COPY

STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY

MOHAMMAD SAMIR SIDDIQUE, and, TAYLOR Q. SCOTT, Plaintiffs, vs. BOARD OF REGENTS UNIVERSITY OF WISCONSIN SYSTEM, UNIVERSITY OF WISCONSIN MILWAUKEE, MICHAEL LOVELL, MICHAEL LALIBERTE, DAVID STOCKTON, UNIVERSITY STUDENT COURT, UWM STUDENT BOARD OF TRUSTEES d/b/a UWM STUDENT ASSOCIATION, and, JOHN DOES 1-10, Defendants. JOINT MOTION FOR EX PARTE RESTRAINING ORDER The Plaintiffs Mohammad S. Siddique and Taylor Q. Scott (Plaintiffs), pursuant to Wis. Stats. 813.025, hereby respectfully moves this honorable Court for an ex parte temporary restraining order against Defendant(s). In support thereof, Plaintiffs rely on the Complaint, supporting brief, and the accompanying motion. JOINT MOTION FOR EX PARTE RESTRAINING ORDER AND NOTICE CaseNo.14-CV-000386

REQUESTED RELIEF WHEREFORE Plaintiffs pray this honorable court grants them the following relief: A. An immediate ex parte temporary restraining order enjoining the Defendants Board of Trustees (BOT), John Does (Does), University Student Court (USC), Michael Lovell (Lovell), and Michael Laliberte (Laliberte) from proposing or putting to a vote of the students, inter alia, any referenda regarding an amendment to or enactment of a Student Association Constitution, the recognition of the results of any Constitutional referendum, the adoption of the results of any referendum, the implementation of a Student Association Constitution that is different from the status quo ante, and any and all other actions regarding a new Student Association Constitution.

Dated this 21st day of January, 2014. Respectfully submitted,

<<ORIGINAL SIGNED>> _______________________________

MOHAMMAD SAMIR SIDDIQUE Plaintiff 414-308-6095 m.samir.siddique@gmail.com

<<ORIGINAL SIGNED>> _______________________________

TAYLOR Q. SCOTT Plaintiff 608-712-2064 taylorqscott@gmail.com

COPY
STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY

MOHAMMAD SAMIR SIDDIQUE, and TAYLOR Q. SCOTT, Plaintiffs, vs. BOARD OF REGENTS UNIVERSITY OF WISCONSIN SYSTEM, UNIVERSITY OF WISCONSIN MILWAUKEE, MICHAEL LOVELL, MICHAEL LALIBERTE, DAVID STOCKTON, UNIVERSITY STUDENT COURT, UWM STUDENT BOARD OF TRUSTEES d/b/a UWM STUDENT ASSOCIATION, and JOHN DOES 1-10, Defendants. BRIEF IN SUPPORT OF JOINT MOTION FOR EX PARTE RESTRAINING ORDER CaseNo.14-CV- 000386

INTRODUCTION The Plaintiffs seek an ex parte restraining order that restricts the Defendants Board of Trustees d/b/a Student Association (BOT), John Does (Does), University Student Court (USC), University of Wisconsin Milwaukee (UWM), Michael Lovell (Lovell), and Michael Laliberte (Laliberte) from

