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- General
- No candidate, slate, or sponsor may be subjected to
a hearing twice for violation stemming from the same act.
- No information gathered in the course of a formal investigation
shall be made public knowledge by members
of the Commission, the Hearings Officer, or any individual whose
assistance is requested in the course of the hearing process.
- The term ``grounds for disqualification'' shall mean
that the Commission, Hearings Officer, or Hearings Committee may
use the act or acts so specified as reasons for disqualification,
but they shall have the discretion to decide whether to initiate
or continue disqualification proceedings. Specification of an
act as grounds for disqualification does not mean that disqualification
is automatic, even if a candidate, slate, or sponsor is found
to have committed such an act, nor shall any elections officer
be required to recommend disqualification in such a case.
- Formal Investigation
- Any member of the Association, including election
officers, may bring to the attention of the Hearings Officer a violation
of the Code or of a ruling of the Commission by a candidate,
slate, or sponsor.
- The Hearings Officer shall then gather
evidence concerning the possible violation. All
members of the Association shall avail themselves to the Hearings
Officer for any reasonable request for information.
- The Hearings Officer shall then determine if the evidence
is sufficient to merit consideration by the Hearings Committee.
If it is, then the Hearings Officer shall initiate a formal
investigation and notify the Hearings Committee of this action.
- Hearings
- The Hearings Officer shall make all reasonable attempts to notify
the appropriate candidate, slate, or sponsor of the initiation of a
formal investigation within twenty-four hours.
- The Chair of the Hearings Committee may convene the Hearings Committee
at any time forty-eight hours after the initiation of a formal
investigation (or earlier if either the Hearings Officer wishes to recommend
the abandonment of the investigation, or the party being investigated so
requests).
- At the hearing the appropriate candidate, slate, or
sponsor may be in attendance. Otherwise all hearings shall be
closed to the public, but an accurate transcript of all transactions
shall be kept by a secretary appointed for this purpose by the
Hearings Committee.
- At the hearing, the Hearings Officer shall present whatever
evidence concerning the charge he/she has been able to gather
to the Hearings Committee.
- At the hearing, the candidate, slate, or sponsor charged
may present whatever evidence desired to the Hearings Committee.
All members of the Association shall avail themselves to this
candidate, slate, or sponsor for any reasonable request for information.
- Members of the Hearings Committee shall have the right
to request any and all information they deem appropriate, including
additional testimony, and all parties shall receive such information
and have the right to challenge it.
- The burden of proof shall be borne by the Hearings
Officer.
- Until a recommendation of disqualification is made by the
Hearings Committee, the party being investigated
shall enjoy all other judicial rights
granted in the Constitution unless otherwise provided for in these
By-Laws.
- Recommendation of Penalties
- The Hearings Committee shall conduct at least one hearing, and as many
additional hearings concerning a formal investigation as it deems
desirable. At any time during this process the Hearings Committee may
meet in closed session, at which only the three members of the
Hearings Committee and the Hearings Officer shall be present. During
these closed meetings, and only at these times, the Hearings Committee
may terminate a formal investigation with the finding that either a
violation of the Code meriting disqualification or other penalty has
occurred or has not occurred, or probably has occurred but cannot be
punished for lack of evidence. The standard of evidence used shall be
that of the preponderance of evidence.
- If such a violation has occurred, then the Hearings
Committee may recommend the disqualification of or imposition
of other penalty against the candidate, slate, Special Fee request, General
Fee issue, or ballot measure in question. Other penalties which may be
recommended shall include reprimand, censure, fines of twenty-five or
fifty dollars, suspension from
office for one of more quarters, and displacement by a specified
number of places in the ranking of Senators. Suspension and
displacement may be imposed only against candidates for Senate
and the Student Conduct Legislative Council.
- The candidate, slate, or sponsor under formal investigation
shall be notified of all such recommendations within twenty-four hours.
- Approval of Penalties
- A candidate, slate, Special Fee request, General Fee issue, or ballot
measure shall be considered disqualified upon the ruling of
disqualification by the Hearings Committee. A candidate, slate,
sponsor, or student organization shall be considered reprimanded,
censured, or fined (fines are to be deducted from any special fees or
funds received through ASSU funding boards, or ASSU salaries, or any
other financial resources determined applicable), and a candidate
shall be considered suspended or displaced, upon the ruling of the
Hearings Committee. Such rulings may not be rescinded, except by a
two-thirds vote of the Senate prior to certification of the election.
Rulings regarding disqualification or other penalties shall only
originate in the Hearings Committee.
- The Senate may question any party or the members of
the Hearings Committee, but shall consider the factual findings
to be valid except in extraordinary circumstances.
- The transcripts of all hearings which were held pertaining
to the recommended disqualifications or other penalties shall
be made available to the Senate. The Senate may also require
that additional transcripts be made available to its members.
- The Senate may refer to the appropriate University
officer for possible University disciplinary action any candidate,
slate, or sponsor found guilty of campaign violations.
- The Senate may impose any additional sanctions that
it may deem reasonable against a student organization whose associated
sponsor was found guilty of campaign violations.
- Any candidate, slate, sponsor, or student organization fined for
campaign violations must submit a bond of the amount of the fine, to
be deposited with the Students' Organization Fund, within seven days
of the issuing of the fine by the Senate. Failure to do so may be
grounds for additional action by the Hearings Committee and Senate.
Next: Elections Handbook
Up: Campaign Regulations
Previous: Financial Disclosure