Archive for April, 2011

Live Blogging | VSA Elections Results Party

April 25th, 2011 by

Below are the results for the Vassar Student Association Spring Elections. Tanay Tatum ’12 will serve as the next 26th President.

11:50 | Students are beginning to arrive in the Retreat for the annual VSA Elections Results Party.

11:58 | The Retreat is very full.

12:01 | VSA President Mathew Leonard ’11 is addressing the crowd. “I want to thank all the candidates who ran,” he says.

Board of Elections Chairs Samantha Allen ’11 and Aaron Grober ’11 are about to announce the winners.

12:03 | Committee Positions

Campus Investor Responsibility Committee: Travis Edwards ’12 and Kelly Shortridge ’12

Committee on College Life: Madeline Zappala ’12, John Lee ’13, Rebecca Bower ’14

Food Committee: Rachel Schorr

Campus Master Planning Committee: Carlos Hernandez ’14, Lindsey Hagarty ’13,

Campus Sustainability Committee: Tess Dernbach ’12

Campus Community Advisory Committee: Meghan Levine ’12

Admissions and Financial Aid: Seth Warner ’14

12:06 | Judicial Board: Arushi Raina and Willow Thompson ’14

Alex Koren and Max Frankel ’13

Sam Scarritt-Selman and Juliana Halpert ’12

Judicial Board Chair: Tiffany Shi ’12

12:07 |House Presidents

Cushing: Daniel Shaw

Noyes: Deborah Steinberg

Josselyn: Michael Kiel

Jewett: Clayton Masterman ’13

Raymond: Sam Brucker ’14

Davison: Doug Greer ’14

Strong: Manning Wu ’14

Lathrop:Dallas Robinson ’14

In Lathrop, there has been a tie for Sophomore Representative. The candidates will need to attend Council on Sunday night where the position will be voted on.

Main: Sienna Brown ’14

Town Houses: Alejandro Montoya ’12

Terrace Apartments: April Cha ’12

South Commons: Matthew Wheeler ’12

12:16 | Class Presidents

Sophomore Class: Michael Moore ’14

Junior Class: Vincent Marcheta ’13

The Senior class is facing a tie for president. The candidates, Pam Vogel and Alessandra Schmidt, will attend Council on Sunday night. The Council will vote on the candidates.

12:18 | Executive Board

VP for Finance: Jason Rubin ’13

VP for Activities: Michael “Mookie” Thottam ’13

VP for Academics: Kate Dolson ’13

VP for Operations: Jenna Konstantine ’13

VP for Student Life: Charlie Dobb ’13

President: Tanay Tatum ’12

 

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Live Blogging | VSA Council, April 24

April 24th, 2011 by

7:07 | Council is about to begin.

7:12 | Attendance.

7:13 | The Elections Result Party will be on Monday, April 25 at 11:59 p.m. in the Retreat.

7:14 | President of Jewett House Mariah Minigan ’13 is asking about write-in candidates. “We got an insane flood of write-ins,” says President of the Terrace Apartments and Board of Elections co-Chair Samantha Allen. She says that they have shut in write-in candidates for now, and open positions will be filled by appointment as many of the write-in candidates did not write themselves into the voting.

7:16 | The Vassar Greens “Tap That” Presentation: The Greens have come with a powerpoint about the “Tap That” campaign, which is meant to raise awareness about the use of bottled water on campus and to promote tap water. The organized has sold over 150 water bottles at subsidized costs.

The Greens are proposing that VSA organizations should not spend money on bottled water because water is free on campus. They also cite a study from an Environmental Studies class that has indicated that tap water on campus is as safe as bottled water by EPA standards. Their new rule would be added the expenditures section of the VSA Policies.

The Council is discussing the pros, cons, and manner of exceptions to the rule should the bylaw be passed. Council members are largely in favor of the bylaw with some reservations about when it might be necessary for an organization to buy bottled water. The discussion has particularly focused on whether an exception might be made for performers who come to Vassar and request bottled water in their contracts.

“If the VSA takes a stand, it will put pressure on the College as well,” says  Vice President for Activities Tanay Tatum ’12. “If the VSA decides to do this, the College will also support it.”

“Our ultimate goal is to ban bottled water on campus, and this would be the first step,” says co-President of the Vassar Greens Ethan Buckner ’13.

President of Noyes House Jenna Konstantine ’13 suggests that organizations and houses consider making reusable bottles part of their merchandise.

7:48 | Allocation of $600 Grassroots Alliance for Alternative Politics (GAAP) from the Collaboration Fund: The motion passes.

7:50 | Motion to Decertify Student Activists Union (SAU): President of the Town Students Maya Acevedo ’11 says that SAU will be merging with GAAP. The motion passes.

7:52 | Motion to Decertify Vassar Shared Bikes: Vassar Shared Bikes was the student group that took care of the pink bikes. According to Tatum, the organization asked to be decertified. The motion passes.

7:59 | Motion to Certify Slow Food Vassar: Slow Food Vassar would be a chapter of an international organization that is dedicated to local, fair, sustainable food and to a general “way of life” that would be an alternative to a “fast food lifestyle.”

Slow Food Vassar has made food for several events on campus this year, and they say that they will decide to cater different events based on the opportunity for outreach to students about their food.

The motion passes.

8:10 | Committee on Curricular Policy (CCP) Memorandum: The student representation on CCP is being reduced from six to two as part of a restructuring of the committee that makes it smaller and, it hopes, more efficient and dynamic.

8:18 | Executive Board Report from Student Life: Vice President for Student Life Samin Shehab ’11 is discussing the conversation dinner the VSA hosted to discuss the referendum and VSA restructuring efforts. He says that he is working on the relationship abuse charge so that next year’s Vice President for Student Life can pick up the project.

