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NEWS
[ Tuesday, March 4, 2003 ]

Court decides against claim
The USG Supreme Court ruling said the USG Senate had to offer reinstatement to an expelled senator.

Collegian Staff Writer

The Undergraduate Student Government (USG) Supreme Court ruled last night that the USG Senate wrongfully expelled a town senator by failing to achieve a two-thirds vote in its secret ballot.

The court's decision, however, rejected Penn State Young Americans for Freedom's (YAF) claim in its suit that the Senate violated the USG constitution by discussing the expulsion in a closed session.

Monetary fines, which were suggested by YAF were not imposed on the Senate.

The ruling stated that the Senate must offer Town Sen. Maya McGeathey reinstatement immediately because a two-thirds vote of the body was not reached to expel her at its Jan. 14 meeting. Court documents reveal that the vote count was 14-8-1.

Last night's judgment came one week after a hearing on the case last Monday. At the hearing, YAF representatives said the Senate should face penalties including a fine.

The Senate generates money through fundraising, which is sometimes allocated to student organizations.

"The student body would be tremendously harmed by any deduction of senate funds," senate parliamentarian Matt Midles said at the hearing.

But YAF counsel Jason Covener said his organization would seek the "harshest and most severe remedy" for the Senate's alleged violations.

In the parties' opening statements, YAF Chair Sean Clark said closing meetings make public oversight of USG virtually impossible.

He also said that closing the meeting could have covered up other reasons why McGeathey was expelled.

Clark, last year's senate president, added that the Senate expelled McGeathey in a manner more fitting of a "secret society" than an elected body.

"The fact is, if they are not held accountable, they will do it again," said Covener, a former USG member.

Midles said at the hearing that it was ridiculous to imply the Senate was intentionally hiding anything.

He added that there was no need to drag McGeathey's name "through the mud."

The court also ruled last night that the Senate violated their bylaws and the USG constitution by not taking minutes during the closed session. The court document warned that the Senate must take minutes of closed sessions in the future.

The judgment stated that the closed session was valid because the Senate claimed McGeathey's expulsion was a "legal matter," which is allowed by the USG constitution. But the court redefined "legal matters" in its decision to prevent closed meetings for similar reasons in the future.

These latest developments follow senate violations of several court orders after YAF filed its suit. At one point, the court had threatened to suspend the Senate until the next Congress is elected in April. Those violations have been mended.

The court's 5-0-1 decision was penned by USG Supreme Court chief justice Taylor Rhodes and associate justice Ryan Hollenbach.

 



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