Boyer Complaint THE STUDENT COURT OF THE GEORGE WASHINGTON UNIVERSITY COMPLAINT FORM Kyle J. Boyer, Candidate for President of the Student Association, Plaintiff v. Joint Elections Committee, Defendant FILED ON THIS FOURTEENTH DAY OF MARCH, 2009 I. JURISDICTION: The Plaintiff brings this action against the defendants in the Student Court of the George Washington University: pursuant to Article III, §4(B) of the Student Association Constitution, to appeal a decision of the Joint Elections Committee pertaining to Student Association elections administered by the Joint Elections Committee, and Plaintiff certifies it has served the notice of appeal to the Joint Elections Committee. II. STANDING: The Plaintiff hereby certifies that he has standing to bring this claim before the Student Court: pursuant to Article III, §6(B)(1), appealing a decision of the Joint Elections Committee which eliminated the Plaintiff from a Student Association election. III. REQUEST FOR EXPEDITED REVEW: I believe that this case should be granted expedited review, and have attached a separate written explanation stating why expedited review is necessary. I agree to abide by the decision of the Court in granting or denying expedited review. IV. REPRESENTATION: Pursuant to the Student Court Bylaws Article I, §B, the Plaintiff in this action recognizes that all parties have the right to have an advisor present at any Student Court hearings and/or trials, but the advisor may not address the Student Court without the Court’s permission. The Plaintiff herby notifies the Student Court: that the undersigned Plaintiff will represent himself or herself before the court. V. FORM OF PROCEEDINGS: The undersigned Plaintiff herby certifies its understanding that all proceedings of the Student Court are open to the public pursuant to the Student Court Bylaws Article II. With this knowledge, the Plaintiff: hereby agrees to conduct all affairs in accordance with the open-hearing policy of the above referenced bylaw. VI. STATEMENT OF THE FACTS:
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Boyer Complaint PARTIES TO THE CLAIM 1. The Plaintiff, Kyle J. Boyer, is a candidate for President of the Student Association. His phone number is 610-574-9721. His email address is boyerk@gwmail.gwuu.edu. 2. The defendant is the Joint Elections Committee, chaired by Patrick Rizk. His cell phone number is 908-723-5245. His email address is pgr09@gwmail.gwu.edu. The Vice-Chairman of the Joint Elections Committee is Jacob Chervinsky. His cell phone number is 617-549-6981. His email address is jcherv@gwmail.gwu.edu. The Joint Elections Committee maintains an office in Marvin Center XX. The general email address is gwelection@gwu.edu. NATURE OF THE CLAIM 3. The Plaintiff seeks relief from the arbitrary and capricious decision of the Joint Elections Committee in its determination of the Findings of Fact issued on March 12, 2009, against the Plaintiff, which led to the issuance of a disqualification order against the Plaintiff, eliminating him from the race for President of the Student Association. RELEVANT INFORMATION AND AUTHORITY 4. Article IX, §1(A) of the Student Association Constitution guarantees all members of the Student Association at minimum, “Due process in the construction and implementation of the provision of this Constitution and they Bylaws created pursuant to the powers contained herein.” 5. Section 704(a) of the Joint Elections Committee Charter Act of 2009 defines “election” as “any general, runoff, recall, or referenda election.” 6. Section 704(v) of the Joint Elections Committee Charter Act of 2009 defines “campaign material” as “any concrete or virtual object made with the intention of advancing a candidate or the campaign of a candidate for office.” 7. Section 717(g) of the Joint Elections Committee Charter Act of 2009 empowers the Joint Elections Committee “to encourage voluntary compliance.” 8. Section 721(a) of the Joint Elections Committee Charter Act of2009 grants the committee authority to “make, amend, and repeal all campaign rules and such rules as are necessary to carry out the provisions of this Charter.” 9. Section 721(b) of the Joint Elections Committee Charter Act of 2009 concerning notification of rule-making, states that “At the time a rule is placed on the agenda for consideration, the Committee shall post the proposed rule.” 10. Section 7112 of the Joint Elections Committee Charter Act of 2009 concerning ineligibility reads that “No individual who has been disqualified shall be certified as the winner of any election as a write-in candidate or otherwise.” 11. Section 7120(a) of the Joint Elections Committee Charter Act of 2009 concerning disqualifications instructs the Committee to “report the disqualification of any candidate to whom the Committee shall be required to issue a disqualification order.”
