Academic Catalog

Chapter VI: Appeals

CHAPTER VI APPEALS

SUBCHAPTER A: GENERAL PROVISIONS

6.01 Candidates may appeal the decision of the Election Supervisory Board upon the receipt of new evidence, bias, or lack of due process. Appeals will be heard by the GSA Election Oversight Board.

6.02 The GSA Election Oversight Board shall consist of three (3) persons, including one Chair.

6.03 Members of the GSA Election Oversight Board shall meet the following qualifications: Each member must be (a) nominated independently and separately by the GSA President and confirmed by the Assembly by majority vote. (b) Each member must be from a different department. (c) Each member must be in good academic and disciplinary standing. (d) Each member must not be affiliated with any candidate or campaign running for President or Vice President.

6.04 The GSA Election Oversight Board Chair is responsible for writing all opinions, informing appellate parties, the Election Supervisory Board, and all other necessary parties as to decisions of the GSA Election Oversight Board.

6.05 Members of the GSA Election Oversight Board can be replaced upon the recommendation of the GSA President and a two-thirds (2/3rd) vote of the GSA Assembly.

6.06 The GSA Election Oversight Board must convene no sooner than twenty-four (24) hours after a candidate files an appeal.

6.07 The GSA Election Oversight Board must render a final decision on an appeal no later than forty-eight (48) hours after an appeal hearing is held, unless the appeals hearing is conducted within twenty-four (24) hours of the start of a General, Special, or Runoff Election. Should an appeals hearing occur within twenty-four (24) hours of the start time of a General, Special, or Runoff Election, the GSA Election Oversight Board must render its final decision on an appeal within twenty-four (24) hours of hearing the appeal.

6.08 The GSA Election Oversight Board, having conducted a hearing with due diligence and process, may find that no violation has occurred; or affirm the decision of the Election Supervisory Board; or, reduce or increase, or completely remove any sanctions that the Election Supervisory Board has placed on a candidate or campaign.

6.09 Should the GSA Election Oversight Board either disqualify, or sustain a disqualification, of a candidate from office, the disqualified candidate shall not appeal to any other body.

SUBCHAPTER B: CONTESTING ELECTION RESULTS

6.10 After the Election Supervisory Board certifies election results, candidates have seventy-two (72) hours to contest the election results for genuine, non-frivolous cause.

6.11 A contest of election results must be made to the GSA Election Oversight Board, who shall convene within twenty-four (24) hours to review the case.

6.12 Should the GSA Election Oversight Board review the contested election results and determine that there is a strong case for overturning the election results, the GSA Election Oversight Board must notify the current GSA Executive Board that the complaint has merit. These cases include, but are not limited to: (a) Candidates and/or campaigns deliberately violating institutional rules(b) Candidates and/or campaigns committing fraud(c) Candidates and/or campaigns violating local, state, or federal law.

6.13 If the complaint has merit, the GSA Executive Board shall notify all candidates that the results shall be decided by the GSA Assembly at the next general assembly meeting following the appeal.

6.14 The next general assembly meeting will begin with a call-to-order and quorum call, followed immediately by the contestation hearing. The complainant will have ten (10) minutes to state the nature of the claim, and the respondent will have ten (10) minutes to respond to the complaint. The assembly will then have ten (10) minutes to question the parties, followed by a standard period of debate. At the conclusion of the debate period, the assembly will vote to determine the validity of a complaint. In order for the complaint to be sustained, a two-thirds (2/3) majority vote is required. Should the complaint be sustained, the election results shall be de-certified and the Assembly shall certify new results.

6.15 For purposes of the contestation hearing, the acting Vice President shall preside, unless the acting Vice President is a party to the hearing, in which case the Chair of the GSA Election Oversight Board shall preside.