The Associated Students of Madison Student Judiciary heard a lawsuit brought forward by the UW Roman Catholic Foundation Monday, stemming from allegations the foundation was wrongfully denied funding because of its religious views.
Two weeks ago, ASM's Student Services Finance Committee denied UWRCF "contract status," which would have allowed the foundation to fund full-time employees with student-segregated fees.
A portion of the case filed against SSFC was initially aimed at four committee members, calling for them to be removed from the committee for violation of viewpoint-neutrality laws in their denial of contract status.
UWRCF's main argument Monday focused on the allegation that they were not given due process when applying for the contract status.
UWRCF's legal representative, Nate Romano, said the organization is being singled out in the denial of contract status, and added SSFC not adhering to due-process regulations exposes flaws in the segregated fee system.
"The state gives people access to a public forum like the segregated fee system — the state can't decide to handicap certain people or umpire people," Romano said. "Everybody gets to play by the same rules."
SSFC Chair Zach Frey said the contract group policy is relatively new, and noted UWRCF is the first organization to ever challenge the system.
Frey also maintained SSFC followed the policy as is written but added that does not imply that "the process itself is perfect, nor that the interpretation is right."
According to foundation spokesperson Tim Kruse, another main concern of UWRCF is that SSFC exercised "unbridled discretion," which involves making decisions without giving reason.
Romano said each group deserves protection from objective denials without explicit, written reasoning.
Kruse also said whether or not the foundation will receive contract status depends on whether full-time staff enhances the mission of UWRCF. He argued that on a campus like UW where Catholic students comprise approximately one-third of the population, spiritual and educational needs of students must be met.
"All we want is fairness — the university has put up roadblock after roadblock," Kruse said. "We need protection from those trying to marginalize us."
According to Romano, SSFC members created "phantom criteria" applicable only to UWRCF when they were denied funding, and need to explain their decision.
SSFC Vice Chair Kellie Sanders said the committee members gave UWRCF due process, but also said the policy should be addressed in a different venue.
"The members of the committee did nothing wrong," she said. "If we want to change those rules, that's a different case."
According to Frey, the outcome of this case could be basis for a reworking of SSFC bylaws in the spring semester.
In the pre-trial motions, Romano withdrew that portion of the complaint. According to Kruse, the viewpoint-neutrality allegations were dropped because the foundation feels SSFC recently took steps to improve the relationship between the two organizations.
"We're always reluctant to single out specific members — the other night the committee took a new direction with us and let bygones be bygones," Kruse said. "We wanted to focus on the loss of our contract status and due process."
