The AAS also passed budgetary recommendations, approved a statement condemning the vandalism outside Mead Art Museum and announced the recognition of three new clubs.
Baum submitted a formal complaint to the judiciary council questioning the sole authority of the executive branch of the AAS to recognize diversity senate seats.
Last week, the e-branch announced their approval of diversity seats for the International Students' Association, the Pride Alliance and the Amherst College Republicans.
"When you look at the constitution, it seems obvious that diversity senators must be recognized by the senate, and that didn't happen," said Baum. "If the e-branch believes that a separate body [from the Senate] should determine which communities have been historically silenced, it's legitimate to discuss that, but it's not written in the constitution."
In accordance with the constitution, the judiciary council will hold a hearing to address the matter on Oct. 2. All relevant parties will have six minutes to present their arguments, two minutes for rebuttal and two minutes for closing statements.
Judiciary council member Sean Filiault '04 will run the hearing instead of chair Jun Matsui '03, because she also serves on the e-branch, which is a party to the complaint.
The judiciary council made a preliminary ruling on the issue identifying the e-branch and the senate as parties to the complaint. Senator Paige Wallace '05 has also stepped down from serving as a judiciary council member because she is also a member of the senate.
In his written complaint, Baum pointed to Article I of the constitution. "The Senate shall consist of the following elected representatives: 1) Eight (8) Senators elected from each class, 2) Diversity Senators as recognized by the Senate," the Constitution states.
Baum also quoted Article V for evidence that his interpretation is correct. "If a community on campus believes it is entitled to a diversity senate seat, the group must 'apply to the Executive Branch for recognition and for a Diversity Senate seat,'" states the constitution. While not denying that groups apply to the e-branch for a seat, Baum quotes section V.b. of the Constitution. "For example, the AAS may recognize the following communities to have the choice of electing no more than one general representative from a campus group to represent their particular, larger communities," states the constitution.
The e-branch, which is not unified on the issue, refrained from making extensive remarks until it could discuss the matter further, but will present full arguments at the hearing.
President David Bugge '04E agreed that the language regarding diversity senators was ambiguous but is confident that the judiciary council will satisfactorily address the matter. "It is not clear as to which authority makes the final decision with regards to each specific diversity seat petition. Therefore it is necessary for the [judiciary council] to meet and render a decision so as to clear up any confusion," said Bugge.
"The wording of the constitution is, to some extent, contradictory," said AAS vice-president Bob Razavi '03, commenting on Articles I and V. "There are two sides to the issue and the judiciary council must decide which interpretation will be honored."
Baum also hopes Thursday's hearing will clarify the matter. "I hope the judiciary council members look at the language and see that it's very, very clear … the senate is a crucial part of the creation of a diversity seat," he said.
Baum noted that more constitutional ambiguities are likely to arise because the constitution is so new. "This is a normal process and should happen a lot more … I outlined what I thought was the correct interpretation and submitted it to the judiciary chair," said Baum.
In other AAS proceedings, judiciary council chair Matsui announced that her council had recognized the Amherst Art Club, the Entrepreneurs and The Amherst Hamster as official College organizations. Matsui noted that all clubs must go through review and recognition this semester in order to remain active and receive AAS funds next semester. In addition, Matsui reminded the senate that groups not formally recognized by the AAS can apply for programming funding but not discretionary funding.
The senate passed the budgetary committee's recommendations for the week. Hillel was allocated $530 for an Israeli drummer and the Chicano/Chicana Caucus was allotted $5,000 for speakers. Budgetary committee chair Livia Angiolillo '04 noted that the crew team returned $4,000 and The Amherst Review returned $2,600, bringing the total amount of programming funds up to $26,738.20.
"I want to emphasize that we have to be careful ... we ask you to reach objective decisions and not rubber stamp our recommendations, but to discuss them," Angiolillo said the Senate.
Angiolillo also informed the senate that an audit of the former Student Government Organization (SGO) requested by the Internal Revenue Service two years ago had not yet been completed, and as a result the senate would be subject to fines and could possibly lose its tax number. "This is scary … we must come together as a senate … we don't know where the money has gone," said Angiolillo.
Angiolillo will review financial documents from the last two years and plans to release numbers in the next two weeks.
The Senate passed a resolution written by Jesse Freedman '03 condemning the vandalism of the "Indian Hunter" and "Prong-Horn Antelope" sculptures outside the Mead Art Museum as "ignorant, selfish and despicable." The statement called for the individuals responsible to be held accountable by the College and by the town of Amherst. A copy of the statement signed by members of the senate, e-branch and judiciary council will be posted around campus and distributed through campus mail.