аЯрЁБс>ўџ ACўџџџ@џџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџьЅС7 №П€6bjbjUU %B7|7|E,:џџџџџџl–––ВЪЪЪо.... :оК&bbbbbbbb9;;;;;;$р f_Ъbbbbb_о ЪЪbbtо о о b^ЪbЪb9о b9о во АuЪЪbV W™g§"ХоP.РjœŠ0К•f*Дfо ооЪЪЪЪйDecision of the ASUC Judicial Council ASUC v. Academic Affairs Vice President Rocky Gade On this Date, the Seventh of March, Two Thousand and Five Redacted by Chair Robert D Gregg IV In the case at hand, the Judicial Council finds itself evenly split, and thus we have no choice but to issue a dismissal. The Council’s division rests on the ambiguities of both the ASUC Constitution and By-Laws regarding the place of the UC Berkeley Extension student in the ASUC, and for this reason, it is our opinion that the ASUC Senate should separately address the issue. If one subscribes to the second interpretation, it may require a Constitutional amendment to achieve such integration. Opinion by Chair Robert D Gregg IV, with whom Senior Associate Justice Nikhil Cooper and Associate Justice Amitabh Banerji join “We, the students of the Berkeley campus of the University of California, as an autonomous constituency of the university community, do provide by this Constitution a student government committed to effective student participation in all areas of student concern, that we may, through independent action and in concert with other constituencies of the university community, participate in the formation and the improvement of educational programs, protect full freedom of assembly and expression in the university community, articulate and represent the student interest in the governance of the campus, provide services and coordinate activities for students, and advance our common interests and concerns as students and as citizens, do hereby ordain and establish this Constitution.” ~ PREAMBLE, ASUC Constitution We have been asked to make a landmark decision. While on the outside it seems that we must simply interpret the wording of the Constitution, we realize that at the same time we are being asked to define the role of the UC Berkeley Extension student in our Associated Students of the University of California. In Article 1 Section 2, the Constitution clearly includes Fall Extension students as members of the Association: “Any person registered as a student, or registered as a Fall Extension Student at the University of California at Berkeley may be a member of the Association.” However, in the case of AAVP Gade, who is in the UCB Extension program but not as a Fall Extension student, it could be argued that he does not even qualify as a member based on this distinction. We believe that, instead of serving as a distinction, this line is intended as a clarification with the purpose of guaranteeing Fall Extension inclusion. It is our opinion that all Extension students are equal members of this Association. Aside from membership, we must also consider whether a UCB Extension student is eligible to serve as an elected or appointed official. Section 2 elaborates that, “Subject to other applicable qualifications, all members shall be eligible to hold office in the Association or in any of its subordinate organizations.” In asking what these applicable qualifications may be, we look at Section 3, where the Constitution discusses the requirements for elected and appointed officials: In order to assume or remain in an elected, appointed, or confirmed position in the Association, a person must be a registered student at the University of California at Berkeley, unless the position is explicitly designated as non-student, or - for not more than one semester - if the person can demonstrate that s/he is actively working towards the removal of a University imposed impediment of her/his registration for that semester. In Rocky’s case, the one-month grace period does not apply, since he has been in the Extension program for two semesters. We must then decide what constitutes a “registered student at the University of the California at Berkeley.” Upon first inspection, Title VI Article 1 of the By-Laws may offer some guidance: For purposes of serving as ASUC Senators