The Executive Board’s next project will be training for next year’s VSA Council.

8:24 | Open Discussion: There are 28 days until Commencement.

The VSA budget will be posted outside of the VSA office on Thursday night, April 27.

According to Vice President for Finance Travis Edwards ’12, there will be no more cash advances through the end of this semester.

8:29 | New Finance Bylaws: The Council is considering amendments that would move finance allocations to the consent agenda and possibly standardize the attendance rules and meeting time of the VSA Finance Committee.  The amendments will also require that the VSA Council agendas be sent out no later than Thursday every week. The amendments are being presented and discussed tonight, but the Council will vote on them next week.

8:39 | Open Discussion: Acevedo is reminding the Council about May Day, the international workers’ day.

“Reefer Madness” will open on May 5.

Charlie Dobb ’12 announces that this week will be Sexual Assault Awareness Week.

8:44 | Motion to Adjourn. Motion passes.

 

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Live Blogging| VSA Executive Board Debates

April 21st, 2011 by

7:50|  Editor-in-Chief of The Miscellany News Molly Turpin ’12 will moderate a debate between candidates for Vassar Student Association (VSA) Executive Board Positions.

The candidates are VSA Vice President for Activities Tanay Tatum ’12 running for president, Charlie Dobb ’12 and Sharon Onga ’13 for vice president of student life, Noyes House President Jenna Konstantine ’13 and Michael Mestitz ’12 for vice president of operations, Ferry House President Kate Dolson ’13, President of Jewett House Mariah Minigan ’13 and Jordan Tower ’13 for vice president of academics, Davison House President Michael Thottam ’13 for vice president for finance, and Jason Rubin ’13 for vice president for finance.

The lecture is taking place in Sanders Spitzer Auditorium.

7:59| There are 11 students in attendance in addition to the candidates.

8:02| VSA President Mat Leonard has begun the proceedings. Turpin is discussing the challenges that will face the 26th VSA Council.

Mestitz has sent a proxy, as he is currently abroad in England.

“Next year we’ll start from the ground and have more voices in the room” says Tatum of restructuring.

8:06: “What new ideas will you bring to restructuring?” asks Turpin.

Konstantine: “The big thing we need to change is trying to do things gradually and make sure people are involved from the beginning.” She wants to change how fund applications are considered as well.

Mestitz: “I’d take up restructuring again next year using student input as a starting point.” He agrees with Konstantine about improving efficiency, but maintains that major changes should be presented and revised several times before being implemented.

8:09| Turpin asks how the vice president for student life will implement the Committe on Inclusion and Excellence (CIE) Audit.

Onga: “It’s about figuring out how we can use the committees we have now and put student voices in places where they can be heard”.

Dobb: “One of the thing’s I’m really passionate about is an advisory council on inclusion. I’m hoping it would include student leaders from a lot of orgs on campus as well as at-large students… letting them put forward advice on what the VSA is doing as well as their own agenda.”

Onga plans on meeting with administrators regularly to be able to target students who want to be involved.

Dobb is also passionate about the Relationship Abuse Charge. “One of the concerns is that students aren’t coming forward, and I think it’s because the current system doesn’t serve their needs”, says Dobb. He believes showing the administration that students feel strongly about the charge will help it pass.

8:16| Minigan is discussing addressing professors who violate standards about handing back papers on time or scheduling class during study week. She wants to make a position that would serve as an intermediary between students and professors for addressing such complaints.

Dolson wants to implement a social consciousness credit, saying it’s “inherent in what Vassar is, but I feel reluctant to slap on another requirement.” She wants to create spaces to discuss the implementation of a requirement of this kind and gauge student opinion.

Tower’s main goal is allowing academic credit for labs. She says she is unfamiliar with the VSA’s history in trying to add credit for this but will familiarize herself with it and push it forward.

8:21| Turpin asks Tatum about her goals for VSA transparency.

“Having more people involved in the process from the get-go can resolve a lot of complaints”, says Tatum. “If students know what the Exec Board members’ roles are they can better know how to access them” She wants to use student surveys and town hall meetings to make the Executive Board members’ faces more public.

8:23| Thottam wants to address “overbooking” on weekends, particularly with performances by working with organizations and the administration.

8:25| Turpin asks how Rubin plans to streamline fund applications.

Rubin thinks that putting all fund applications on the consent agenda at Council meetings would be a good start.

8:26| Konstantine wants to make the governing documents more concise and avoid inconsistencies. She quotes one inconsistency between the Bylaws and Constitution on what happens if the VSA President is absent from a meeting.

Mestitz explains that committees “don’t have an idea of what other committees are doing”, and act out-of-sync on the same issues. He wants to coordinate  committees by fostering communication.

8:30| Turpin asks what Tatum will do for the final semester of Vassar sesquicentennial year.

Tatum wants to work with the Sesquicentennial Committee to bring the Poughkeepsie community to Vassar and encourage students to hold their own sesquicentennial events using VSA funding.

8:31| The floor is now open for questions from the audience.

Dobb further explains his ideas for an advisory council. He wants to include organizations that identify themselves as working towards inclusion. The council “wouldn’t be a voting body, but a conversational body.” Rather than passively allowing students to come to VSA meetings, he sees the advisory council as actively inviting the student body at large to participate in the VSA.

Onga sees an advisory council as a “band-aid approach.” She thinks that since the advisory council wouldn’t vote, they wouldn’t have power, and so instead different voices should be included in the VSA Council as full members.

