Ousted Penn State student government president reinstated after judicial review
The former president of Penn State’s student government who was removed from her position last semester was reinstated Wednesday after the student government’s judicial board determined the removal process violated their governing documents.
Rasha Elwakil was elected president of the University Park Undergraduate Association and later sworn in on April 17. But a week later, the board voted to remove her as president. The reasoning at the time was unclear, and the controversial decision led to calls for transparency. A statement from the UPUA later posted on Instagram said she “violated the duties entrusted to her.” The removable offenses included issues with professionalism, internal election interference, executive overreach and more.
Earlier this month, the UPUA unanimously voted for the judicial board to conduct a formal review of the removal of Elwakil “to ensure it complied with our governing documents and was carried out with fairness and integrity.”
The Chief Justice, Hunter Steach, said in an email to the Centre Daily Times that a review published Wednesday found the process had two procedural infractions that violated UPUA’s governing documents. The review stated the removal proceedings against Elwakil were null and void, and Elwakil was reinstated as president and Fletcher Port — who assumed the role of president — was reinstated as vice president, effective immediately.
It also encouraged the UPUA to adopt a clear and comprehensive removal process within their governing documents as soon as possible.
The judicial board reviewed two main concerns: whether a week’s notice of the removal — as required by the bylaws — was given prior to the vote to remove Elwakil, and whether a removal of an executive branch member can occur without a judicial board member in attendance, as required by the UPUA constitution.
Giving a week’s notice, the review stated, safeguards “transparency, fairness, and due process in all removal actions,” and the removal process failed to adhere to that stipulation. And although previous UPUA statements say Elwakil waived her right to be notified, the review states such a notification is mandatory and no one is eligible to waive a bylaw.
“Our governing documents are ratified by the General Assembly each Assembly and contain strict, enforceable clauses adopted with deliberate intent,” the review stated. “No member or group of members of the UPUA possesses the authority to waive any of the provisions set forth in our governing documents, as this would be overruling our organization’s own legal Authority.”
UPUA’s constitution states the highest ranking member of the judicial board presides over removal proceedings of executive branch members. But when the vote to remove Elwakil was taken, no members of the board had been nominated, confirmed or sworn in.
“It is the responsibility of the Executive Branch to ensure that Judicial Board positions are promptly filled to prevent such constitutional lapses. Proceedings that require the presence of a specific officer, as dictated by the Constitution, cannot constitutionally occur if that officer has not been duly nominated, confirmed, and sworn in,” the review stated.
The review also found issues with the impartiality of the presiding officer under Robert’s Rules of Order. The vice president presided over the removal and participated in deliberations, according to the review. Because the vice president would assume the presidency after the removal, the review stated there was a “direct and undeniable” compromise of impartiality.
That underlines the importance of having the highest ranking member of the judicial branch preside over these matters, the review stated.
Neither Elwakil nor the UPUA’s spokesperson responded to a request for comment.
