In a move sparked by discussion of an internal department, the Constitutional and Procedural Review Board, the judicial branch of AU's student government, ruled that the Student Confederation Constitution is no longer applicable to the current form of government and called for it to be corrected.
"The very purpose of the organization has been violated and must now be corrected immediately by the appropriate divisions of the SC," the ruling stated.
SC Comptroller Scott Rosen posed the question on the legality of the Women's Initiative and the AU Club Council to the CPRB. The CPRB found that part of the purpose of the SC set down in the constitution, that the SC shall "promote the common welfare of the students" by "sponsoring clubs and organizations," has not been met over the past three years.
In 2001, the General Assembly, AU's student legislature, voted to abolish the SC Club Council and form a separate council, now known as the AUCC. By creating this separate entity, the GA removed the SC's power over clubs and organizations, the ruling stated. Since a significant amount of time has passed since this change was made, the CPRB is calling for the constitution to be "brought into line" with the current government.
"Typically ... we would bring things into harmony with the constitution ... but we can't do that because of the nature of the AUCC," said Tome Nielsen, chairman of the CPRB. "It's been done for three years and it would just hurt too much to go back."
Nielsen met with SC President Nick Terzulli, GA Speaker Gordon Simonett and Student Activities Director Karen Gerlach in addition to other SC representatives on Monday to discuss the ruling, which is numbered 09.11 merely through sequence, Nielsen said. A plan was set down where the SC will work with the GA to pass an amendment to the constitution in order to adapt the purpose. Such an amendment would have to be passed by the GA, then approved by the student body by a referendum involving at least 10 percent of students, according to the constitution.
The SC is now working to pass such an amendment in addition to an amendment dealing with filling a vacancy in the office of vice president, Terzulli said. Both amendments are to be on the ballot for the upcoming SC elections, which will take place in the first week of March.
Further complications arose when Carlos Ramirez, speaker pro tempore of the GA, charged Nielsen with exaggerating the facts concerning the situation. Ramirez accused Nielsen of exaggerating facts concerning the deadline to make the changes as well as the results if the change did not occur. The accusations were brought up during the course of a GA meeting on Tuesday. Nielsen responded to Ramirez's charges but no clear result was achieved, Ramirez said.
"I was very upset that he exaggerated the way he did and I called him out on it, because I think what he did was unfair," Ramirez said. "He definitely drove a lot of people into a state of panic and he overstepped his authority."
Nielsen responded that Ramirez was confused by the discussion.
"[Ramirez] was bringing up larger issues that were discussed," Nielsen said. "I think [Ramirez] was confused ... that was one of those things that was outside the scope of the ruling. The ruling was very specific that it would be to fix the issues raised with AUCC and bring some elements into fruition and make them constitutional."
Nielsen plans to hold further meetings with Terzulli, Simonett and Gerlach to complete the matter, he said. Terzulli hopes to be involved with an eventual constitutional commission to further change the document, Terzulli said.
GA Off Campus Representative Jake Baerkircher is planning to take an active part in the amendment process. Baerkircher has already drafted the two amendments discussed for the GA.
"There's going to be further amendments, I imagine," said Baerkircher, a senior. "I do hope to have a part in that. I definitely intend to stay involved until I graduate"