Dolson plans to implement a Board of Majors’ Committee Chairs which would advice the Committee on Curricular Policy and the VSA. Minigan agrees, and adds that majors committees need to be more active. Tower also thinks it’s important to reach out to majors’ committees but says “a lot of things at Vassar happen by committee” and thinks that the student body as a whole should be engaged as well in academic issues.

Mestitz wants to hold meetings open to the student body about the governing documents a few times throughout the year. “The best possible result I could hope for is that more students start to care about the VSA”, says Mestitz.

Konstantine wants to create videos “acting out the VSA” in order to educate students about its operations.

Rubin believes in certain areas the governing documents should be left open to the interpretation of the vice president for finance, but finance committee decisions should be somewhat regulated.

Thottam wants to switch the maximums on different funds, reassess what falls into the categories of different funds, and incorporate the Bylaws into the current structure of the finance committee.

8:47|  Tower defends her stance on lab credits, citing at least 6 hours per week devoted to labs in addition to the classes they supplement, 4 hours as class time. Dolson  says she envisions lab classes as an optional half-credit with a limited amount of times used, so the system could not be abused but it could “ease the pressure” on students who take multiple labs. Minigan also sees the need for lab credits for students trying to take two or more lab classes in a semester.

“The president should be very vocal”, says Tatum. She plans to discuss issues as much as possible throughout the school year, though she says some things the president does are secret.

“VSA has the potential to really be used for change on campus,” says Dolson. She says face-to-face communication, including door-to-door surveys to get student input by reaching out. Onga also emphasizes actively telling students how they can use the VSA as a resource. She wants to encourage programming that provides spaces to discuss student issues and make sure they are well advertised. Minigan says that committee meetings as well might be better attended if they were publicized. Dobb hopes the VSA will publish a document telling the student body what the VSA can do for student issues.

Thottam mentions the survey that asked students whether the term “correlate” should be changed to “minor”as an effective, simple survey that can serve as a model. He wants to design an effective activities survey gauging what kinds of events students value or are missing.

Dobb wants to address House Team training, which he says is “cobbled together” and has a lot of gaps, including eating disorders and sexual assualt. He wants the system to be reorganized following the models of peer institutions and using input from student groups like CARES. Onga felt she learned a lot from House Team training and has found it valuable, but wants returning House Team members to voice their concerns and be active in revising the process themselves.

9:10| The debate is adjourned.Voting begins Saturday, April 23 at noon.

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Live Blogging | VSA Council, April 17

April 17th, 2011 by

7:07 | The Council meeting is about to begin. Vassar Student Association (VSA) Vice President for Student Life Samin Shehab ’11 is presiding over the meeting for VSA President Mathew Leonard ’11.

7:10 | Attendance.

7:11 | Consent agenda.

7:12 | Allocation of $1200 to Vassar International Students Association (VISA) from Council Discretionary: VISA is hosting a dinner for international seniors during Senior Week. The allocation passes.

7:15 | Transfer of $1980 to the Founder’s Day Committee from Council Discretionary: The Committee needs the funds for the movie rights to Mary Poppins, which it will screen on Founder’s Day as well as for the set up of the movie screening on Sunset Hill and other general set up costs on the day. The Founder’s Day Committee is an internal VSA group rather than a VSA organization, which is why this is deemed a transfer instead of an allocation. The rain location for the movie screening will be UpC. The allocation passes.

7:21 | Executive Report from Vice President for Operations Ruby Cramer: Cramer is addressing the referendum and its appeal. “We felt that we had to go through every last step to pursue this to the end,” she says. “That whole process really showed us as a body that those conversations are really helpful…We’ve gotten more students talking about the VSA than I’ve ever seen.”

“I just want to thank everyone for coping with us through that process.”

Cramer says that Matthew’s Follies, a variety show, will be on the Friday before Founder’s Day, April 29. Cramer is giving a preview of some of the acts in the show, including performances from singing groups and athletic teams.

Cramer adds that about half of the planned Sesquicentennial merchandise is now on sale in the College Bookstore.

The Poughkeepsie bus will officially be servicing Vassar, though the exact date is as yet unknown. The VSA will continue to provide service to the mall and train station on the weekend.

A comprehensive website of Vassar committees will be online soon.

Cramer adds that the All School Gift is going very well, but says that representatives need to continue their efforts to reach out to their constituents about the gift.

7:34 | Open Discussion: Vice President for Activities Tanay Tatum ’12 notes that many positions are still uncontested in the upcoming spring elections. Filing for spring elections will end tomorrow, Monday, at midnight.

7:37 | Motion to adjourn. The motion passes.

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Political Science Department announces campus-wide thesis prize

April 13th, 2011 by

The Political Science Department is currently accepting nominations for the Marjorie Lynn Gluck (VC ’84) Thesis Prize, a new, campus-wide thesis prize first announced on Monday, February 28. The prize will be awarded to “an outstanding thesis on issues related to women, public policy and politics at the global, national or local level,” wrote Chair of the Political Science Department Andrew Davison in an emailed statement.

The prize was created in 2010 to honor Gluck, the late wife of Professor of Political Science Sidney Plotkin, as well as “to acknowledge outstanding work on issues about which she cared deeply,” according to Davison. Gluck was also an alumna of the College and a former Computing and Information Services employee.

Theses from any department or program are eligible for nomination. In order to nominate a thesis, advisors must submit a copy of the thesis, along with a statement explaining why the thesis was chosen for nomination, to the Political Science Department by May 3. Nominations should be addressed to “The Marjorie Lynn Gluck (VC  ’84) Thesis Prize Committee, Department of Political Science, Box 260.” Nominations can also be submitted electronically in PDF format to both Davison (andavison@vassar.edu) and Beth McCormick (bemccormick@vassar.edu), the department’s administrative assistant.

