After weeks of heated debate, the Student Judiciary found the Student Services Finance Committee in violation of viewpoint neutrality in its decision Nov. 15 to minimally fund Collegians For A Constructive Tomorrow for the 2006-07 school year.
Following a review of the case, the judiciary found several members in violation of their oath to viewpoint neutrality by minimally funding CFACT to the bare committee minimum of about $5,000 of the $385,921 for which the group asked.
"I think, given the evidence, we made the best decision we could have made," Nate Romano, the presiding Vice-Chief Justice in the case, said. "I am personally sorry we found SSFC members in violation, but unfortunately, you have to do the job you're assigned to do."
While three of the six members cited in the case were acquitted of the charges, one was found in intentional violation of viewpoint neutrality and two others were convicted of an infringement, but with non-malicious intent.
The judiciary found representative Kellie Sanders, former chair of the Wisconsin Public Interest Group–a competing student group to CFACT–in malicious violation of viewpoint neutrality during her participation in the decision for various comments made to other representatives and statements recorded on a blog site. As a result of her conviction and respective ASM by-laws, the judiciary elected to remove Sanders from the committee.
"Finally, this evidence should be evaluated in light of Rep. Sander's previous participation in WisPIRG … given that CFACT and WisPIRG are ideologically opposed, we find such a connection supports a finding of violations," the official report on the judgement said. "Given the totality of the circumstances surrounding Rep. Sanders' involvement, we are left with the sole conclusion that she willfully acted to punish CFACT for its beliefs."
Sanders served as vice-chair for WisPIRG last year and as chair this year, resigning to assume her position in SSFC. Yet Sanders said she is not guilty of the charges and will appeal the decision, adding she, personally, holds no negative opinions of CFACT.
"I don't know, honestly, where any animosity between the two groups came from," she said. "They have a personal vendetta against [WisPIRG] and myself."
In addition to Sanders' conviction, SSFC Chair Jennifer Knox and representative Lorenzo Edwards were convicted of non-malicious viewpoint neutrality violations for breaking a trend the two had from being "fiscally liberal" to "fiscally conservative."
"The evidence does lead to the inference of a change in behavior," the report said. "Because we cannot say that such a change was willful, however, we find only a non-malicious violation for each."
Among those cited in suit were SSFC Chair Rachelle Stone, representative Tim Schultz, representative Barb Kiernoziak, Knox, Edwards and Sanders.
Knox refused to comment on the decision.
Because student justices presiding over the case believed the violations have "tainted" the entire process and altered the outcome of the decision, the SSFC decision as a whole was reversed. CFACT members must now go before the Associated Students of Madison student council for another budget hearing and subsequent decision.
In light of the ruling, senior CFACT member Peter McCabe said he is glad to have another chance to present the organization's budget.
"The most important thing is we've got our second chance," he said. "That was the most important part of this entire process."
Meanwhile, Stone said the judiciary "did all they could, given the evidence provided," and the case does not hurt the committee's credibility in making viewpoint-neutral decisions.
"I think we're still credible as a body because we still have those checks and balances in place," she said, adding she will support any representative who decides to file appeals.
"I believe it was well within [Sanders'] rights to do that at the table."
All parties convicted in the case are allowed five days to file an appeal.