Despite constitutional woes and a writ of impeachment against Student Union Senior Tribunal member Luke Donaher, the Tribunal rendered its decision that Marshalee Ducille will be ineligible to preside as Executive Vice President on next year’s Executive Board.
Ducille, a College of Arts and Sciences junior, resigned on Friday, April 13, as EVP of the current E-board after a writ of impeachment was filed against her. The Tribunal found last Monday that allegations she did not fullfil her duties were warranted.
But because she was elected as EVP of the incoming slate earlier this month, the Tribunal was unsure if the charges of the writs followed her into her next position.
According to Donaher, Ducille’s resignation prevented the Union from effectively investigating the matter, meaning the investigation of impeachment will last indefinitely.
“Because she resigned before she could face charges, the investigation must remain open until she graduates,” Donaher said, who spoke only under the condition that he not be tape recorded. “She is not in good disciplinary standing.”
The Union’s constitution states all E-board members must remain in “good financial, academic and disciplinary standing during their terms in office,” and since the impeachment investigation cannot be closed, Ducille will remain in bad disciplinary standing, Donaher said.
Ducille wasn’t the only E-Board member slapped with a writ. According to Ducille, to show possible flaws made by Donaher and Senate Chair Sarah Abbott, she and VP of Academic Affairs-elect Zachary Coseglia wrote a writ of impeachment alleging Donaher “overstepped the limitations of giving consul” and Abbott neglected to notify all E-board members within 24 hours of receiving the writ.
Although Donaher admitted the impeachment process did not completely adhere to the constitution, he said it does not affect the decision.
“Sarah was notified, and she had 24 hours to notify the Senate,” Donaher said. “That failed to happen. However, because of the resignation, the impeachment investigation was put to a halt. It did not influence the decision or the legitimacy of the decision.”
Following the Tribunal’s decision, many senators questioned Donaher’s advice to Ducille, which was to resign.
“If he was in a position to make personal recommendations, then he should have told her to wait until they looked into everything,” said Warren Towers senator Rachael Garrett. “On his, part, it was maybe poor judgement, but I do not think he acted unfairly.”
Donaher said his advice to Ducille was not a Tribunal recommendation, but a personal one.
“I said the best course of action was to remain on for this year, resign for next year, and the writ would disappear,” Donaher said. “I felt it was the best thing to do. I was giving my personal recommendation to her.”
Since allegations were brought against Donaher, he abstained from voting on those issues. However, the remaining Tribunal members, James Hooogenhous and Lisa Franchini, found the Senate could form an Investigative Committee to determine if Donaher violated the constitution.
However, Ducille said removing Donaher from office was not the intent of the writ.
“It was to bring to the attention to the Tribunal things that might not have crossed their minds,” Ducille said. “It was in no way to recommend punishment to Luke or to Sarah.”
Ducille, who was joined with members of the incoming E-Board last night, said the fight is not over.
“I’m about to hit the constitution,” Ducille said. “If there is a way for me to get out of bad judicial standing, I will find it.”
Ducille said she will go to Harvard Law School today to find possible precedents or loopholes in the Unites States Constitution which would allow her to reprise her E-board role.
Ducille said last week one of the reasons she resigned was to avoid being disbarred from the incoming E-board.
“I was under the impression, wrongfully, that the only way around this was to resign. I was under the impression that the Tribunal wasn’t unbiased. That’s the impression I got from Luke at the time,” she said.
However, Ducille said she does not hold grudges or personal vendettas against anyone. Now, she said, Donaher seems to be assisting her in searching for a “better” solution.
“Today, I feel like he is trying to help me,” Ducille said. “His biggest concern, he needs to make sure any ruling that is made is constitutionally correct.
Ducille said she has until next Monday, when the incoming E-Board is inaugurated, to find information that would alter the current decision.
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