Theses due after the May 3 deadline can also be nominated. “We ask that advisors communicate to us in advance their intention to submit a thesis for consideration with a short note that describes the student’s work,” wrote Davison. “We will await a copy of the complete thesis, within the constraints of the Student Awards deadlines, until a final decision is reached.”

Additional questions can be directed to Davison or McCormick.

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Judicial Board deems appeal invalid

April 12th, 2011 by

After tonight’s appeal hearing, the Judicial Board unanimously voted to uphold their original decision that the referendum was unconstitutional. The decision effectively puts an end to one of the most fraught pieces of VSA legislation in recent Vassar memory. However, the 26th VSA Council may decide to pick up the issue of restructuring in the new academic year.

Filing for spring elections will begin tomorrow, April 13. Open positions will adhere to the current Council structure of House and Class presidents.

In a statement, the Board wrote: “The Judicial Board considered the complainant’s assertions and unanimously found them to be without merit; therefore the Judicial Board let stand the decision of April 11th, which found the April 7-9 referendum to be unconstitutional.”

The Board first contested the point that evidence considered in deliberations were not available in the hearing. According to Article IX, Section 4, part H “[It is the right of the respondent and complainant] to demand that all of the evidence against him/her be present at the hearing.” The Board claims, “The VSA Constitution, however, is a preexisting public document to which all VSA members have access.”

While this finding was enough to deem the appeal invalid, the Board also addressed the complaint that the Board’s insistence on the option of abstaining be evident on the ballot was without precedent.

Below is the full text of the Judicial Board’s decision:

“Constitution IX.5.A. The Judicial Board shall have the authority to retry cases on appeal from the original Judicial Board decision in the case that substantial new evidence exists and/or the procedural rights of the respondent or complainant were violated.”

On Tuesday April 12th, 2011 the Judicial Board heard an appeal by Board of Elections representative Ruby Cramer ’12 against the Judicial Board decision made on April 11th; the Judicial Board was represented by the Judicial Board Chair, Shouvik Bhattacharya ’11. The appeal was brought forth on the assertion that the Board inappropriately acted on its own initiative (nostra sponte), incorporating new evidence during deliberations and reaching a decision inconsistent with precedent regarding general elections procedure.

The Judicial Board considered the complainant’s assertions and unanimously found them to be without merit; therefore the Judicial Board let stand the decision of April 11th, which found the April 7th-9th referendum to be unconstitutional.

We find it prudent to discuss the reasons why we considered the complainant’s charge to be without standing.

On the assertion of new evidence: A party making an appeal pursuant to Constitution IX.5.A must prove that evidence considered during deliberations was not present at the hearing, according to Constitution IX.4.H (“[It is the right of the respondent and complainant] to demand that all of the evidence against him/her be present at the hearing”). The VSA Constitution, however, is a public document to which all members of the VSA have access. Additionally, the Constitution and Bylaws can be brought in at any time during the proceedings to inform the Judicial Board’s deliberations, under Constitution IX.2.E (“The Judicial Board shall have access to every VSA resource, file, or any other material deemed necessary to the effective execution of the case”), and can only be considered to be pre-existing documents, not new evidence.

Second, on the basis of abstention, the complainant’s assertion that the Board’s ruling was inconsistent with three years of precedent in voting procedure was found to be without standing. The passage in question is Bylaws VI.6.A: “…An unopposed race shall include the name of the candidate, a space for “no,” and a space for instruction for abstention.”

This passage, which was used to give precedent for the implementation of the referendum, was cited by the complainant tonight to call into question the consistency of the Judicial Board’s ruling. Because the complainant’s assertion that new evidence was brought into deliberations was found invalid, however, this assertion, which followed from the first, was found not to be germane to the decision we reached tonight.

Although the Judicial Board, the Committee on Operations, and the Board of Elections are equally responsible for allowing elections inconsistent with the Constitution and/or Bylaws to have occurred, the Judicial Board is bound by the governing documents to rectify procedural inconsistencies brought about by precedent. To this end the Judicial Board formally requests and recommends that current voting procedures be updated to reflect this ruling and Bylaws VI.6.A.

Sincerely,

Alaric Chinn ’13

Juliana Halpert ’12

Lane Kisonak ’13

Greg Lichtenstein ’12

 

Presided over by Vice President for Student Life

Samin Shehab ’11

 

 

 

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Live Blogging| Judicial Board Appeal

April 12th, 2011 by

6:54| Four members of the Judicial Board will meet to consider the appeal on its decision to uphold the charges of the Monday, April 11 hearing. VSA Vice President for Operations Ruby Cramer ’12 will speak for the complainant, the Board of Elections (BOE). Judicial Board Chair Shouvik Bhattacharya ’11 is the respondent.

6:59| VSA Vice President for Student Life Samin Shehab ’11 is presiding. The meeting is called to order.

7:00| Cramer summarizes the reason for the appeal. The Judicial Board acted on its own initiative during the initial hearing. “The case boiled down to whether or not we had an abstention option on our referendum vote.” There was not, and that factored into the Judicial Board’s decision, but the BOE did not have a chance to defend this point in the initial hearing.

The second basis for appeal is the new evidence- a discussion in an Operations Committee meeting in which it was decided that not voting should be considered an abstention. “We have not had an abstention on our elections ballots for the last three years”, says Cramer. Therefore, she says the Judicial Board has used an inconsistent interpretation of the Bylaws.

