[Advice to Divisional Chair Jeffrey Gibeling 10/1/2001]

A number of committees are charged with accepting student petitions, but no explicit mechanism is spelled out through which their decisions might be appealed.  However, a legislative ruling of the University Committee on Rules and Jurisdiction 8.95B says in part:

Under ASB 40C each committee of the Academic Senate, including Divisional committees, is responsible to the agency establishing it... The establishing agency retains the right to supercede, amend, or set aside the actions or recommendations of any of its committees.

Since the establishing agency for the committees in question is the Division itself, and since the will of the division is expressed in the Representative Assembly or a mail ballot, we conclude that the Representative Assembly has the power to overturn the judgement of any committee with respect to a student petition.  What is more, Davis Division Bylaw 160 (A) lists "student petitions" as the ninth item in the order of business for meetings of the Representative Assembly.

We conclude that the bylaws provide a mechanism for students to appeal adverse decisions of a divisional committee to the Representative Assembly.  They are silent on forms or procedures for such petitions.  We have not heard of any cases that would provide precedent.  [Superseded by Legislative Ruling 11.05]