ASUO ELECTIONS GRIEVANCE AND COMPLAINT FORM

Name: _Andrew Lubash__ Home Phone: __N/A___ Email Address: _________ Are you currently enrolled as a student at the University of Oregon?_ _Yes___ Student ID#:___ Cell Phone:__

FACTUAL CHRONOLOGY OF YOUR GRIEVANCE/COMPLAINT

Describe the situation and present the facts in the order in which they occurred. Include names, titles, and describe any affiliation to the 2014 ASUO Elections. Please attach evidence to substantiate your claims. On Thursday, March 13th, UO student Emma Silvers-Harnly made aware to me that one of the candidates running for an ASUO Senate Seat during the upcoming election, Juan Rivera, posted on Facebook regarding his position on his campaign and asking for signatures for his candidate signature form. He posted, Hello UO Friends! I need your help on two things and I hope you can help me! 1) I decided late in the race to run for Senate Seat 15, and I need signatures of people who support my candidacy (not a vote not at this time) just that I am a good person running for Senate Seat 15! Text me or message me and I can meet you around campus. Attached is a screenshot of Juan Rivera, of the Ducks Like You campaign, posting to Facebook on March 13th.

Describe any steps that you have taken to resolve the conflict. Include any official procedures that have been followed. No steps were taken by myself or Emma Silvers-Harnly, besides the official grievance procedure that is being followed here. Are you aware of any laws, rules, etc. that you believe have been violated? If so, please list them. Please refer to University and State laws, if applicable. Rule 3.4.2 of the ASUO Elections Rules 2014 states that, Signature gathering is not campaigning. Candidates may not post or advertise for signatures. This post by Ducks Like You candidate Juan Rivera is a clear violation of the above listed Rule 3.4.2. In addition, rule 6.1 states, Campaigns shall be held responsible for all election-related activities undertaken by their affiliates, including but not limited to volunteers, employees, and representatives. Campaigns have a positive duty to ensure that all such persons do not violate these Rules; this duty increases with the degree of affiliation between an individual and the campaign. The affiliation between Juan Rivera and the Ducks Like You campaign is clear, and therefore Juan Rivera and the campaign share responsibility.

What is your desired outcome of the grievance/complaint? The desired outcome of the grievance is for Juan Rivera to be removed from the ballot and for a restriction of campaigning for Monday of Week 2 for the Ducks Like You Campaign. Due to the fact that the elections rules had been released for a significant amount of time and the campaign holds responsibility as stated in rule 6.1, this candidate has very clearly violated the election rule 3.4.2 and should therefore be disqualified and their campaign be punished accordingly.

All of the information provided above is true to the best of my knowledge. I understand that the ASUO Elections Coordinator will be referring this to the appointed Hearings Officer. I further understand that neither the Elections Coordinator nor the Hearings Officer are lawyers and cannot provide legal advice. Grievants Signature

Andrew Lubash

Date

3/18/14

If you are unhappy with the resolution of this grievance, you may appeal to the ASUO Constitution Court.