and Officers and of running for such offices, a student is defined as: One who is registered in classes during the current semester or, if between semesters, during the most recent semester. However, we are still faced with the same question of what registration means. If we subscribe to the idea of the “University proper,” we would require that they be officially registered through the UC Registrar. Yet, we can also consider registration through the UC Berkeley Extension program, which is a subsidiary of the University of California, to be sufficient. This is the major point at which the Judicial Council splits in opinion. We believe that the University of California—Berkeley can be thought of as an umbrella entity, which encompasses both the official UC Registrar and the UC Extension program. In Rocky’s case, he was accepted into the University entity when he registered to attend here as an undergraduate (this is also why Fall Extension students are considered members of the Association). As for his past two semesters, AAVP Gade took a step into the UC Extension sect of this entity, from which he has been concurrently enrolled in classes offered in the official UC sect. He is still a part of the University entity, especially considering he will soon receive his diploma from the College of L&S. Therefore, since Rocky is registered through the University entity, he is unmistakably qualified to serve as an official in the ASUC. In conclusion, the preamble of our Constitution declares that the purpose of our Association is to be a representative body of the Berkeley campus community. This case, however, calls into question what exactly that campus community may be. If we followed the University proper definition, it would be only the traditional Cal student. Fortunately, we are a unique Association in that we have preserved our autonomy from the University, and thus we may subscribe to our own definition. Extension students live in the dorms and around campus. They study for the same midterms, which they take in the same classrooms. They have the same Alma Matter and participate in the same campus rallies. It is deplorable to think that after all the achievements we have made in integrating our campus community, we could deny the right of representation to Extension students, a group just as fundamentally engraved in our educational institution as the next. We cannot legally support an interpretation that does just this. Opinion by Assistant Chair Jessica Unterhalter, with whom Associate Justices Nile Taylor and Marisa Cuevas join Although it is heart-warming that Chair Gregg has tried to capture the spirit of the preamble in his decision, it is unfortunate to note that the preamble has no legal standing and thus no legal implications. In order to truly understand the intended audience of the ASUC constitution, one must look directly to the constitution. Chair Gregg, states that “While on the outside it seems that we must simply interpret the wording of the Constitution, we realize that at the same time we are being asked to define the role of the UC Berkeley Extension student in our Associated Students of the University of California.” However, he has failed to realize that we are asked to simply interpret the wording of the constitution, for the definition lies within. In Article 1 Section 2, the Constitution states, “Any person registered as a student, or registered as a Fall Extension Student at the University of California at Berkeley may be a member of the Association.” Although the dissenting opinion has attempted to claim that the statement regarding Fall Extension Students is meant as a clarification, this grammatically makes no sense. The Constitution delegates membership to all registered students or Fall Extension students. The “or” indicates that Fall Extension students are qualitatively different from registered students. If it merely stated that students are eligible for membership in the Association, there would be more reason to believe that the general extension program is included. However, the Constitution is very specific in naming