The decision was released one week after the second impeachment hearing for the case
By LILY FREEMAN — campus@theaggie.org
On Jan. 23, the ASUCD Judicial Council (JC) released the ruling for ASUCD Senate v. Ojeda via email, which began by recognizing that the legislative branch has the power to impeach the president in the event that they engage in, “gross misconduct” or “[demonstrate] incapability of [the President’s] office.”
The ruling then wrote that it is difficult to prove that the president is incapable for office.
“The ASUCD President is elected by the students of UC Davis, not by any internal process by the ASUCD Senate,” the ruling said. “Subsequently, the Senate does not have the power to oust a President by a simple vote of no confidence.”
While Ojeda may not have performed his duties to the satisfaction of the Senate, according to the ruling, “the claim that [Ojeda] is incapable for his office is invalid on these grounds.”
The ruling wrote that Ojeda has fulfilled several of his constitutional duties as president, such as providing mandatory weekly reports to the Senate and being a representative of the student body.
“Though [Ojeda] has not completed a first State of the Association Address, it is neither the power of the Senate nor the Judicial Council to enforce a specific deadline on when it may be delivered,” the ruling read. “We concur that the ASUCD President must be held to a high standard, but this standard must remain within reason.”
The ruling also wrote that the Senate remains to have the power to impeach the president on different terms should Ojeda fail to carry out his constitutional duties in the future.
Finally, the ruling ended with the JC’s decision not to remove Ojeda from office.
“We find the arguments and evidence presented by Petitioner on behalf of the ASUCD Senate insufficient in establishing that [Ojeda] is incapable for office,” the ruling read. “[Ojeda] will continue his term of office.”
Written by: Lily Freeman — campus@theaggie.org
