Monday, March 07, 2005

You Heard it Here Third

CalStuff got it first, then I posted it on asuc.org, and now CalJunket is rocking the fact that the J-Council can't make up its mind. While the news of the decision is interesting, I'm far more proud of the fact that I now have the ability to post news on asuc.org all by my little self. Woo hoo for Rebecca C. Brown.

To quote me:

The Judicial Council has issued a dismissal of last Tuesday's case contending Academic Affairs VP Rocky Gade's eligibility to serve in the ASUC. While three justices decided that Gade's second semester as a UCB Extension student qualified him to remain AAVP, the remaining three justices interpreted the by-laws to mean that only Fall Extension students are given student status and thus the ability to serve in the ASUC.

Due to the lack of a majority rule, the Judicial Council has advised the ASUC Senate to separately address the issue.

Now that's some fancy reporting. Like how unbiased I sound? Given that this is my first bout of AP-style journalism (except for maybe a few newsflashes for the Squelch, not that the AP is known for using dirty words), I'd say that I deserve a pat on the back.

But this isn't asuc.org. It's my website, and I can editorialize if I want to. Similarly to Ben, I love Rocky like he's my Indian brother, but I just can't swallow the idea that the by-laws could be interpreted in his favor. In fact, I can't really buy that there is any room for interpretation.

Article 1, Section 2 of the ASUC Constitution:

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.

Yeah, Fall Extension.

Title VI, from Articles I (Officers Student Status) and II (Special Status):

For purposes of serving as ASUC Senators and Officers and of running for such officers, a student is defined as:

1.1. One who is registered in classes during the current semester or, if between semesters, during the most recent semester.

1.2. No person may run for ASUC officer or act in the capacity thereof who is not a student as defined here and in the ASUC Constitution, unless he/she meets the qualifications for Special Status... .

2.1. A student who is an ASUC officer or a candidate for an ASUC office shall be allowed to be in Special Status at most one semester if he/she is working towards the removal of a University imposed impediment of his/her registration.

Okay, Rocky is not registered right now, nor is it between semesters, so that takes care of 1.1. Being in Extension is not a "University imposed impediment," so 2.1 is out. And, again, he is not a student according to Title VI 1.1 or Article 1 of the Constitution, nor does he qualify for Special Status, so 1.2 doesn't help him. Sorry to get all Mike Davis on your asses, but the law (yes, the law...read it!) says that RockStar can't serve as AAVP.

Of course, if you have decided like Justices Gregg, Cooper, and Banerji 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

...then all "rules" are out the window. Umbrella entity? Whoa, dude. Just, like,...whoa.

I hope that some magical hidden bly-law will allow my good friend Rocky to continue serving while still leaving the integrity of the law intact. Luckilly the ASUC Judicial Council does not operate based on precedent, at least not in theory.

Read the full decision here, why don'tcha?

In other news, the new election.asuc.org is up and running, though by no means complete. Give me your input.

Now if you don't mind, I need to wake up and go teach some seventh graders math in five hours.

posted by Rebecca C. Brown at 2:43 AM

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