proposing or putting to a vote of the students, inter alia, any referenda regarding an amendment to or enactment of a Student Association Constitution, the recognition of the results of any Constitutional referendum, the adoption of the results of any referendum, the implementation of a Student Association Constitution that is different from the status quo ante, and any and all other actions regarding a new Student Association Constitution. Plaintiff Siddique is a currently enrolled student of the UWM Institution, and therefore actions taken by Defendants that affect the students of UWM, inherently affects Plaintiff Siddique. The Plaintiffs move this honorable court to enjoin the Defendants from putting forth and recognizing a Constitution that is brought forth to students, pro forma, under the false pretense of a Student Association (SA) referendum, and without any legal standing to do so. The Plaintiffs support their motion of an ex parte restraining order by asserting that this referendum will imminently and irreparably harm the Plaintiffs, in four ways: (a) by further institutionalizing the BOT and USC as legitimate representatives of the students of UWM, purporting authority under Wis. Stats. 36.09(5); (b) by further allowing the BOT and USC to take actions that do not comply with the current governing documents of the Student Association; (c) by continuing to allow the BOT and USC to extralegally take actions, enter into contracts, and represent the students of UWM; and, (d) by subjecting students to meet certain eligibility requirements, in order to participate in institutional shared governance. The effect of subsequent actions by the Defendants, authorized to them under the new Constitution, would cause irreparable harm to the Plaintiffs, others similarly situated, and to the concept of shared governance.

FACTS 1. Defendant BOT, and subsequently Defendant USC, held meetings and

approved actions, on January 19, 2014, that ordered the administration of a referendum to students of the UWM on the approval of a new Student Association Constitution. According to the elections website of Defendants BOT, Does, and

USC, the said referendum will run from January 20-26, 2014. A true and complete copy of the relevant calendar can be found at the following website: http://uwm.orgsync.com/org/elections/Calendar. 2. Under Wis. Stat. 36.09(5), UW students have the power to organize

and institute student governments, and through such organization, participate in the immediate governance of the institution, and exercise primary responsibility for the formulation and review of policies concerning student life, services and interests, and over the disposition of student fees. Students at the UWM have historically organized and recognized these rights under the Constitution for the Student Association. A true and complete copy of the current, student-recognized SA Constitution is attached hereto as Exhibit A. 3. Defendants usurped for themselves the power and authority which

legally belonged to that student government, and ultimately to the students of the institution, including the Plaintiff Siddique and others similarly situated. 4. Defendants BOT, Does, and USC, by extralegally assuming the

authority of the Student Association of UWM purport to act as a state agency as that term is defined in Wis. Stats. 20.001(1), with the express support, consent and assistance from Defendants Lovell, Laliberte, and Stockton. This assertion is supported by Kaye v. Board of Regents 158 Wis.2d 664 (1990) 463 N.W.2d 398. The Wisconsin Court of Appeals case Kaye, in a decision written by Hon. Sundby J., clarifies that a state agency would apply to whatever agencies assist the principle administrative unit in the administration and governance of the unit. This definition would fit the Student Association of UWM, as Kaye further states that UPB is an active participant[ ] in the immediate governance of and policy development of the University of Wisconsin-Milwaukee. Sec. 36.09(5), Stats. UPB is an unincorporated association which is the board of directors for the University of WisconsinMilwaukee student union. It is the primary governance body for the activities of and services to union members and guests. The basis by which Kaye

describes UPB, and subsequently finds it to be a state agency, is the same basis by which the Student Association of UWM must be recognized as a state agency. Kaye is brought forth to the court to interpret Wis. Stats. 20.918. Since Kaye, Wis. Stats. 20.918 has been renumbered to 20.930. The Statute has substantively remained unchanged, and therefore is applicable in this case. Finally, if the Student Association is to be bound by Wis. Stats. 20.930, then it undoubtedly a State Agency, as defined under Wis. Stats. 20.001(1). 5. Defendants BOT, Does, and USC, with the express consent, support

and assistance of Lovell, Laliberte, Stockton, and Does, are holding a referendum with the intent to adopt a new constitution. The process of this adoption is in violation of the current Constitution, which the students of UWM have instituted to participate in shared governance. A true and complete copy of the current, studentrecognized SA Constitution is attached hereto as Exhibit A. 6. Furthermore, the Student Association is an agency, in accordance

