1) for each APDA sanctioned and qualifying (as defined in Section 5.09C) tournament after the first month of competition, the first-place novice speaker shall receive 10 points plus 1 point for every 8 novices that competed at that tournament (up to a maximum of 20 total points for 80 or more novices). Each subsequent novice speaker shall receive 2.5 points fewer than the novice speaker who proceeded him, with no ties being allowed and the awarding of points stopping at zero; (2) for each novice, the points from the five tournaments with the highest totals shall be added together; and (3) the novice with the highest number of points shall receive the NOTY award.
D. Club of the Year (“COTY”). The COTY award shall be determined according to the following procedure: (1) A school shall receive COTY points equal to the sum of all TOTY points earned by individuals from that school that are eligible to receive TOTY points. (For example, a team that wins an 80-team tournament earns 20 COTY points for their school from each individual.) COTY points will be allotted for finished by partnerships made up of two individuals from different member organizations in the same manner that they would be assigned for TOTY purposes. Specifically, half of the points earned would be allocated to each member organization represented by that partnership. (2) Individuals may contribute a maximum of 60 COTY points for their school. Additionally, COTY points will be allotted for finishes at Pro-Am tournaments in the same manner they would be assigned for TOTY purposes. Finally, there will be a bonus of 6 points for each debater who qualifies for the National Championship. (3) The school with the most points shall receive the COTY award.
E. Exceptions. Individuals, teams, and schools shall not receive TOTY, SOTY, NOTY, or COTY points based on competition at British Parliamentary debate tournaments, regardless of whether such tournaments are APDA-sanctioned, or based on competition at the National Debate Championship or the North American Debate Championship.
F. Tournament Participants. For the purposes of sections 5.10 A through 5.10 C, the team or novice count for a tournament may only include teams or novices that debate in more than half of the preliminary rounds. The team count may only include one swing team, provided that the swing team is allowed to win rounds and move through the bracket, and ironman teams are considered half a team for the purposes of the count. If the total number of teams at any tournament is not a whole number, it shall be rounded up to the next whole number.
Section 5.11 The Chris Porcaro Memorial Award
Each year, APDA shall determine and present an award to the debater in his or her final year of competition with the greatest number of first-place varsity speaker finishes at APDA-sanctioned tournaments throughout the course of that debater’s APDA career. Only individuals eligible to qualify for and compete at the National Debate Championship shall be eligible for this award. Any person may give notice that they waive future semesters of eligibility for the National Championship and all league awards in order to be eligible for this award, but this waiver is binding and irrevocable and must be made at least 30 days prior to the scheduled start of the National Championship.
Section 5.12 The Jeff Williams Award
Each year, APDA shall determine and present an award to the debater in his or her final year of competition with the greatest number of finishes in the top ten for the Speaker of the Year, Team of the Year, and Novice of the Year awards during his or her APDA career. Only individuals eligible to qualify for and compete at the National Debate Championship shall be eligible for this award. Any person may give notice that they waive future semesters of eligibility for the National Championship and all league awards in order to be eligible for this award, but this waiver is binding and irrevocable and must be made at least 30 days prior to the scheduled start of the National Championship.
Section 5.13 Distinguished Service Awards
A. Awards. APDA shall sponsor Distinguished Service Awards (“DSA”), in order to recognize and honor individuals who have delivered outstanding contributions to APDA, parliamentary debate, or the facilitation of public discourse. These contributions may be of any nature but must be characterized by devotion to APDA and its ideals above and beyond that expected of an individual in the position of the honoree.
B. Committee. The APDA Board shall appoint a committee to oversee the assignment of Distinguished Service Awards. The committee shall be composed of the Vice President for Operations, no fewer than one but no greater than four appointed members of the general body, and one additional member of the APDA Board. The Vice President for Operations will serve as the chair of the committee. All committee members must be involved in all decisions of the committee unless a member of the committee is nominated, in which instance she/he may not participate in discussions pertaining to her/his nomination.