The last basis for appeal is that the interpretation of abstentions has changed in the transition from paper ballots to electronic ballots three years ago. Blank ballots once signified abstentions. “Right now the closest thing we have to a blank ballot is not voting at all,” said Cramer.

 

7:07| Judicial Board members are asking questions.

Cramer clarifies the electronic voting procedure. Voting software requires voters to vote in at least one of the polls, but can leave all others blank as an abstention or not voting at all.

7:09|The room is now full and spectators are sitting on the floor.

Cramer believes a consensus was made around the fact that not voting is considered an abstention and that that is taken for granted by the student body.

7:11| Bhattacharya is responding. He believes there is no basis for appeal.

The basis for the appeal is “fancy Latin which applies to courts. We are not a court.” says Bhattacharya.

He cites a bylaw that says the Judicial Board shall have access to all documents regarding the case.

“Our mandate is not to look at a charge and then not consider random things. The whole appeal rests on the fundamental misunderstanding of the Judicial Board.”

He says the dialogue at the Operations Committee was mentioned at the hearing.

“If the precedent set by the last three years is wrong we are sorry to tell you that the process has been wrong all along. It is not our fault that the documents are not up to date. Our mandate is to look at the documents and make sure the VSA is in compliance with that,” says Bhattacharya.

“The vote is invalid, why are we dragging this out?” asks Bhattacharya. He says not including a reference to Art. VI.6.A of the Bylaws smacks of not having a reasonable interpretations.

“There is conflict of interest written large across this process” says Bhattacharya. He acknowledges that the decision is unpopular but binding.

The Judicial Board has the right to convene and find a vote unconstitutional.

7:19| The Judicial Board has no questions. Cramer will make her closing statement.

Cramer cites the rights of respondents and complainants to appeal when procedural rights are violated. Abstentions was not a focus of the hearing on Monday because respondent Alex Koren ’13 did not bring it up.

“There is no way to have a blank ballot on the form we use right now” says Cramer. In this electronic ballot, she believes a blank ballot is synonymous with a nonvote, and therefore a nonvote is an abstention. The bylaws state that blank ballots are to be considered abstentions.

7:23| The Judicial Board is asking questions.

Cramer clarifies that though the definition of abstention was discussed in the hearing, the bylaw requiring abstentions was not considered.

She adds that an “abstention box” can not be included into the candidate field. In a “yes or no” question, such as the referendum, an abstention box could have been included but not in general elections.

Leonard had contacted Cramer asking for the language used in the actual poll after the hearing had closed. That evidence was used to inform the Judicial Board’s decision. Cramer did not feel this was an appropriate time for her to defend this language.

7:30| Bhattacharya will give his closing statement.

Bhattacharya was surprised by the vote but the Judicial Board continued to explain their decision and went to great lengths to include the governing documents in their decision.

He says Cramer should have known the Judicial Board would use governing documents as the basis for its decision. He says that the act of putting in a blank ballot is not the same as not voting. He refers to Koren’s statement on Monday, in which he said that silence is not consent.

He understands that there was a gap between paper and electronic ballots, but the documents should have been updated, according to Bhattacharya.

7:33| The appeal hearing is adjourned. The Judicial Board will go into closed deliberations.

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Judicial Board appeal set for 7 p.m. tonight

April 12th, 2011 by

The Judicial Board will hear an appeal to its ruling yesterday that last week’s referendum vote was unconstitutional tonight at 7 p.m in College Center 204. The appeal has been brought to the Judicial Board by the Board of Elections (BOE). The hearing will be open to the public, while the final Judicial Board decision will be closed.

The Board of Elections is contesting what it views as a lack of precedent for the Judicial Board’s ruling that the option to abstain would need to be printed on the ballot in order for the referendum to be valid. As the appeal states, “Under the courts ruling, the entire VSA council along with the Judicial Board and all other elected officials have not been legitimately elected. During the fall election cycle of 2011, there was no mention of abstentions anywhere on the ballot or at any point during the voting process. ”

Because of the appeal, filing for spring elections has been postponed until tomorrow, April 13.

The full text of the appeal is below:

As per Article IX.5.A of the Constitution, the respondent would like to file an appeal on two counts.

The respondent believes that procedural rights were violated with regards to the decision being founded on evidence that was not mentioned by either party during the trial. The Board acted nostra sponte (on its own initiative), something which is improper. It is the Board’s job to interpret the evidence provided to it, never to make its own. In this instance the Board addressed a question raised by no one and supported by no evidence provided at trial. Regardless of whether the court is correct, it chose to actively incorporate new evidence on its own initiative, a decision which is almost always held to be a reversible error on appeal in general courts.

Moreover, the respondent believes that there is new evidence that needs to be taken into account during this assessment. This evidence is drawn from a dialogue that took place during the widely attended Operations Committee meeting on April 4th. This dialogue was not mentioned during the trial as the evidence and interpretation used by the court to make its final decision was never included in the trial.

As the judicial board correctly points out, Article VI.8.F of the bylaws was the basis for the Board of Elections’ final decision. Given the importance of this article, the definition of an abstention came up several times during the Operations committee meeting. Initially, the members of the Judicial Board who were present stated that an abstention option would have to be placed on the ballot for the vote to be valid.

The judicial board acknowledges in their memorandum that “To be clear, this subsection (VI.6.A) does not preclude the Board of Elections from declaring that ‘not voting’ is an ‘abstention.’” The Operations Committee came to the consensus that “not voting” has always been declared an abstention by the Board of Elections. This consensus was based on the precedent established by every VSA election in the past three years. There has never been wording on a VSA ballot that states that a non-vote is an abstention. Furthermore, there has never been an option to abstain on any VSA general body vote.

