EMC Procedures and Appeal Policies

EMC Procedures

  • Open to involved parties by invitation of EMC. All involved parties may include: applicant, accused, witness(es), and any other such parties that the EMC may deem relevant.
  • A tentative meeting time will be set by the EMC within 24 hours of the receipt of the violation notification form or right to appeals pursuant to the UWSA By-laws and Policies.
  • All final EMC decisions and motions will be made public on www.uwsa.ca/elections within 24 hours of ruling.

Appeal Policies

By-law 80 – Part 3: Oversight

3.1 The CRO shall oversee all Elections in accordance with the Constitution and all applicable Bylaws,
Policies and Resolutions.

3.2 The EMC shall assist the CRO in the fulfillment of his or her duties and operate in accordance
with all other provisions of By-law 10, section 6.1.2.

3.3 The CRO and EMC shall be responsible for proposing and administering Elections Policies.

3.4 Elections Policies shall be created and maintained by Council.

The following is a paraphrasing of UWSA Elections By-laws and Policies for original documentation please follow source link.

Right to appeal to EMC pursuant UWSA By-laws

5.1.1 Where a Member believes a candidate or agent of the CRO has violated the regulations governing the Election, the Member must appeal the decision to the EMC no later than forty eight (48) hours following the posting of the Election results by the CRO.

5.1.1.7 In the case where EMC upholds an appeal in direct regard to the integrity of the election, a
re-vote may be called at the discretion of the EMC to be approved by 2/3 majority at council. If no revote is called the positions will remain vacant

Right to appeal to Council pursuant UWSA By-laws

Right to Appeal a Decision of EMC in violation of election regulations pre-election results.

5.1.1.3 The appellant may only appeal this decision of the EMC to Council where the decision of the EMC violates the regulations governing the Election and where a petition of at least fifty (50) Members supports the appeal to Council.

5.1.1.4 The appeal of the decision of the EMC must be brought to the VPA prior to the first
Council meeting following the decision of the EMC.

5.1.1.5 Where the appeal of the decision of the EMC is in compliance with this Part, the VPA shall bring the appeal to Council.

5.1.1.6 Council shall only uphold the appeal where the decision of the EMC violates the regulations governing the Election.

Right to Appeal a Decision of the CRO or EMC in violation of election regulations post-Election results.

5.1.2 Where a Member believes the CRO or EMC has violated the regulations governing the Election the Member must appeal the decision to Council no later than forty-eight (48) hours following the posting of the Election results by the CRO.

5.1.2.1 All appeals to Council must be in writing to the VPA and supported by petition of at least (50) Members.

5.1.2.2 Where the appeal of the violation by the EMC is in compliance with this Part, the VPA shall bring the appeal to Council.

5.1.2.3 Council shall only uphold the appeal where the CRO or EMC has violated the regulations governing the Election.

No Right to Appeal Discretion of CRO or EMC.

5.1.3 In no case is the discretion of the CRO or EMC, as provided for by the regulations governing the Election, sufficient grounds for appeal.

Right to appeals to EMC pursuant UWSA Elections Policies

5.9 Right to appeal to EMC the decision of the CRO regarding the validity of a nomination package.

6.7.2 Right to appeal to EMC the decision of the CRO to disqualify a candidate regarding campaigning around drug or alcohol use.

11.7 Right to appeal to EMC a campaign expenditure refund must be done within a 48 hour time period of the refund being issued.

Rights to appeal to Council pursuant UWSA Elections Policies

5.11.3. Right to appeal to Council regarding a decision to penalize a candidate not the type or magnitude of penalty.

Any appeal brought to Council must be concluded before the acceptance of the Election Report (s.8.4)