C. Selection. Nominations shall be made by members of the APDA community directly to the chair of the DSA committee, allowing ample time to review nominations and establish a list of honorees. The committee shall have sole discretion in the selection of the final recipients of the DSA.
D. Eligibility. All current and former members of APDA are eligible for a DSA, as are any unaffiliated individuals or groups whose actions merit recognition in particular by APDA.
E. Presentation. The recipient(s) of the DSA shall be honored publicly.
Section 5.14 Exceptions
Individual exceptions to any portion of these bylaws must be voted on by the body and approved by all or all but one of the members voting in order to be valid.
Section 5.15 The Kyle Bean Award
APDA shall sponsor the Kyle Bean Award in order to recognize individuals who have changed the league by contributing to a culture of friendliness and amicability among debaters. This award shall not be based on competitive success, but will be awarded to an individual who has made the league a better place by debating for the enjoyment of the activity, rather than competitive success. The selection of the committee to select the recipient, the nomination process for candidates to receive the award, and all other particulars related to the assignment of the award shall follow the same procedure as selecting the recipient of the Distinguished service award as outlined in sections 5.13B-E, except the VP Finance will fill the role of the VP Operations.
Appendix A: Votes of the Body Referred to In These Bylaws
Dues: $100 per school per year
Fines for Delinquency: None
Appendix B: Best Practices
1. Floor votes should not affect who wins a debate round. Floor votes generally reflect which team has more friends in the audience, and are often disconnected from which team did the better debating. In order to ensure that debaters who are lesser-known or from a smaller school are not unfairly disadvantaged, floor votes should not affect who wins a debate round.
2. All tab justifications for speaker scores should be blind (i.e. the person receiving the justification should not be informed of who the person receiving the speaker score is).
3. Tournaments should have a policy that requires competitors to consent to rounds being recorded. Consent must be obtained from all competitors prior to a video being posted online, and competitors can choose to defer consent to a later date. Competitors will retain the right to remove consent after the video has been put online or to deny consent for a recording to be taken in the first place. Competitors must be notified that a recording is being made before the round has started.
4. Invoices required for team participation at APDA-sanctioned tournaments shall include the following information:
- Host school name, followed by the words “Debate Tournament”
- Dates of the tournament
- The words “Official Team Invoice”
- Number of teams invoiced school has officially sent
- Cost per team, as calculated by the host school
- Total cost of invoiced school’s teams
- Host school’s federal tax ID number
- “Mail To” Information
- “Bill To” Information
5. Non-title tournaments with a tab observer ought offer debaters the option of verbally justifying tab scratches to the tab observer at some point prior to round one. Tournaments without a tab observer ought likewise give the option of verbal justification to an individual chosen by the tournament. That person ought not be the person on whom the tab scratch is being justified.
6. All sanctioned APDA tournaments ought to implement the use of Lotito/Harris timing in all rounds. 'Lotito/Harris timing' shall be defined as a timing structure in which the 7-minute clock during the Prime Minister Constructive speech shall not begin until the argumentative portion of the speech has commenced. Case construct, Points Of Clarification (if applicable), and the opposition's side selection period (in the event of an opp-choice case) shall all be untimed during the Prime Minister Constructive speech.
7. All tournaments should privately ask both teams in finals whether and when they want floor speeches prior to the start of the final round.
8. All tournaments should specify the conditions, composition, and size of the break prior to the beginning of their tournament (e.g., prior to the start of round one).
9. Sanctioned tournaments should provide certain tab data to the APDA Board by 11:59 PM eastern standard time on the second Sunday after the tournament. Data can be provided via an email to firstname.lastname@example.org, by giving a copy to a tab observer who will give it to the board, by physically giving a copy of the tab data to a board member, or by mailing a copy to the President of APDA. One of the following two sets of data must be provided:
A) Physical Data Copies or originals of all tab cards, the pairings for each round (including out-rounds and out-rounds judging), and the results of all outrounds (including the decisions, e.g. "5-4", and the sides of each team in each round). Tournaments which select this option are encouraged to submit a full speaker tab.
