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The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

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Judiciary denies 2nd hearing for CFACT

The Associated Students of Madison Student Judiciary denied Collegians for a Constructive Tomorrow a second appeals hearing last week.

After being denied funding by the Student Services Finance Committee Oct. 6, CFACT appealed to Student Judiciary for another hearing. The court heard the case and then dismissed it in the beginning of November, denying CFACT another hearing.

CFACT appealed a second time to the court, citing three counts as to why they should be heard again.

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According to Associate Justice Timothy Hogan, the first count CFACT listed was the panel had allegedly ignored Rep. Carl Fergus’s statements, misrepresenting their campaigns for 2008-09, which CFACT stated would have changed the panel’s decision.

“In order to compel the court to hear an appeal, the evidence being offered must have been newly discovered. However, CFACT does not allege that Rep. Fergus’s 08-09 evaluation of CFACT’s campaigns has been newly discovered,” Hogan said. “Disagreement with a panel’s decision, however, does not warrant this court granting an appeal.”

For the second count, CFACT said the court disregarded SSFC’s decisions as to whether CFACT’s campaigns were a direct service.

CFACT alleged SSFC granted them eligibility in 2008, letting their campaigns be counted as a direct service, but this year SSFC changed its mind and decided their campaigns did not fit the direct services description, which CFACT said is a violation of viewpoint neutrality.

“The panel found that CFACT’s application ’09-10 is exactly the same as the ’08-09 application and that, by arriving at the same conclusion for both years regarding CFACT’s campaigns as not being a direct service, SSFC did not violate viewpoint neutrality,” Hogan said.

In the third count, CFACT alleged the court rejected one of their claims before the trial began without any argumentation.

However, during the trial, Chief Justice Trenell Darby provided CFACT the opportunity to speak to SSFC’s motion to dismiss a count against them. At the time, CFACT failed to present any argument against the count being dismissed.

The court dismissed all three counts and denied the second appeal of CFACT.

“[Student Judiciary] made their decision the first time and are holding to it,” said Kurt Gosselin, legal counsel for SSFC. “I think this second decision is right as well; no new evidence has come to light.”

CFACT representatives could not be reached as of press time.

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