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Boyer Complaint 12. Section 7120(b) of the Joint Elections Committee Charter Act of 2009 concerning penalties reads “Any candidate who shall accumulate six penalties during a given election period shall receive a disqualification order.” 13. Section 7132 of the Joint Elections Committee Charter Act of 2009 concerning timelimited processes empowers the Student Court to “issue an order reopening any process in which the Committee or any student is required by law or rule to take any action or make any decision before, after, or between any dates and times, stating new deadlines for compliance.” 14. Section 2(a) of the 2009 Additional Campaign Rules defines “campaign material” as “any material intended for public distribution or display with the intention of advancing or inhibiting a candidacy or tending toward that particular end.” 15. Section 2(b) of the 2009 Addition Campaign Rules defines an “authorized agent” as “any individual acting on behalf of or otherwise representing a candidate.” 16. Section 12(a) of the 2009 Addition Campaign Rules directs that “No candidate shall make aggregate expenditures on behalf of their candidacy in excess of” $1000. 17. Section 14(a) of the 2009 Addition Campaign Rules requires that all candidates report “all expenditures on behalf of their candidacy to the Committee with proof of the fair market value of all expenditures…by 5:00PM on the Friday immediately following an election.” 18. Section 15 of the 2009 Addition Campaign Rules directs all candidates to provide receipts with their financial reports for “all goods or services purchased.” 19. Section 18(e) of the 2009 Addition Campaign Rules directs that any candidate who fails to report an expenditure “excluding those for which reporting is not required” should be assessed “a maximum of one penalty and the fair market value of that purchase shall be added to the total spent by that candidate.”
RELEVANT PROCEEDINGS 23. On February 25, 2009, Mr. David Fowler parked his privately owned vehicle on H St. between 21st and 22nd St. 24. On February 25, 2009, Mr. Fowler’s car received a parking ticket for failing to pay meter fees. 25. Mr. Fowler’s car displayed campaign material for Plaintiff in the form of posters. 26. On February 27, 2009, Plaintiff filed a “Solo Expenditure Report” in compliance with Additional Rule 14. 27. On February 28, 2009, Plaintiff requested that the JEC permit him to file an amended “Solo Expenditure Report” to fully report the costs of Facebook ads. This request preceded any violations filed against Plaintiff. 28. Plaintiff made the request in good faith solely based on his desire to ensure a complete “Solo Expenditure Report.” 29. On March 2, 2009, Mr. Ballinger filed several complaints with the JEC against Plaintiff. 30. These complaints alleged, among other things, that Plaintiff failed to report “expenditures” related to a private car owned by a friend of Plaintiff and a parking ticket that car received on the day of the general election.
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Boyer Complaint 31. On March 9, 2009, the JEC found probable cause for the complaints. 32. On March 12, 2009, the JEC found Plaintiff in violation of one count of section 18(e) and three counts of section 12(a) and assessed 4 penalties accordingly, bringing Plaintiff’s total count of penalties to seven (7). 33. On March 12, 2009, after assessing 4 penalties to Plaintiff, the JEC issued a disqualification order against Plaintiff under Section 7120(b) of the 2009 JEC Charter. 34. On March 12, 2009, the JEC stated in a document titled “Findings of Fact and Order” that Plaintiff should have listed Mr. Fowler’s car as a campaign expenditure 35. On March 12, 2009, the JEC stated in “Findings of Fact and Order” that Plaintiff should have reported a fair market value (FMV) of $206.00 for Mr. Fowler’s car. INJURY 36. In determination of Findings of Fact S09-056 and S09-057 the JEC applied an arbitrary and capricious fair market value to Mr. Fowler’s car, resulting in the accumulation of an excess of penalties, and the subsequent issuance of the Disqualification Order to Plaintiff. 37. Plaintiff has been wrongfully denied his place on the ballot for President of the Student Association by the Disqualification Order issued by the JEC March 12, 2009. 38. The student body of the George Washington University has been disenfranchised by the removal of Plaintiff from the runoff ballot for President of the Student Association. END OF THE STATEMENT OF FACTS VII. RELIEF: PRAYER FOR RELIEF Wherefore, Plaintiff prays for relief as follows, A. An order vacating the Findings of Fact S09-056, and S09-057 and nullifying all penalties therein. B. An order vacating the Disqualification Order issues to Plaintiff on March 12, 2009. C. An order directing the JEC to place Plaintiff’s name on the run-off ballot. D. That the Court grant any additional relief it feels will serve the interests of justice. Appendix A: Explanation of Request for Expedited Review Wherefore, Plaintiff requests expedited relief for the following reasons, A. Findings of Fact and the Disqualification Order issues on March 12, 2009 involve the placement of Plaintiff’s name on the runoff ballot for Student Association President. B. The runoff election constitutionally must occur within 10 class days of the general election, which mandates its occurrence during the week of March 23, 2009.
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Boyer Complaint
VIII. REQUIREMENT OF TRUTH By signing this complaint, the petitioner swears that all allegations made herein, within the STATEMENT OF FACTS, and within the statement of requested relief are true and understands that any misrepresentations with respect to the facts is grounds for dismissal of this action by the Student Court and/or disciplinary action under §11(F) of the Code of Student Conduct. Signature: Kyle J. Boyer _____________________________________________________ Date: March 16, 2009 _____________________________________________________ Address: 2350 H St. NW, Room 408, Washington, DC 20052 _____________________________________________________
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