No.

18-001

IN THE

Supreme Court of Saginaw Valley

______

NIC VON SCHNEIDER,

Petitioner
______

PETITION TO CERTIFY A QUESTION

 QUESTION PRESENTED

On Jan. 22, according to a campus media report, Student

Association expelled Representative Maura Losh. See: Fox,
Brian. “Student Association Removes Representative.” The
Valley Vanguard (University Center, Mich.), January 28, 2018.
This petition asks the Court to certify the following
questions:
1.) Does the expulsion of Representative Losh satisfy
the provisions of Article I, Section 4 of the Student
Association Charter?
2.) Does the expulsion of Representative Losh satisfy
the provisions of Article IV, Section 3 4.3.2 of the
Student Association Bylaws.
3.) May a Representative be expelled from the
Association due to his vote, or due to his publicly stated
policy stance on a particular issue?
4.) What processes and criteria constitute a valid
review of a Representative for purposes of expulsion?
5.) Is putting a Representative up for review an
action of the Speaker or is it an action of the charging
Representative?
 LEGAL ARGUMENT

The first question arises out of the unique nature of the

expulsion, due to the relevant charges having been submitted
by a non-student and non-member of the Association at the
time of the review and the vote for expulsion. See: “Losh was
reviewed on charges brought last semester by Kelsey Earle,
a former representative who graduated in December.” ... “I
presented the charges at the end of the semester...” (quoting
Kelsey Earle). Ibid. See also: “Graduated and still making the
vanguard.” (quoting Kelsey Earle at Exhibit A). The Bylaws
are silent on whether or not charges may be brought forth by a
former Representative at the time of review and expulsion.
The second and third questions arise due to one of the
publicly reported reasons for the initial charges. “Charges
brought against Losh included allegations that she had once
said she was showing up to a meeting only to vote down a
particular pro-LGBT house motion;...” Fox, Brian. “Student
Association Removes Representative.” The Valley Vanguard
(University Center, Mich.), January 28, 2018.
The fourth question arises out of the inconsistent practice
used by the Association throughout the years when it comes to
putting Representatives up for review.
Finally, the fifth question arises due to Article IV, Section
3 4.3.4 of the Student Association Bylaws, which states:
“The Speaker shall have a motion in the agenda under New
Business at the next regular meeting to discuss the review
of the Representative.” The Bylaws are silent on how this
reconciles with Article III, Section 6 3.6.2 of the Student
Association Bylaws which states: “Representatives may include
items on the agenda upon concurrence of the Speaker.” (i.e.
Does Article IV, Section 3 4.3.4 of the Bylaws require the
“concurrence of the Speaker?”)
Petitioner takes no position on the answers to the questions
contained within this petition.
 CONCLUSION

The petition should be granted. I certify that this filing is

submitted in good faith and that I am the named person below,
pursuant to this Court’s rule 1.9.

Respectfully submitted,

NIC VON SCHNEIDER

February 8, 2018
EXHIBIT A