Board of Administration - Friday, March 13th, 2009

The inauspicious day of reckoning cometh. A motion has been proposed, read it for yourself:

Whereas there is a case contesting the 2009 elections between Garner, Hasinoff, and Chaput v. Wolfe, Dubois, Séguin and Guillaume, hereafter referred to as “the case”.

Whereas irregularies in the process of the case before the Student Arbitration Committee have put the credibility of the committee into question.

Whereas the decision rendered by the Student Arbitration Committee could potentially violate the constitution of the Federation.

Whereas the implications involved in allowing this case to continue in the present context could cause legal ramifications for the Federation.

Whereas the Board of Administration has the following powers, as outlined in the constitution and state the following:

The Board of Administration administers the affairs of the Federation in every respect and has full powers to manage the affairs of the federation, conclude or cause to be concluded, in its name, any contract that it may legally conclude and, subject to the bylaws, exercise in general all powers and take measures allowed by the letters patent and applicable laws.

Whereas the ultimate decision making body of the Federation is the Board of Administration.

Whereas the hearings into the case have shown to pose a possible threat to a members’ right to a positive space.

Whereas the hearings must be heard in a way that is fair and just.

Whereas it was suggested by the Federation’s solicitor to the Student Arbitration Committee to request direction from the Board of Administration, before concluding its latest decision.

Whereas it is a Federation member’s right to contest the elections.

Whereas the advice of the Federation’s solicitor, Vice Hunter Labrosse LLP, as per: Marc R. Labrosse was sought on this matter, and that his recommendations were as follows:

…that if the BOA first determines that it is in the best interests of the SFUO to restore some calm to the situation and intervene, the following three options which we discussed with you would be reasonable:

1. To appoint three (3) new members to the SAC and allow the participants to exercise their rights under section 8.6.1.4;
2. To allow the parties to exercise similar rights as under 8.6.1.4 and select from amongst the members of the BOA who would be prepared to sit at ad hoc arbitrators despite 8.3.1.1;
3. Appoint an independent arbitrator (with formal legal training) to hear the appeal.

Be it resolved that the Board of Administration of the Federation reorder a new hearing into the contest of Garner, Hasinoff, and Chaput v. Wolfe, Dubois, Séguin and Guillaume, presently before the Student Arbitration Committee.

Be it further resolved that the Board of Administration of the Federation relieve the Student Arbitration Committee from the current case and set in place a panel of three directors of the Board of Administration of the Federation to hear the case.

Be it further resolved that Garner, Hasinoff, Chaput select one of three directors on the panel; that Wolfe, Dubois, Séguin, Guillaume select one of the three directors on the panel, and by doing so the parties agree to the decision of the panel; and that the two directors on the panel selected by each party shall decide upon the third director on the panel, whom shall chair the panel.

Be it further resolved that the Board of Administration of the Federation shall choose the final director on the panel, should the directors selected to be on the panel be unable to come to a decision on the third director on the panel.

Be it further resolved that a director on the panel must not be in her own cause, a witness or a representative of the implicated parties.

Be it further resolved that the panel will follow the minimum guidelines to abide by in relation to sections 8.4.2.2 and 8.4.3 of the constitution of the Federation.

Be it further resolved that the full procedure and any rulings in regards to procedure will be agreed upon by a two-thirds vote of the directors on the panel.

Be it further resolved that minutes of all meetings and panel hearings of the meetings shall be voice recorded and released to the public.

Be it further resolved that the panel hearings ensure a positive space, that they are video recorded for public distribution, that they are closed to the general public, and that they are open to the following:
(a) All directors of the Federation, including the executive of the Federation
(b) The chairperson of the board of administration of the Federation
(c) All parties involved in the contest of the elections
(d) Counsel of all parties involved, pursuant to 8.7.1 of the constitution of the Federation
(e) Any witnesses called to the hearing by the parties involved in the contest of the elections
(f) One staff member from “The Fulcrum”
(g) One staff member from “La Rotonde”

Be it further resolved that the decision will be rendered by a two-thirds vote of the directors on the panel.

Be it further resolved that the decision will be rendered as soon as possible.

Be it further resolved that the decision may be appealed within two business days of the decision being rendered by the panel to the board of administration by one of the parties by submitting a request in writing to the chairperson of the Board of Administration of the Federation. The Board of Administration of the Federation may only overturn the decision of the panel by a vote of two-thirds of the directors present. The decision on the appeal is final.

Motion presented by:
Dean Haldenby, President of the Student Federation of the University of Ottawa
president@sfuo.ca / 613.808.1393 / 613.562.5800 x4061
March 11, 2009 at 3:00am