Under counsel from the members of the Judicial Board present, the Operations Committee recommended to the BOE that “a simple majority, not including abstentions,” was sufficient to pass the amendment and that a “non-vote” can be defined as an abstention.

Finally, it is important to note that the Judicial Board’s decision (although in concordance with the bylaws) goes against several years of precedent. As mentioned before, there has never been an explicit mention of abstentions in any election in the past three years. The BOE made their decision based on the precedent of previous elections. Under the courts ruling, the entire VSA council along with the Judicial Board and all other elected officials have not been legitimately elected. During the fall election cycle of 2011, there was no mention of abstentions anywhere on the ballot or at any point during the voting process. As such, if the Judicial Board believes that the court is correct and chooses to enforce the court’s interpretation of “abstention” than the current judicial board would be inconsistently applying that definition.

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Judicial Board deems referendum vote unconstitutional

April 12th, 2011 by

According to an e-mail from Judicial Board Chair Shouvik Bhattacharya ’11 sent via Vassar Student Association President Mat Leonard ’11 at 12:46 a.m., the four members of the Judicial Board hearing the complaint against the constitutionality of the recent referendum regarding amendments to the VSA Constitution unanimously voted in favor of upholding the complaint.

Leonard has confirmed that he has received an appeal to the  Judicial Board’s decision. Therefore, filing for spring elections will be postponed until Wednesday, April 13.

“Just to give an update, as of this evening, I have recieved an appeal for tonight’s judicial board ruling. Therefore, filing will be further delayed until after the appeal can be heard,” he wrote in an email at 1:47 a.m. “Updates will be given as soon as information is available.”

In the email, Bhattacharya listed the reasoning behind the Board’s decision. Because the VSA Constitutional language applicable to referenda not supported by the VSA Council—Council voted down the amendments—did not specify a simple majority of voters or a voter threshold, the Judicial Board had to turn to language in the VSA Bylaws on referendum votes. The bylaws suggested that a simple majority of the VSA is required to pass a referendum, leaving out abstentions. The Judicial Board found that if the act of not voting could be counted as an abstention then the referendum would have been Constitutional, however, they found language to contradict this interpretation in the Bylaws applicable to general elections, which require “abstention” to be a choice on the ballot:

“All General Elections ballots shall allow voters to vote in the order of their preferences for up to and including the number of candidates running for any given position. These ballots shall include the names of each candidate in random order and a space or instructions for abstention. An unopposed race shall include the name of the candidate, a space for “no,” and a space or instruction for abstention.”

Overall, the decision was consistent with the Judicial Board’s earlier recommendation that 51 percent of the entire VSA (the whole student body) would be required to pass the referendum rather than a simple majority of voters. Citing concerns of practicality and lacking a published precedent for establishing a voter participation threshold, the Board of Elections (BOE) had then decided that the amendments could be ratified by a simple majority of voters.

While there was no active precedent for a voter threshold, in the spring of 2009, the VSA Council did pass legislation requiring 50 participation in a referendum vote. However, this language was lost last year and never officially published within the VSA’s governing documents. Because the language had not been public to the student body, despite being passed in Council, the Judicial Board deemed early in the referendum process that it could not be used. 30.5 percent of the student body voted in the recent referendum between Thursday, April 7 and Saturday, April 9.

The full text of the e-mail is below:

On Monday April 11th 2011, the Judicial Board heard a case where a member of the class of 2013 brought the following charge against the VSA Board of Elections:

“The VSA Board of Elections’ decision to require a simple majority of participating voters and not a majority of all members of the VSA is a violation of the VSA Constitution.”

In a unanimous vote, the four sitting Judicial Board members have upheld the charge and declared the decision of the Board of Elections to consider a simple majority of participating voters to be not in compliance with the VSA Constitution and the Bylaws. In reaching this decision the Judicial Board used the following reasoning:

  • Per Article VI.1.B of the bylaws: “[The Board of Elections] Shall conduct and oversee all elections and referendums through reasonable interpretations of the VSA Constitution and VSA Bylaws.” Reasonable interpretation was the guiding principle in the Board’s decision.
  • Explicit language concerning referenda on constitutional amendments is found in Article XIV of the VSA constitution:

Section 1: Amendments to the Constitution

A. Any member of the VSA may propose amendments to the VSA Constitution to the VSA Council. The VSA member proposing an amendment must submit it to the VSA Vice President for Operations prior to bringing it before the Council.

B. A two-thirds majority vote of the VSA Council is sufficient initially to amend the Constitution. A vote may take place at the meeting following that in which the revision is introduced.

C. Following an amendment, the VSA Vice President for Operations must notify the entire student body of the change, and the number of signatures necessary for a referendum, via posting, as well as providing one to any student upon request. The amendment stands if a period of two weeks passes, and a written objection is not presented to the VSA Executive Board.

D. If there is an objection(s) signed by at least 5% of the VSA membership, then the VSA Council must call for a referendum vote to be conducted by the Board of Elections. A simple majority of those casting ballots, regardless of abstentions, shall be required to either pass or defeat the amendment.

E. Any proposed amendment not supported by the VSA Council may be brought to a referendum with a petition signed by 15% of the VSA.

  • The complainant stressed that the present decision of the board of Elections should be in relation to subsection E. Subsections C and D, which also contain language pertaining to referenda, do not apply here. He contended that section D relates to referenda based on an objection to an amendment passed by the VSA Council. The Judicial Board found that the distinction between C and D operating as a unit, and E operating on its own was a reasonable interpretation. The language of referenda in D applies specifically for the case in which there is an objection to an amendment passed by the VSA Council. In this case the referendum did not pass the VSA council, so the question of objection does not arise. Thus, we are dealing exclusively with subsection E.
  • A consideration of subsection E leads us to the bylaw found in Article VI.8.F of the VSA Bylaws:

In a referendum vote, the article shall be deemed to have passed if a simple majority of the VSA has voted in favor of the article, not including abstentions.

