April 13, 2012 MCSC Leadership Re: MCSC Viewpoint Neutrality Appeal

Dear MCSC Leadership: I have completed my review of the record as it pertains to your viewpoint neutrality appeal and I enclose a copy of my written decision. Here is the summary of my decision and conclusions: 1. The Student Services Finance Committee did not engage in a viewpoint neutrality violation when it denied MCSC eligibility for GSSF funding. 2. The ASM bylaws contain an incorrect definition of viewpoint neutrality, purporting that any procedural violation is by definition a viewpoint neutrality violation. Under this rule, MCSCs eligibility should have been remanded to the ASM Student Council after Student Judiciary determined the waiver implementation violated due process. 3. As a result, I am remanding MCSCs eligibility determination to Student Council to decide within five school days of receipt of my written decision. The decision also directs ASM to restore language in its bylaws identifying the avenue of a viewpoint neutrality appeal to the chancellor and to revise the definition of viewpoint neutral fashion in its bylaws to reflect the appropriate legal definition. Your appeal letter also expressed general concern with the SSFC criteria and process, stating a belief that the process has systematically eliminated funding for student of color and social justice organizations. While no criteria are perfect, it is important to note that the criteria have recently been upheld by a federal district court as being viewpoint neutral. In addition, the GSSF is not the only avenue for student organizations to seek and obtain segregated fee funding or other type of financial support. Finally, I reiterate my request that MCSC continue a dialogue with Dean of Students Lori Berquam and Vice Provost for Climate and Diversity Damon Williams regarding other concerns noted in its appeal letter. Sincerely,

David Ward Interim Chancellor

cc: ASM Student Council SSFC Student Judiciary Lori Berquam Darrell Bazzell Damon Williams Nancy Lynch
The Office of the Chancellor University of Wisconsin-Madison 500 Lincoln Drive 608/262-9947

161 Bascom Hall

Madison, Wisconsin 53706-1380