the two distinct groups membership applies to. It is an unreasonable jump in logic to claim that Fall Extension student encompasses all Extension students; if that was the intention, it is the constitution’s role to specify so. As such, only registered students of the University of California, Berkeley, or Fall Extension Students are given membership in ASUC and access to the benefits of that membership. It is thus unnecessary to even consider whether AAVP Gade is eligible to hold office as an Extension student, as the constitution very clearly states “all members shall be eligible to hold office Association.” As an extension student, not registered in the specified Fall Extension Program, AAVP Gade is not even considered a member of the ASUC, and thus he cannot hold any office, elected or appointed. Furthermore, as membership is only offered to registered students and the specified sub-sect of Fall Extension students, no one besides these designated groups should legally be able to vote. Moreover, even if one were to illegally claim that AAVP Gade is considered eligible to hold office as a member of the Extension Program, Title VI, Article I of the By-Laws further proves his ineligibility, as it defines a student, for the purpose of running (and thus serving) in an elected office, as “One who is registered in classes during the current semester or, if between semesters, during the most recent semester.” AAVP Gade, as an extension student, is concurrently enrolled in his classes; however, despite being “enrolled,” he is not registered in the classes as a UC Berkeley student. Even the extension website explains, “ Being accepted for Concurrent Course does not constitute admission to UC Berkeley as a regular student.” Anyone can enroll in the extension program, but only a select few, those offered admission by the University can register as students. Thus even turning to the secondary definition in the by-laws requiring being “registered,” AAVP Gade should not be serving as an elected officer. Fall Extension students live in the dorms and around campus. They may study for same midterms, which they may take in the same classrooms. They will have the same Alma Matter and they can participate in the same campus rallies, and that is why the Constitution is careful to name them as members of the Association. However, the same is not necessarily true of the regular extension participants, who are enrolled in Extension classes. More importantly, they do not pay the same student fees. It is thus illogical to believe they should have the same access to the benefits of the Association, when it is registered UC Berkeley students, and Fall extension students (come Spring), whose fees are going towards maintaining and funding the Association. Although this may seem to be a harsh line, we, as the Judicial Council, cannot consider moral interpretations or consequences. We are bound to the words of the Constitution, which in this case are very specific. AAVP Gade should not be able to continue in his office, as he can not serve with out being a member of the Association and is not a members, as he is neither “a registered as a student, or registered as a Fall Extension Student.”  Constitution Art. 1 Ї2 “Any person registered as a student, or registered as a Fall Extension Student at the University of California at Berkeley may be a member of the Association. All members shall hold equal voting rights in the Association and its subordinate organizations, except as otherwise provided in this Constitution. Subject to other applicable qualifications, all members shall be eligible to hold office in the Association or in any of its subordinate organizations.”  Constitution Art. 1 Ї3 “In order to assume or remain in an elected, appointed, or confirmed position in the Association, a person must be a registered student at the University of California at Berkeley, unless the position is explicitly designated as non-student, or - for not more than one semester - if the person can demonstrate that s/he is actively working towards the removal of a University imposed impediment of her/his registration for that semester. This provision does not apply to the Summer semester provided that the person intends to be a registered student in the Fall semester.”  