B) Electronic Data The full speaker tab (including novice status), the full team tab, the pairings for each round (including out-rounds and out-rounds judging), and the results of all outrounds (including the decisions and the sides of each team in each round).
10. Sanctioned tournaments should post in the APDAweb forum the results of their tournament by 11:59 PM on the Monday after the tournament. As a reminder, these results may include no ties. These results should include:
- A thank you to the dinos who attended the tournament, as well as a list of those who did so.
- The number of teams which competed in more than half of the preliminary rounds, including no more than one swing team, provided that the swing team is allowed to win rounds and move through the bracket. Ironman teams are considered half a team for the purposes of the count.
- The number of novices who competed in more than half the preliminary rounds.
- An ordered list of at least the top ten novice speakers, including the school, team, and speaker points of each, as well as the methods used to break any ties.
- An ordered list of at least the top five novice teams, including the names of the debaters, their school(s), their preliminary round record, their total speaker points, and the methods used to break any ties. This list should incorporate the results of novice outrounds, including the decision (e.g. "3-2") and the team each team dropped to (excepting the winner of novice outrounds and any novice teams which are included in the varsity break).
- An ordered list of at least the top ten varsity speakers, including novice status if it is relevant, as well as the school, team, and speaker points of each, and the method used to break any ties.
- An ordered list of at least the teams which made the varsity break, including the names of the debaters, their school(s), their preliminary round record, their total speaker points, and the methods used to break any ties. This list should incorporate the results of varsity outrounds, including the decision and the team each team dropped to (excepting the champions).
- The government team in the final round and the case statement of the case they ran. If the tournament does not involve cases, the motion and model used in the final round should be listed instead. If the case is opp-choice, the side chosen by the opposition should be listed. If the case was tight-called or spec-called, that should be listed. If the case was counter-cased, that should be listed in addition to the opposition's countercase. If a team in the final round requests that some of the information about the final round case not be posted, the tournament should comply with their request.
11. Tournaments that allow discretionary scratches should allow only team scratches, as opposed to a combination of team and school scratches. A team scratch shall be a scratch chosen and applied to a team of debaters. A school scratch shall be a scratch chosen by and applied to an entire school. This shall not be interpreted to apply to tab scratches.
12. All regular season tournaments should instruct judges to deliver open adjudication and feedback in non-elimination rounds after the round and after they have signed their ballots. Judges should provide at least the decision, speaks, ranks, a discussion of the round for the decision, and constructive criticism for the debaters in the round.
13. No later than the date when a tournament is closing preliminary registration, all tournaments should post which meals they will be providing at no-cost, and what will be served for each meal, including any dietary restrictions that will not be satisfied at a given meal. Additionally, at that time, the tournament must disclose what measures will be taken to provide food for those with dietary restrictions, religious considerations, and allergies. Labels on food should be an expected part of this process. If a cash stipend is to be offered, the tournament must disclose the amount of the stipend and a nearby restaurant or store that provides a meal for the noted amount that will satisfy the debaters’ needs. This stipend should be granted at the time of registration check-in.
14. Tournaments ought to have policies that discourage judges from communicating, verbally or non-verbally, with other judges while a debate is occurring.
15. Tournaments should have tab observers approved by the APDA Board.
16. APDA Schools should give substantial registration breaks, or free registration if financially feasible, to schools that are hosting the APDA National Championship that year, noting that the financial need of the host school should be considered.
17. Tournaments should aim to announce all speaker awards, novice and varsity, as well as the novice break at the same time that the varsity break is announced.
18. Tournaments should include the following documents in their tab packets: (a) Responsibilities of the Judge – https://puu.sh/voq60/76cc64c592.pdf (b) RFD Guide – https://puu.sh/vmxTB/c8aec67d23.pdf (c) Speaker scale – https://puu.sh/vuSwG/f97816c3fd.pdf