Several ASWSU Judicial Board members apparently conducted an unannounced meeting Monday afternoon weighing the merits of allegations against the Office of Student Media in what appears to be a violation of state open meeting laws.

Two Daily Evergreen staff members, a columnist and a photographer, witnessed six of the seven ASWSU Judicial Board members discussing the election violation allegations at the CUB Bookie Starbucks.

Both were able to provide photos of the gathering, as well as notes. Members were overheard saying “I feel like students should be properly informed,” and “People are voting yes but not knowing.”

Revised Code of Washington 42.30.200 states all university student governing bodies are “subject to the provisions of the open public meetings act.” This requires student bodies and any boards or committees acting on their behalf to give notice of public meetings and make agendas available at least 24 hours in advance.

Media law expert and special project attorney at the Student Press Law Center (SPLC) Mike Hiestand said because the Judicial Board meeting did not meet these requirements, it seemed to violate the open meetings statute.

“They are deciding what is the next official step that they are going to take and that’s pretty clearly public business,” Hiestand said. “In order to do that they would have to go through the normal notice requirements.”

The Daily Evergreen received notification Tuesday morning of an allegation hearing scheduled for Thursday. The notice stated the Board had reviewed complaints and responses “offered by the parties”, though no Evergreen staff members were contacted for comment.

The hearing notification also stated the hearings will only proceed if the ASWSU executive staff and Evergreen editor cannot come to a consensus about a mutually acceptable outcome by noon Thursday.

ASWSU members filed two allegations last week regarding the content of an advertisement for the proposed Student Media fee. Decisions regarding these allegations fall under the jurisdiction of the Judicial Board.

Judicial Board adviser Adam Jussel said the meeting on Monday was the first of its kind, but that the group had previously planned to hold regularly scheduled meetings at this time. He said it was not publicized, and the board does not have an agenda or minutes for the meeting.

Jussel said the Judicial Board did not take any action or reach any decisions at the meeting, and only discussed how to proceed with the situation.

He also assured The Daily Evergreen the Judicial Board is approaching the hearings from an unbiased standpoint.

“You have to hear all the information available to you before you make any type of decision,” Jussel said. “That’s what the hearing is for, to present the full defense.”

According to open meetings law, any discussion or deliberation of a matter before the board falls under the definition of official action.

Board meetings must be conducted according to open meeting laws, said David Cuillier, former president of the Society of Professional Journalists.

“If the student body isn’t subject to the law then that means they’re not a real government, means they’re just playing house,” Cuillier said.

Hiestand said the potential open meetings law violation may call into question the legitimacy of the meeting’s proceedings, referencing RCW 42.30.060.

“Any action taken at meetings failing to comply with the provisions of this subsection shall be null and void,” according to the state law.

Additional reporting by Des Marks and Tyler LaFerriere

Disclaimer: The author and editors of this article work for the Office of Student Media.