Monday, January 27, 1997
GOVERNMENT:
Misguided understanding of conflict of interest detracts from
real issuesBy Max Espinoza
What does true leadership mean? Does it mean giving lip service
to student issues and progressive ideals and then doing nothing
about them? Does it mean backing down on fundamental beliefs when
the political climate sways to the right? Or does it mean taking a
stand and believing in something because it is just and not
necessarily because it may be popular with everybody? Students
First! has tried to demonstrate leadership that takes stands as
well as takes action on a vision of empowering students to take
control of their education. In this viewpoint, I hope to clear up
any misconceptions and misinformation students may have gotten
after reading J. Jioni Palmer’s misinformed and factually incorrect
viewpoint (Nov. 22), as well as to express a perspective on what a
student government truly concerned about serving the interests of
students is trying to do.
First and foremost, it’s important to point out that the issue
regarding the conflict of interest of Student Judicial Board
Justice Jihad Saleh is not necessarily connected to the Ellis vs.
Undergraduate Students Association Council case, although the media
and others would have you believe that it is. The conflict of
interest issue would have come up whether there was or was not a
case against USAC.
"What is this conflict of interest thing anyway?" you may
ask.
One of the great misunderstandings of this issue is that USAC
has a problem with Saleh’s affiliation with the African Student
Union (ASU). This is not quite right. In simplistic terms, the
problem is that he holds an elected position within the African
Student Union while he is also serving as a J-Board justice. "So
what?" you might think. But, one look beyond the politics and you
realize the problem.
First, there is a big difference in being a member of a student
government organization and being an officer of a student
government organization. Palmer tries to confuse everyone by having
you believe that the problem lies in Saleh’s membership status.
Wrong! That is of the least importance. Saleh’s officer status is
the relevant issue. When you are an officer of an organization you
are entrusted with representing your organization’s interests and
defending your organization’s decisions and actions. Consequently,
to be a J-Board justice and also an officer of a student government
organization puts a person in a position to decide on cases that
may involve their group. This is considered a conflict of interest
situation any way you cut it. You don’t need to know that person’s
opinion on anything to figure that out. So, it’s not Saleh’s views
that have been called into question, but rather it is his ability
to avoid those situations that may involve his group, not to
mention his ability to fairly decide a case.
To further illustrate this problem, imagine a case coming before
a U.S. District Court judge that involved a company in which he is
one of the controlling share holders. Would legal and moral
observers view this judge as an impartial juror? Obviously not! But
the idea that the judge might hear the case, knowing that there
existed a legal conflict of interest, would tarnish our judicial
system and threaten our faith in the law. In Saleh’s case, the
conflict is clear. This is true whether he were to vote in favor of
his organization or against his organization. You don’t have to be
a genius to figure this out.
While Palmer paints this as one man’s campaign to eliminate the
Saleh factor, he neglected to tell you that USAC unanimously felt
that a potential conflict of interest did exist and may exist in
the future with respect to Saleh. Even the "opposition party"
agreed Saleh should step down. In a letter to Chief Justice Eric
Mah, USAC President John Du asserted that "USAC firmly believes
that Justice Saleh, an elected officer of a student government
organization poses a conflict of interest for the Judicial Board,
and that this conflict of interest threatens the integrity of the
Judicial Board."
Contrary to Palmer’s assertion, no one presently on the J-Board
is or has ever been a member or officer of MEChA. I would know this
of course, because as Palmer points out, I was the past chair of
MEChA. Palmer should get his facts straight before he shamelessly
tries to drag others into this mess. Now, if someone on the J-Board
was also an officer of MEChA or of any other student group, I would
have also raised the issue. And if I did not, someone else would
have. It would be the most responsible thing to do. The fact of the
matter, though, is that no one else shares the type of conflict of
interest that Saleh has.
The fact that I was past chair of MEChA has been a great benefit
to my experience as academic affairs commissioner. Because I was a
member and officer of one of the student advocacy groups, I
understand the inherent problems that lie within USAC. And trust
me, there are many. These things must be fixed and cleaned up and
some of us in student government have been trying to do just that.
Palmer and company continue to try to hamper our efforts to do this
by diverging attention from the real issues.
USAC, the J-Board, the constitution and the bylaws are all
flawed in one way or another, but members of Students First! have
risen above these institutional problems and used USAC as a tool
for changing and affecting students’ everyday life in a more
positive way. That is why USAC fought to maintain affirmative
action, that is why the external vice-president’s office is
fighting to keep our fees down and raise financial aid, that is why
the general representative’s office is working on child care
services for student parents, and that is why the Academic Affairs
Commission is fighting for reforms in the curriculum and for
services that will help students graduate.
Would progressives and students in general really be better off
with a different group of people in USAC? Past USAC administrations
have been filled with resume builders who gave lip service to true
students’ concerns. As a past student advocacy group officer, I
remember the humiliation of having to beg for crumbs from past
Greek councils. I remember the way we would be patronized by our
so-called leaders when we would be forced to legitimize our
cultural, educational and community programs in order to get
funding. Other group leaders can relate.
Palmer must have forgotten what this was like. When we needed
real leadership on issues like curricular reform and student
retention, there was none coming from USAC. We ran for office in
opposition to the old type of leadership, and we have tirelessly
worked to bring student government back to the students. While some
(sore conservatives and so-called leftists) may believe we have
failed, I am confident that the majority of students know the
truth.
So when push comes to shove, don’t be fooled by Palmer and
company’s simplification of the issues. I, as well as other USAC
members, are always available for questions or comments from any
student. Let’s move on to other issues, like raising financial aid,
reforming the general education curriculum, providing services to
students and instituting an ethnic and gender studies requirement.
Stop wasting our time, Palmer and company, and help us fight the
attacks on access to education. The student body, and the greater
movement for social justice, needs your pro-active help, not your
misguided attacks.