  • The decision in this case hinged on the interpretation of “abstention.” If the governing documents define “abstention” as “not voting,” the Board of Elections would be in compliance with the VSA governing documents.
  • However, per Article VI.6.A of the VSA Bylaws:

All General Elections ballots shall allow voters to vote in the order of their preferences for up to and including the number of candidates running for any given position. These ballots shall include the names of each candidate in random order and a space or instructions for abstention. An unopposed race shall include the name of the candidate, a space for “no,” and a space or instruction for abstention.

  • This subsection clearly provides for language on abstentions. While the dominant sense of the subsection might appear to be related to candidate elections, there is a clear provision for “including a space or instruction for abstention” in Voting Forms in general.
  • To be clear, this subsection does not preclude the Board of Elections from declaring that “not voting” is an “abstention.” However, in this instance, the Board of Elections disregarded this provision on abstentions entirely, and in so doing, they did not fulfill their mandate of a comprehensive, reasonable interpretation of the governing documents as set out in Article IV.1.B of the Bylaws.

The Judicial Board wishes to clarify that in this finding the merits of the amendments themselves were deemed irrelevant. Additionally, the Board is not making a determination about a single interpretation of Article VI.8.F of the VSA Bylaws. Rather, in reaching this decision, it wishes to open up the possibilities of Article VI.6.A of the bylaws in informing Article VI.8.F.

Per Article IX.5.A of the Constitution:

The Judicial Board shall have the authority to retry cases on appeal from the original Judicial Board decision in the case that substantial new evidence exists and/or the procedural rights of the respondent or complainant were violated.

If either the complainant or respondent believes there is substantial new evidence or that procedural rights were violated, (s)he can submit a petition for a rehearing to the VSA President.

Sincerely,

Shouvik Bhattacharya

Judicial Board Chair

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Live Blogging | VSA Council, April 10

April 10th, 2011 by

7:09 | Council is about to begin. Assistant Dean of Students and Director of Residential Life Luis Inoa will be attending tonight’s meeting.The Council will also be voting on an amendment to VSA Bylaws Article VI, which deals with campaigning.

7:16 | Attendance.

7:17 | There will be a referendum hearing with the Judicial Board tomorrow night at 6:00 p.m. in Rockefeller Hall 300.

Vice President for Student Life Samin Shehab ’11 is explaining that a member of the class of 2013 contested the recent referendum.

If the Judicial Board decides that the vote was unconstitutional, the vote will not stand. If the Board decides that the vote was constitutional, then the amendments will have been ratified. Regardless of the decision, filing for spring elections will begin on Tuesday, April 12. If the vote is valid, students will be able to file for the new position of class senator as well as the revised house president position.

The Judicial Board hearing is open to the public, but the final decision will be made behind closed doors.

7:23 | Inoa is here to discuss Residential Life. He says that this is a “year of transition for the office.” The Residential Life Office has several new House Advisors this year, and their responsibilities have been split between the houses and various offices in the College, such as Campus Activities.

Inoa is also explaining some changes to the room draw process.

Inoa says that the office is considering moving students who are on probation to the bottom of their class room draw list within their house. “We did survey students on this particular question,” he says. According to Inoa, he has gotten a lot of feedback from students saying that it is unfair for students on probation for residential violations to potentially received the most desired rooms. “It’s really in its infancy,” he says. “Where we are stuck is the impact on apartment draw.”

“We’ve also heard students say, well ‘probation here doesn’t really mean anything.’ Well, now it does.”

Inoa says that the bathrooms and elevators in Lathrop will be updated this summer. The kitchens in Main House will also be updated.

The Residential Life Office will also be hiring one new House Advisor, who will be working with Campus Activities on the UpCafé, working with Health Education and establishing some quiet spaces for students on campus.

The Office is also responsible for the Transitions Program. He says that the committee working on the program is working on putting together a full-year report on the program. The program was first instituted this academic year. The program focuses on first generation college students. The Committee on Inclusion and Excellence also oversees the program.

President of 2011 Moe Byrne asks about dorm damage this year, noting that the beginning of the was “rough” in regards to alcohol issues and dorm damage.  “I don’t know why we’ve stopped talking about it as much, but it doesn’t feel like as much of an issue as it did at the beginning of the year,” says Inoa.

Shehab adds that the Committee on College Life (CCL) as well as the Student Life Committee is looking into alcohol and social norms, but notes that it has so far been “all talk.” He hopes that the committee will be able to put together a campaign about campus culture.

7:54 | Allocation of $1,060 from the Conference Fund to the Debate Society: The Debate Society is hoping to attend a conference at Amherst College. Main House President Boyd Gardner ’12 makes a motion to amend the allocation to $1320 so that the team can rent cars to get to the conference. The motion passes.

Vice President for Finance Travis Edwards ’12 is giving a brief update on the state of the VSA’s funds, noting that some of them are rather depleted.

8:06 | The allocation to the Debate Society passes.

8:06 | Allocation of $1200 from the Council Discretionary Fund to the Vassar International Students Assocation (VISA): VISA is requesting funding for their Senior Week event, which will be hosted in Shadows Over the Hudson. The motion has been tabled until next week to review VISA’s application again.

