My Email To SGA Treasurer About First Amendment Concerns


Source: kelly bell photography via Flickr

On April 12, I wrote about how The Student Government Appropriations Committee's (SGAC's) denial of the Society for Human Resource Management's (SHRM's) UT Tyler chapter's funding request demonstrates how students' First Amendment rights need more protection.

Here's a copy of the email I sent to Student Government Association (SGA) Treasurer Jacob Mcleod on April 13 about what I believe are infringements of three student organizations' First Amendment protections by SGAC when it denied groups' funding requests based on their activities' perceived benefit to the student body. I'll keep the blog updated with this story!

If you believe in free expression without punishment, please email Treasurer Mcleod and ask him to make the three reforms to SGAC Guidelines I mention at the bottom of my email. His email is JMcLeod at uttyler dot edu or call his office at 903.565.5648. 

--
Dear Treasurer Mcleod:

I write to request your help to put an end to a disturbing trend in the Student Government Appropriations Committee (SGAC). 

In 2002, The U.S. Court of Appeals ruled in Southworth v. Board of Regents of the University of Wisconsin System that if a University compels students to pay mandatory fees it must distribute those fees in a viewpoint-neutral manner. In other words, SGAC may only take into account whether the student group, when filing for a grant, has followed appropriate procedure. It may NOT consider the group’s message or content when the committee evaluates the group’s application for funds. (See The Foundation for Individual Rights in Education’s guide to legal equality for student fees for an at length discussion of these standards.)

I believe SGAC discriminated against the Society for Human Resource Management (Nov. 2), the American Society of Civil Engineers (Feb. 22) and the Pre-Pharmacy Association (March 22) when it refused to grant funds on the determination that groups’ activities did not benefit a sufficient number of students.

This is an arbitrary determination by SGAC since its Guidelines do not mention impact on a the number of students as a requirement to receive approval for funds. (Moreover, it would be inappropriate for SGAC to have such a requirement since it is only the application process and a group’s adherence to equally-applied standards that are under the committee’s review, not content.)

In Supreme Court case law, this is called “unbridled discretion,” the unconstitutional practice of governing people by vague rules. I believe SGAC’s actions in these instances infringe upon students’ legal protections under the First Amendment. It also places the University’s at risk of challenge and defeat in federal court, should infringed students bring a lawsuit. This practice could result in further harm to students and financial losses to the University.

Therefore, to avoid these outcomes, I implore [I left out YOU! Ah!] to make the following changes to SGAC Guidelines in order to guard against future infringements: 

  1. Please add language in SGAC Guidelines that explicitly states no student organization shall be denied funds by SGAC due to the organization's ideological, political, or religious viewpoint, nor due to the content of an organization’s requested activity, nor due to any other preference of committee members.
  2. Please amend SGAC Guidelines to refer appeals to an impartial university administrator rather than the student government Judicial Board. A paid administrator is more likely to understand the legal issues at stake in an appeal than the students on the Judicial Board who enjoy a shorter tenure. Moreover, the possible consequences to the University warrant an administrator’s oversight.
  3. Please add language in SGAC Guidelines that state an SGAC official (preferably the Treasurer) must give a denied applicant written notice of: 1) the reasons for SGAC denial, 2) applicant’s right of appeal, 3) what qualifications applicant must meet to receive funding, and these in objective and nonidealogical standards. 

(Please see FIRE’s guide above for at length discussion of the reasoning behind these requested changes.)

These reforms can help ensure SGAC does not infringe upon students’ constitutionally protected speech and can decrease the likelihood that the University will face financial damages due to legal defeat in federal court.

Thank you for considering this matter and for your care to service students. I am happy to discuss this further if I can be of help.

Sincerely,

James Hescock
903.***.****

Cc: Ona Tolliver, Interim Vice President for Student Affairs
Cc: Joshua Neaves, Assistant Director of Student Life and Leadership
Cc: Marina Astakhova, Advisor for SHRM at UT Tyler
Cc: American Society of Civil Engineers at UT Tyler
Cc: Belinda Coronado, President of Pre-Pharmacy Association at UT Tyler
Cc: Preston Templeman, Student Government President

Attachments:
FY16 SGAC minutes for Nov. 2, Feb. 22, and March 22.
SGAC Fall 2017 Guidelines

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