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November 20, 2008 Meeting Attachment

R.16 Resolution to Simplify Structure of SAFC Appeals

Originally Presented On:Thursday, November 20, 2008
Sponsors:Rebecca Smith
Subject of Resolution:Resolution to Simplify Structure of SAFC Appeals
Status/Result:-

Whereas the Student Assembly Finance Commission (the commission) is chartered by and reports to the Student Assembly (the assembly);

Whereas the commission’s Funding Guidelines (the guidelines) are subject to the approval by the assembly;

Whereas the guidelines, in Chapter 6, Section 2, stipulate that organizations may appeal decisions of the commission when the commission makes a mistake or when new information becomes available;

Whereas the guidelines, in Chapter 3, Section 4, stipulate that organizations may periodically submit requests for Special Project Funding “to accommodate unforeseeable changes in circumstances that require an organization to request additional funds”;

Be it therefore resolved that, it is the sense of the body that:

- Appeals on the basis of “new information” are better described as appeals on the basis of circumstances that have changed since the organization submitted its original application,
- Appeals on the basis of “new information” do not differ substantively from Special Project Requests except that priority in funding is given to the former over the latter,
- New opportunities and changed circumstances which occur later in the semester should not be disadvantaged compared to those which occur during the “new information” appeal period,
- Organizations should be able to appeal mistakes made by the commission, including mistakes made with respect to special project and other requests, and throughout the semester and not only right after regular allocations are released,
- The sole purpose of the appeals process should be to correct errors in the actions or the bases on which the commission took action;

Be it further resolved that, Article 6, Section 2 of the guidelines be amended as follows with insertions indicated in bold and deletions indicated in strikethrough:

Applicants may submit an appeal of a decision on the grounds that an error was made on behalf of the commission; or that new information is available that could not have been obtained prior to budget submission.the commission erred either in its application of rules or in its findings of fact. The appeal must:
1. be submitted in the same academic semester as the disputed action;
2. cite the specific actions it alleges to be in error or new informationand errors it wishes to dispute;
1. include appropriate documentation to support any contention of an error of fact or interpretation made by the commission;
2. proof that information could not be available before budget submission deadlines, if applicable.
3. propose a remedy that:
1. the applicant finds agreeable, and
2. the commission can provide.
In deciding the appeal, the commission first rules on any disputes of factual circumstances. After the facts of the decision are resolved, the commission will examine the question of whether it is arbitrary and capricious with respect to the commission’s policies.

Be it further resolved that, the Bylaws 6 and 7 of the commission be amended as follows with insertions indicated in bold and deletions in strikethrough:

6. Appeals: The SAFC will set aside an amount to be determined each semester for organizations to appeal their allocations. on the following grounds: new information and or discrimination. The deadline for Appeals will be determined each semester but is generally within a week of the allocations being made available. After the SAFC has made its decisions about all submitted appeals, organizations shall have the opportunity to appeal directly to the SA. The SA VP of Finance should be contacted for such appeals to the SA. Prior to appeal to the SA, organizations must meet with the SAFC Chair or Executive Vice Chair.
7. Special Requests: The SAFC shall establish a Special Request fund to be used for unanticipated expenses of previously funded organizations that have already gone through the current semester’s budget process. The SAFC may set aside a portion of its funds prior to regular allocations for exclusive use in this fund. Funds left over after Appeals will also be used for the Special Requests funds. If no funds are available then there will not be any Special Requests accepted that semester.

Be it finally resolved that, the amended guidelines will be put into effect starting in the Spring 2009 semester.

Respectfully submitted,

Rebecca Smith ‘11
At-Large Representative

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