The Student Judiciary voted Friday to close a case concerning the appeal of a student organization denied funding in October of 2010.
The case began approximately a year ago when the Student Services Finance Committee sent a letter to Collegians For A Constructive Tomorrow denying the student organization’s eligibility for funding for the 2011-2012 fiscal year.
Following several appeals and court hearings since the original denial, SJ voted to close the case Oct. 7.
Associate Justice Nicholas Checker delivered the unanimous opinion of the court dismissing the case and ruling in favor of SSFC.
SSFC ruled to deny funding to CFACT – a national non-profit organization promoting environmental stewardship – in October of 2010. The group had failed to return SSFC-owned equipment, which SSFC said was a violation of University of Wisconsin financial policy.
Matt Manes, SSFC chair at the time of CFACT’s funding eligibility denial, said CFACT did not return equipment including printers, laptops and cameras to SSFC by the end of a 5-month extended deadline.
Manes said the group’s noncompliance was not a misunderstanding and that it was attempting to keep the equipment.
CFACT appealed SSFC’s decision, arguing SSFC was in violation of viewpoint neutrality and used “pretextual arguments to disguise viewpoint discrimination.” CFACT’s appeal also said SSFC imposed unfair proceedings and that the keeping of equipment was unintentional.
SJ then set up a panel to review the case.
The panel initially did not affirm CFACT’s viewpoint neutrality claim but did find that CFACT did not commit an intentional violation and reopened the case for the word “intent” to be addressed by SSFC, according to 2011 ASM SJ16.
SSFC then appealed this decision, seeking to deny the case on the basis that the panel acted beyond its power by applying powers reserved to SSFC.
SSFC argued its appeal that “in judging CFACT did not commit an intentional violation, the panel effectively overstepped its bounds by not only interpreting the bylaw, but also applying it to the available evidence.”
The court’s ruling last week confirmed this point, holding that CFACT did not present credible evidence to suggest SSFC members showed any personal bias against the student organization.
In the hearing, the court also ruled that it would not declare eligibility or remove any SSFC members at the request of CFACT, stating those decisions are “the exclusive province of SSFC.”
Checker said CFACT’s reasoning in the case did not hold merit and that the organization asked the court to step outside its bounds.
“Essentially CFACT employed irrational post hoc reasoning to suggest that their previous denials of eligibility constituted a pre textual VPN violation,” he said. “Moreover, they sought remedies we are not empowered to grant, such as granting eligibility ourselves (and) removing members of the SSFC.”
CFACT held an eligibility hearing Monday night for the next fiscal year and will hear a decision Thursday.
CFACT President Josh Smith said he hopes the organization can gain eligibility in the future because it will help it to substantially bring its direct services to the campus.