8:28 | Allocation of $5400 from Community to MEChA: MEChA is planning on attending a march for workers’ rights and will be hosting a Vassar workers’ appreciation dinner.

8:39 | Allocation of $1000 from the Collaboration Fund to ViCE: ViCE is planning the event South by South Commons. The allocation passes.

8:40| Motion for a five minute recess. The motion passes.

8:53| Student Amendment to Bylaws – Article VI

Seth Warner ’12 is “happy to be so well supported by the VSA [administration] for supporting [him] to effect changes” to the elections procedure. He is now enlisting the benefits of his proposed amendments, which would extend the filing period for elections. “These reforms will make elections more substantive and competitive,” he says.

Class of 2014 Michael Moore says that “this is the kind of change we will need if the senatorial passes. This is a fantastic example of how students can get involved,” he said.

VSA Vice President for Operations Ruby Cramer ’12 informs Council that Warner was at the last Operations Committee meeting to “tie up some loose ends” about changes. The biggest change made from Warner’s fist proposal is the addition of clause that states the VSA administration will be in touch with the Office of Residential Life in order to coordinate elections with room and apartment draw.

VSA Vice President for Operations Tanay Tatum’12 wishes strike Section VII of the proposal, that states the candidates are allowed to use fliers to campaign. Tatum feels that this is “unsustainable,” and “may not promote face-to-face contact,” something that the changes wish to encourage.

Shahab clarifies that Section VII directs candidates to hand student fliers only when they have conversations with them, and Warner agrees that in this way, allowing the use of fliers does promote face-to-face contact.

Moore says that there are more sustainable ways for campaigning than the use of fliers, such as campaigning through the internet.

The motion to amend the proposal to strike Section VII passes unanimously.

Moore proposes that the amendments be postponed for next year in light of the recent changes, because as it stands now, “it may get too hectic” as student are not informed enough. Warner however argues that those running will be in close contact with the Board of Elections, who can inform those running of these changes.

“Because people are not going to know until Tuesday night about what position they are running for,” enacting that clause of the amendment that says that the candidate may put up posters during the filing period would be unfair to some candidates said Tatum. She also stressed that she has not spoken with Dining Services and the Campus Activities Office to make sure if they are open to having spaces on campus for posters.

Warner makes a motion to amend the proposal so that the changes be implemented for the 2011-2012 elections cycle, “not the one starting on Tuesday” — this amendment would only change the “Enactment Clause” of Warner’s proposal. The rest of the proposal stays as is. This motion passes unanimously.

Council passes Warner’s amendment.

9:37| Appointment of Aaron Grober’11 to Board of Elections Co-Chair

“Right now, [Terrace Apartments President Sam Allen'11] is the only appointed Board of Elections co-Chair, and [Grober] applied to fill the other position. He has a lot of VSA experience,” said Cramer.

Strong House President Sophie Wassermann’12 “[feels] uncomfortable, appointing someone without an open declaration,” to which Riker responds that “we should not punish [Grober] for knowing that the position was open, and we did declare the position open at the beginning of the year.”

The council appoints Grober unanimously.

9:51| Executive Board Reports

Activities

Tatum says that The Limit will write an apology to the Department of English, and an area of Sanders Spitzer Auditorium will no longer be able to students for activities. This is in light of accusations against the comedy group of vandalization of academic space last week. “I will not approve any more events after this week,” says Tatum. She also plans to certify certain organizations, including Slow Food Vassar.

Finance

Edwards reports that the Vassar Pagan Circle will be decertified conditionally, as “the organization has been in debt for two years in a row.” The VSA has close to $17,000 that can be moved across funds should any one fund run low in its balance.

10:00| Open Discussion

There are 42 left to graduation.

Vice President for Academics Laura Riker wanted to follow up with Council members on whether they have given any thought to FOCUS weekend. Several members have approached the event’s organizers with ideas; Class of 2013 Secretary Ann-Marie Alacantra, who is a proxy for the Class of 2013 President Eli Berns-Zieve, says that “if people are thinking of ideas, they should contact me because I’m the Admissions Office Intern responsible for FOCUS weekend.”

Town Students President Maya Acevedo ’11 asks if members of the Residence Council — if such a structure were to be adopted — would be required to sit on VSA internal committees. She also “wants to see more concrete ideas come out of tonight’s meeting relating to how we’re going to educate Vassar students.” Shehab responds to the former question that members of the Residence Council members will not sit on the committees — while such a change was thought about, it was not included into the referendum sent out to students.

“We need a ghost army right now” says Moore. “Council will be that ghost army… There needs to be not just talk but some very physical motion towards a yes. We all have to hold to what our constituencies have voted on. If tomorrow the Judicial Board Board votes it down it will be like the witch king has cut off Gandalf’s head.”

Tatum hopes next year’s Council will continue to hold open subcommitee meetings so that House presidents will be able to sit on them regardless of a seat on Council. She hopes VSA  Council will go forward and educate students as a unit rather than as a divided body.

Lathrop President Samantha Garcia object’s to Moore’s Lord of the Rings simile. “There’s an idea of good versus bad and I don’t think that’s fair at all. If the referendum stands we all need to get behind it and make sure it succeeds,” said Garcia.

Cramer believes that the Judicial Board hearing will conflict with the scheduled Operations Committee meeting on Monday. The meeting will be rescheduled tentatively to 8:00.

“I’m conflicted about the voice we want seniors to have on this”, said Senior Class President Moe Byrne ’11. Riker reminds Council that seniors vote for Executive Board elections.

Acevado adds that seniors have an advantage of having four years of experience with the VSA.

Shehab thanks Executive Board and acknowledges that the past weeks have been particularly trying for them.

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