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Monday, March 07, 2005
# posted by Anonymous @ 2:06 AM

Hung Council! - Charges Against Gade Dismissed

In one of the first split decisions in the Council for quite some time, ASUC v. Gade is dismissed after a 3-3 deadlock in the Judicial Council. The four page decision can be found here.

ASUC%20v.%20Gade%20Decision

As much as I like AAVP Gade, the opposition opinion just seems to make more sense. Expanding ASUC membership to Extension students gets complicated, especially when a student fee payment structure to the organization isn't in place. A great quote:

"Being accepted for Concurrent Course does not constitute admission to UC Berkeley as a regular student."

- from the decision and from the UC Extension website

So, if he's not a student in the university, how can he be an officer of the university's student union?

Personally, I'm concerned that this will open up a slippery slope for possible future abuses from alums running as pottery majors in the Extension program. But maybe I'm paranoid... there's almost no way a 36-year old would run for student government. Right?

This all still seems moot since no aspect of Title VI of the By-Laws was followed, which outlines how to remove a student with poor registration. Gade's rights as a defendant were violated, and a dismissal, had it been requested, would have had grounds to be granted automatically. If EVP Lee and AG Royer had done their jobs correctly at the beginning of the semester, this issue would've been open and shut.
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