In a victory for the Movimiento Estudiantil Chicano de Aztlan, the Associated Students of Madison Student Judiciary decided Tuesday to grant the group a new eligibility hearing citing violations by Student Services Finance Committee members. The decision also ordered the removal of one SSFC member and issued warnings to two others on grounds they violated viewpoint neutrality.
MEChA appealed to the SJ after SSFC denied them eligibility Sept. 12. The group charged SSFC Chair and UW-Madison senior Roman Patzner and SSFC Representatives Ryan Nichols, a UW-Madison graduate student, and Mark Baumgardner, a UW-Madison senior, with violating viewpoint neutrality, a process used to ensure objective decision-making.
Baumgardner was found guilty of a malicious viewpoint neutrality violation and removed from SSFC. The court said his use of a single MEChA newsletter to justify denial of eligibility and his comments justifying those actions were based on his personal feelings toward the group. Rather than giving Baumgardner a \slap on the wrist,"" the court opted to remove him.
The court found Patzner's failure to collect written eligibility evaluations from SSFC members following MEChA's hearing an unintentional breach of SJ laws, electing not to punish him for the oversight. However, the court unanimously decided to reprimand Rep. Drew Horn, a UW-Madison junior, for committing a nonmalicious violation of viewpoint neutrality. Horn cited a MEChA poem as basis for voting against the organization's eligibility. He received a warning from the court for his actions.
Horn said the poem itself was not the reason for his decision.
""It was because our criteria says that services must be open to all students,"" he said. ""By featuring a poem titled 'Fuck the White Boy,' you are essentially creating an unwelcome environment to 85 percent of campus.""
Nichols was cited for non-malicious viewpoint neutrality violation and received a warning as well. In voting against MEChA, Nichols was cited in the decision as having said he believed ""the [group's] primary purpose is to serve Chicano/a students and that relatively few others are served.""
However, the court said other organizations on campus also cater primarily to minority groups but received eligibility nonetheless.
According to Horn, the reprimanded members of SSFC plan to take action.
""We will probably fight this all the way to the Board of Regents if necessary,"" he said. ""However, if they ignore us ... then we will consult with our attorneys and may be forced to take additional action.""
Faith Kurtyka, a UW-Madison junior and SSFC representative who voted for MEChA's eligibility, was pleased with the court's decision.
""I think it was a fair decision,"" she said. ""[The SJ] ensures the process stays fair and clean and every group has its fair shot.""
MEChA will receive a new hearing before the ASM Student Council Thursday.
MEChA co-chair Darrell Balderrama, a UW-Madison senior, expressed mixed feelings about the appeal process.
""It's sad we have to jump through all these hoops to gain eligibility,"" he said. ""I'm pleased with the decision, but not pleased with the fact we're still not done.""
However, Balderrama emphasized the group's commitment to seeing the ordeal through.
""Our spirits are strong and we will come out on top,"" he said.
