Friday, April 4, 1997
RULING:
Ideological groups may be allotted mandatory student feesBy
Stefanie Wong
Daily Bruin Contributor
Student government may soon use mandatory student fees to
legally fund political and ideological groups as university
officials alter University of California policy on funds
disbursement.
The new ruling challenges the 1993 California Supreme Court
ruling Smith vs. UC Regents, which outlawed funding such
groups.
The U.S. Supreme Court re-examined the issue in 1995 with a
similar case, resulting in the precedent-reversing decision,
Rosenberger vs. the University of Virginia. Universities across the
country, especially the UC system, are scrambling to comply.
The guidelines set by the University California Office of the
President (UCOP) are to be applied to the UC system. They no longer
restrict student governments from funding political or ideological
groups.
"The way the UC Students’ Association (UCSA) interprets and our
attorney interprets (the Rosenberger case) is that student
government as well as student groups can use funding as it
pleases," said undergraduate government (USAC) External Vice
President Alberto Retana.
Since the Rosenburger ruling came down from the nation’s highest
court, it supersedes all previous university guidelines set by
Smith. Student governments may now use funding for most
purposes.
Students still have the option to apply for a refund of the fees
that they pay to the student government, a stipulation that remains
unchanged from the earlier rules.
However, UCOP’s new guidelines still deny student governments’
ability to lobby the state legislature.
"Lobbying activities of (official student government
organizations) may not be funded by compulsory student fees, but
may be funded by voluntary student fees," the new UC guidelines
state.
UCSA’s inability to lobby under the new ruling prompted the
creation of the UC Student Lobby, a branch of the UCSA funded
through a voluntary lobby fee.
This voluntary fee has currently only been implemented at UC San
Diego and UC Santa Barbara, but may take affect at the other
campuses by next fall, according to Retana.
"The University Office of the President said that we can’t lobby
but we feel that Rosenberger gives us the right to lobby so long as
there’s the refund mechanism," Retana said.
Both Retana and Du believe that student government should be
allowed to lobby the state legislature, especially since the
universities themselves have this right, using student funds.
"I believe that there’s blatant hypocrisy when the University of
California on the one hand uses student money to lobby the state
legislature for fee increases, and on the other hand, they deny
students the right to use their own money to lobby on educational
issues such as a decrease in fee hikes," Du added.
Because the lobby restriction only applies to student
governments, student organizations can use the money they receive
from the student government to independently lobby the state
legislature on educational issues.
"According to the interpretation of the university, student
government still cannot use student money for lobbying even if it’s
related to education. What it does allow is student groups to lobby
our legislature on education issues," Du said.
But, Retana sees the restrictions the UCOP is placing on the
student governments as an infringement on every students’ right to
free speech.
Despite these restrictions on lobbying and free speech, there is
a general understanding that Rosenburger will give student
government more latitude on how their funds are used.
"I think that Rosenburger restores some freedom of expression
which the university in the past several years has stripped from
the students," Du said.
USAC can now freely distribute money to the student
organizations to be used for education and political projects and
programs.
"It’s going to be better for student groups and student
government to be able to take positions on issues that they really
believe in," Retana said.
However, money will not be available to all student
organizations because of funding allocation guidelines already
established by USAC.
"I don’t think it’s going to open up (funding) to everyone
because Rosenburger still comes under the fact that student
government can still create budgetary guidelines that limit the
amount of groups eligible for funding," Retana said.
While UCOP guidelines have been set, UCLA guidelines are still
being negotiated between USAC and the university
administration.
"We hope to come up with fair guidelines which conform to the US
Supreme Court ruling and restore the First Amendment rights to
students," Du said.
"It’s a priority of the administration to work with student
government officials every step of the way in the process (of
developing guidelines)," said Mike Cohn, Student Affairs Officer
for the Center for Student Programming.
The UCLA guidelines will be implemented by the end of spring or
early next fall. USAC will also be revising their own guidelines
for fund distribution in accordance with the general UCLA
changes.
"I think what this will do is require USAC to revise our
guidelines to conform to Rosenburger, because since 1993 we have
been denied the ability to advocate political issues affecting
students’ education," Du said.