Student Association election called libelous

The conspiracy theory: The former Christian Civilization Club is attempting to take over the Student Association. Fact or Fiction?

Three candidates for the Spring 2008 election were sent "letters in the mail, telephoned and e-mailed" to come to the Board of Justice meeting May 9, according to BOJ Chairman Richard Greyeagle. The purpose of this hearing was to investigate whether a photo on an election flier they'd been passing out during campaign week was used as libel, and to discover the reasoning behind the use of the photo.

Those accused of libelous activity: Alex Malash, Vladamir Musorovichi and Viktor Choban, allegedly connected to the former CCC.

Last semester, the former club became the talk of American River College for its unusual manner of informing the campus. The club set up shop nearly every day with banners stating, "Islam is not a religion of peace" and "Muhammad was a racist." Former CCC member Luke Otterstad has been involved in numerous protests, including a stand he made in San Francisco last semester opposing gay marriage.

The former club continued to make itself known when nine of its alleged members ran for office in the SA and gained the positions. Three of the nine were disqualified due to lack of units and/or low GPAs. Five additional members chose to resign Feb. 12, which became official Feb. 19, due to the "[SA president] denying the student's fundamental right to elect their own representatives," as stated in their five identical resignation letters.

Under the circumstances, the SA officers say they felt it being so late in the semester a special election wasn't necessary and would take more time and money needed in order to fulfill its duties to the student body of ARC.

The case was taken to the Board of Justice, a panel consisting of five members appointed by the previous semester SA president. The BOJ decided the ARC Constitution overruled the SA Bylaws and gave the SA the ability to appoint the eight vacancies.

In the Spring 2008 election the "bloc" repeated itself; however, this time with three alleged former members of the CCC and three members of the current SA.

In late April, a new allegation surfaced.

During campaign week, the candidates in question and their campaign crew hosted a few tables on campus and passed out fliers aimed toward the Slavic-speaking population at ARC. The fliers included a list informing these students which candidates to vote for and against. Also on this flier was picture of Joan McTeague, a member of the BOJ and the only transsexual previously involved with SA. McTeague was not on the ballot running for a position on the SA council.

"Why, and what is the intent of using Joan's photo as campaign material?" Greyeagle asked each candidate brought forth for questioning.

Each candidate, represented by Otterstad, never revealed a solid answer of the reason for using McTeague's photo.

"This is a photograph. How can a photograph be considered slanderous," said Otterstad.

Otterstad and his clients argued that the BOJ lacked proof that they were attempting to slander McTeague since there was nothing printed under the photograph.

"The burden of proof is on [the Board of Justice], not on [my clients]," said Otterstad.

The majority of the questions Otterstad answered without any consultation with his "clients." Even though Otterstad had not stet the intention of the photo, Malash decided to answer the question directly.

"I'm not guilty, and that picture was used for an election purpose - to see who was running against us," Malash said. "I wasn't informed he was on the Board of Justice."

Otterstad didn't believe his clients' actions were wrong, and said the BOJ was simply attempting to use this photo as a bogus reason to kick the candidates off the ballot.

"I believe we're facing religious discrimination, [the Board of Justice] is questioning our thought processes and beliefs rather than our campaign," Otterstad said after the meeting.

Musorovichi, Choban, and Malash declined to comment.

Akilah Parks, a candidate voted against on the ballot says maybe the BOJ could make a rule to say in the future "no candidate can use personal pictures."

Others seem to feel differently.

David Fisher, who ran for SA president in the recent election, says Malash had admitted to saying McTeague was running against him in the election, even though Joan wasn't a candidate.

"That to me is slanderous. What do you have to say to that?" Fisher asked as he looked at Otterstad.

Otterstad wasn't given the chance to answer, because the BOJ Chairman Richard Greyeagle called order.

Fisher added later, "I do say the results [of the election] are tainted by this action," after a comment made by John Throm about the connection behind Maunee Desai, Anthony Todd and Jacob Johnson's place on the said libelous flier.

Rachid Frihi, current SA student representative, says the three weren't fooling anyone.

"Clearly it was orchestrated before hand . . . if they were truly not guilty they could speak for themselves."

The BOJ's decision of whether these three representative elect will be able to take their seat in Fall 2008 will be announced May 19.