11 charges were filed against the Student Association (SA) after Art Forum failed to be re-constituted. A validity hearing was held to assess which, if any, charges would stick. Two charges, discussing budget issues inappropriately and violation of open meeting law, were found valid and would constitute a legality hearing.
The violations of open meeting law occurred on Oct. 24 and 31, the result of the Rules Committee going into executive session to assumedly discuss the reconstitution of Art Forum.
Executive session is closed to the public and written documentation of what is said there is not taken, making it evermore curious that not only once, but twice, Rules preempted any open public discussion regarding Art Forum before secluding themselves to go over matters behind closed doors. This action was in violation of Article 78, which junior class representative David Proctor explained in his written argument:
"Part 3 of section 7803 states ‘whether a determination was made in violation of lawful procedure…' Clearly Rules violated open meeting laws on two occasions by moving into executive session without rationale permitted by section 105 of the open meeting law."
Members of SA aren't the only ones who had something to say about the recent turn of events regarding the Art Forum case.
"SA is extremely disorganized. . . Myself and several members of Art Forum. . . believe SA is just making things up as they go. They had no reason to not re-constitute us in the first place; we do everything that our doctrine states and we have never gone over our budget," said Theresa Covatto, President of Art Forum.
The room was dry and stagnant during the Nov. 29 session of court, reflective of the general mood of the meeting. "If it wasn't for the Rules Committee, there is no doubt in my mind that Art Forum would still be a group today," said Proctor during the legality hearing of Proctor v. The Student Association of SUNY Fredonia.
Student Representative and Acting Chair of the Rules Committee Alex Ives took full responsibility for these violations at last Tuesday's hearing. "I do not think the rest of SA should be impugned for my decisions," said Ives regarding the charges brought against them after the arguably clandestine nature of the executive sessions. The "rationale for it (executive sessions) was biased and unfair," Proctor remarked.
After much debate back and forth between Representatives Proctor, Ives and current SA Vice President/President-Elect JordanNicholson, who is forced to defend the Student Association when charges are filed, the court sequestered themselves in executive session to deliberate these claims. After returning, they ruled to re-constitute Art Forum for one more semester under the condition that they are once again at the mercy of the General Assembly next semester.
This may seem like a victory for Art Forum, but in effect it seems to be more of an uneasy cease-fire with Art Forum dug into one trench and SA fortified in an equally stubborn one. Art Forum, as well as class reps have made it evident that they are tired of the discussion. While discussion has ended temporarily Art Forum will have to go up for re-constition next semester and it is uncertain what decision will be reached in the end.
Even more puzzling is the quandary this puts SA in. They do not actually have policy or precedent to move forward after realizing there is no definitive answer as to who has the right to de-recognize a group, and even more fundamentally, giving a concrete definition to just what SA recognition entails. On top of these glaring loopholes in SA policy, debate has also arisen as to which branch even has jurisdiction over the decision to/where to allocate funding. In short, SA has been eating a sandwich for years and just found out it's covered in Swiss cheese. Now only time and careful deliberation can decide Art Forum's fate. The student body can expect a decision sometime early next semester, as they have been placed on the agenda for the Rules Committee's first meeting next semester.

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