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Slander complaint against Onward coalition dismissed
▶ DARBY VANHOUTAN @darbyvanhoutan
Andrew Rosenthal/KANSAN The Student Senate Elections Commission listens to Chance Maginness' defense against KUnited's complaint. The Elections Commission decided to dismiss the claim and not fine Onward. Maginness is Onward's presidential nominee.
A complaint of slander filed earlier this week by Student Senate coalition KUnited was dismissed at an Elections Commission hearing Thursday evening.
The basis for the complaint, which was filed against the coalition Onward, came after a statement was made at Onward's launch regarding a platform to make changes to parking on campus. A coalition member said that KU Parking and Transit had agreed to work exclusively with Onward going forward. That claim was later refuted by Parking and Transit Director Donna Hultine.
According to the complaint, this false statement constituted slander and broke rule 7.7.2.2.1 of Student Senate Rules and Regulations.
Chance Maginness, presidential nominee for Onward, attended the hearing in place of Election Commission Liaison Ryan Billups. Maginness argued that the claim KUnited brought forward was "petty," as well as not fitting under the definition of libel or slander.
"They're trying to say that something that was said somehow affects them and they're doing it for press," Maginness said during the hearing. "They're doing it to get more momentum and to get something out of it and instead they've turned out to look petty."
KUnited Campaign manager Victoria Snitsar represented the coalition as proxy for Election Commission Liaison Emma Anderson. In her first speech, which lasted less than three minutes of the 10 each side is allowed, Snitsar said Onward both "defamed" Parking and Transit along with perpetuating facts it knew to be false, as truth.
"We believe that this is slander because it is false information that has misled members both of our own coalition and the student body at large," Snitsar said during the hearing.
However, after almost 30 minutes of presentation
by the two parties, the commission said it felt that the claims presented in KUnited's original complaint and during the hearing were not sufficient to justify libel and slander.
The lack of information provided by KUnited on damages they sustained is the reason why we decided that this was not an actual libel claim."
Garrett Farlow Elections Commission chair
"The lack of information provided by KUnited on
damages they sustained is the reason why we decided that this was not an actual libel claim," said Elections Commission Chair Garrett Farlow after the hearing.
KUnited's presentation at the hearing included concerns of transparency to students and what they saw as potential damages to other coalitions who may have lost student interest after the false statement was made.
Maginness countered the coalition's accusations during the meeting by presenting definitions of libel and slander. He also presented examples of Supreme Court rulings which,
although not completely applicable to a student government, carry precedent and show KUnited's "true intent," he said.
"I think it's quite clear that KUnited did this just to harass and defame and delay us." Maginness said after the hearing. "I think that the fact that they weren't even barely able to defend their own claim during the hearing is proof that this was just a nuisance and it should be treated as such."
Regardless of what complaints are presented to the Elections Commission, such as this one, the commission will continue to take seriously what is brought to it, Elections Commission Compliance Chair Harrison Baker said.
After the hearing, Snitsar said that KUnited is dedicated to making sure coalitions running in this election remain truthful.
"We feel that [the Elections Commission's decision] was fair based on the arguments that were presented," Snitsar said after the meeting. "However, our main intent was to hold Onward to their word and we believe that we did that by filing this violation. We are running a campaign of integrity and we want all others to do the same."
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