Title VI Art. 1 Ї1  Constitution Art. 1 Ї2 “Any person registered as a student, or registered as a Fall Extension Student at the University of California at Berkeley may be a member of the Association. All members shall hold equal voting rights in the Association and its subordinate organizations, except as otherwise provided in this Constitution. Subject to other applicable qualifications, all members shall be eligible to hold office in the Association or in any of its subordinate organizations.” '([\—М4 Ў Џ IJўџ=$%bnю ! Џ M!N!="@"Ю$а$/(”+˜+џ+,&,*,N,Q,E0F0+2,2ƒ4„4˜4™4~66€6ќђыццрцецвЩврСВрЌрцрЌрцецІццр•ц•ц•ц•цецецецецц6OJQJ]5>*OJQJ\ >*OJQJ 6OJQJj0JCJOJQJU]CJOJQJ]j0JCJUCJj0JOJQJU OJQJ]OJQJ CJOJQJ5CJOJQJ\5\4'([\–—˜МНБВс 34G e f fIJ§ћієіііђђ№ъъсссъ№з№№№ее№ „„а^„`„а$„а`„аa$„а`„а$a$E06§§<=­&'уS‰Š} 6%‹'”+B0C0D0E0+2ƒ4˜4~6§§ѓъ§§§фффпппфффффпп§нннн$a$„а`„а & F„а]„а „а„а]„а^„а~66€6§§#01FАа/ Ар=!А"А# $ %А i8@ёџ8 NormalCJ_HaJmH sH tH D@D Heading 1$$@&a$6CJOJQJ]>@> Heading 2$$@&a$ CJOJQJ<A@ђџЁ< Default Paragraph Font0>@ђ0 Title$a$ CJ OJQJ<J@< Subtitle$a$5CJ OJQJ\6@6 Footnote TextCJaJ8&@Ђ!8 Footnote ReferenceH*@T@2@ Block Text„а„а]„а^„аOJQJFBBF Body Text1$7$8$H$CJOJQJ^JaJЎў $M€2ц>S9<€2Bџџџџ'([\–—˜МНБВс 34Geff I J <=­&'уS‰Š}6!‹#”'B,C,D,E,+.ƒ0˜0~22˜0€€˜0€€˜0€€0€€˜0€(˜0€(˜0€(0€(0€(˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜0€˜˜ 0€˜˜0€l˜0€l˜0€l˜0€€˜0€l˜0€l˜0€l˜0€l˜0€l˜0€€˜0€€˜0€€˜0€€˜0€€˜0€€˜0€€˜0€€š@0€€@0€€˜@0€€˜@0€€ 0€6~6€6 6њ%&- –<GE,~22 .23­$&у^f“E, 0&0~223333\y~•пчяяjoŒ$($/$/$G$I$W$X$g$i$p$q$Ы%Э%р%р%§%&&&&&x&'H'\'в'л'х'ъ'џ'(&(+(H(](!)J)K)L)[)\)ѓ)*&+'+G+Z+e+ˆ+A,A,D,E,E,G,*.+.~22џџ mC:\Documents and Settings\Bobby\My Documents\Judicial Council\cases\Spring 05\ASUC v AAVP Gade - decision.doc mC:\Documents and Settings\Bobby\My Documents\Judicial Council\cases\Spring 05\ASUC v AAVP Gade - decision.doc mC:\Documents and Settings\Bobby\My Documents\Judicial Council\cases\Spring 05\ASUC v AAVP Gade - decision.doc mC:\Documents and Settings\Bobby\My Documents\Judicial Council\cases\Spring 05\ASUC v AAVP Gade - decision.doc mC:\Documents and Settings\Bobby\My Documents\Judicial Council\cases\Spring 05\ASUC v AAVP Gade - decision.docJessica UnterhaltertC:\Documents and Settings\Owner\Application Data\Microsoft\Word\AutoRecovery save of ASUC v AAVP Gade - decision.asdJessica UnterhalterVC:\Documents and Settings\Owner\My Documents\j council\ASUC v AAVP Gade - decision.docJessica UnterhalterVC:\Documents and Settings\Owner\My Documents\j council\ASUC v AAVP Gade - decision.docRobert D GreggvH:\Documents and Settings\RD Gregg\My Documents\Bobby\Judicial Council\cases\Spring 05\ASUC v AAVP Gade - decision.doc NC:\Documents and Settings\Ben Narodick\Desktop\ASUC v AAVP Gade - decision.docчS9Eо*РŒџџџџџџџџџ„а„0§Ца^„а`„0§o(„ „0§Ц ^„ `„0§CJo(.„p„0§Цp^„p`„0§o(..„Ј „ШћЦЈ ^„Ј `„Шћo(... „x„ШћЦx^„x`„Шћo( .... „А„`њЦА^„А`„`њo( ..... „€„`њЦ€^„€`„`њo( ...... „И„јјЦИ^„И`„јјo(....... „№„їЦ№^„№`„їo(........чS9EџџџџџџџџE Ђ J ў гP”',A,E,],).0•0А0|2~22џ@€xѓp€2@џџUnknownџџџџџџџџџџџџG‡z €џTimes New Roman5€Symbol3& ‡z €џArial9‡ŸGaramond5& ‡za€џTahoma"qˆ№аh‡8“&‡8“&J4“ g€$M‘#№ xЃ‚€20dг,&2ƒq№џџDecision of the Michael Davis ўџр…ŸђљOhЋ‘+'Гй0x˜ДРифє   ( 4 @ LX`hpфDecision of the deciMichael Davise ichNormal  rm2rmMicrosoft Word 9.0@H'­@dabВ"Х@:џf§"Х@:џf§"Хg€$ўџеЭеœ.“—+,љЎDеЭеœ.“—+,љЎ\ hpœЄЌД МФЬд м љф#University of California, BerkeleygMг,  Decision of the Title8ЃЋГпћ_AdHocReviewCycleID_EmailSubject _AuthorEmail_AuthorEmailDisplayNameфc‹Эї"RE: ASUC v. AAVP Gade -- decisiongbobbyg@berkeley.eduRobert D Gregg.  !ўџџџ#$%&'()*+,-./ўџџџ1234567ўџџџ9:;<=>?ўџџџ§џџџBўџџџўџџџўџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџRoot Entryџџџџџџџџ РFРЇg§"ХD€1Tableџџџџџџџџџџџџ"fWordDocumentџџџџџџџџ%BSummaryInformation(џџџџ0DocumentSummaryInformation8џџџџџџџџџџџџ8CompObjџџџџjObjectPoolџџџџџџџџџџџџРЇg§"ХРЇg§"Хџџџџџџџџџџџџўџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџўџ џџџџ РFMicrosoft Word Document MSWordDocWord.Document.8є9Вq