After being denied eligibility to receive student segregated-fee funding twice for the 2006-07 academic year, the University of Wisconsin Roman Catholic Foundation won a suit against the Student Services Finance Committee for yet another reconsideration Wednesday.
Unanimously deciding in favor of the foundation after hearing the case last week, the Student Judiciary determined the finance committee had wrongfully interpreted various bylaws of the Associated Students of Madison — the umbrella organization for SSFC — and therefore deemed the organization deserving of another review.
This time, foundation members will go before the ASM Student Council, which will ultimately decide whether they are eligible for further funding.
"It's been such a long process," UWRCF Senior Student Office Manager Beth Czarnecki, who helped represent the foundation in the case, said. "I'm glad Student Judiciary recognized there was something wrong with the process."
In reviewing student organizations for segregated-fee-funding eligibility, the SSFC bases decisions on 13 specific criteria. These are listed in ASM's bylaws, but in the committee's eligibility forms, two contain extra words seemingly providing members with the authority to use discretion in their decisions.
One particular criterion in ASM's bylaws — cited in the committee's original denial of eligibility to the foundation because it did not provide accurate governing documents — states an organization "must have written governing documents." Yet this reads "must have proper written governing documents" in SSFC's version.
According to the Student Judiciary, the use of the word "proper," based on the ASM constitution, illegally provides SSFC with the power of interpretation.
"The argument they were making [was] if the ASM bylaws say 'X' and the SSFC forms say 'Y,' there's a discrepancy," Student Judiciary Chief Justice and presiding judge in the case Nick Fox said.
Fox added the United States Constitution's "right of association" and "right of free exercise" based on religion was also presented as a backup argument in the case, but not needed for the ruling.
"The panel … was able to rule based on the original argument that was brought up," he said. "The panel did not have to rule on the religious argument."
While UWRCF was successful in its Student Judiciary suit, the group still needs ASM's approval before it is guaranteed funding for next year.
"I still don't think their application was accurate," SSFC Vice Chair-At-Large Appointee Eric Saar said. Saar, who also represented the committee in the hearing, added he will lobby the council in opposition to the foundation.
Saar said he does not know how UWRCF will be received by the council, but the number of those in favor of the group versus those against them "will probably be close."
But Czarnecki said she feels optimistic — if not positive — about the foundation's upcoming council hearing.
"I think that we will be well received," she said. "I really feel that because the reasons we were originally denied had to do with the committee."
The council will make a final decision on UWRCF's eligibility next Wednesday.