with Wis. Stats. 227.01(1) and is defined as follows: means a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer. An agency, under Wis. Stats. 227.01(1), is bound by Administrative Rules and Procedures as defined under Wis. Stats. 227. Wis. Stats. 227.01(13) defines rule as follows: means a regulation, standard, statement of policy or general order of general application which has the effect of law and which is issued by an agency to implement, interpret or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency. Therefore, the UWM SA Constitution must be considered a rule, under Wis. Stats. 227, and has the effect of law, referred to in Wis. Stats. 227.01(13); the SA and its rules derive their legal effect from Wis. Stats. 36.09(5). 7. Defendants BOT, Does, and USC, are purporting to be a state agency,

as stated in paragraph 4, and intend to continue extralegally entering into

contracts with and on behalf of the students of the UWM, through the recognition and referendum of a new Constitution. 8. Defendants BOT, Does, and USC publicized the upcoming referendum

and new constitution. Much of this publication has come by and through administrators working for and with Defendant Lovell, Laliberte, Stockton, USC, BOT, and Does.

CAUSES OF ACTION Irreparable Harm 9. exercise Defendants intend to, and will unless enjoined, continue to unlawfully the authority properly granted to students and their elected

representatives by 36.09(5), for their own purposes. 10. On information and belief, Defendants BOT, Does, and USC, while

purporting to execute the authority granted to the Students, via the processes and guidelines outlined by the recognized SA Constitution have or intend to: enter contracts; make budgetary allocations of Segregated University Fees (SUF); appoint student representatives to university shared governance committees; exercise the role of the Student Association in collective student government organizations such as United Council and UW System Student Representatives; and, legally commit the student body with third parties in such a manner that its actions will become increasingly difficult to undo. 11. On information and belief, Defendants BOT, Does, and USC intend to,

deliberately or through ignorance of the law, cede student rights to their coconspirators UWM, Lovell, and Laliberte through the adoption of a new SA Constitution. 12. In addition, the constitution being put to referendum requires students

to meet certain eligibility requirements that would deprive certain students from exercising rights vested under Wis. Stat. 36.09(5) to participate in the immediate governance of the Institution. Plaintiff Siddique is subjected to such requirements, as a current student at the UWM institution. Balance of Harm 13. Plaintiffs request that this honorable court enjoins the Defendants.

Defendants BOT and Does do not have the rights of a state agency, as that term is defined in paragraph 4, and members of Defendant USC simultaneously function as a private association under the USC name, while exercising putative powers never legally acquired by the USC as a public or state agency. 14. Plaintiffs and others similarly situated will incur great damages, as

asserted in paragraphs 9, 10, and 11, if the Defendants are not enjoined. The Defendants will incur a lesser damage, as the effect of a Temporary Restraining Order will only delay the administration of a Constitutional referendum. Furthermore, the harm that Defendants incur from a TRO by this honorable court, ordering the Defendants to halt the administration, recognition, implementation, or other actions regarding the SA Constitution would become moot if it is found that the Defendants did not have the legal authority to bring forth such a referendum. 15. Plaintiffs and others similarly situated will incur great damages as the

extralegal actions by Defendants BOT, Does, and USC become increasingly more difficult to undo; Defendants BOT, Does, and USC intend to administer a constitutional referendum, continue to enter into contracts with and on behalf of the students of UWM, continue to extralegally spend SUF, and continue to use University and public resources, with the express support, consent, and assistance from Defendants Lovell, Laliberte, and Stockton. Likelihood of Success on the Merits of the Case

16.

The current BOT was a creation extralegally forged by the USC, by

and with the express support, consent, and assistance of Defendants Lovell, Laliberte, and Stockton. The BOT is an association of hand-picked students whose actions and representation is neither recognized, nor in compliance with the processes and procedures set forth by the Students at UWM, via their recognized constitution. A true and complete copy of the current, student-recognized SA Constitution is attached hereto as Exhibit A. 17. Furthermore, through Wis. Stats. 36.09, the students are solely

prescribed the right and responsibility to organize in a manner that they determine, and the Chancellor has an inherent ministerial duty to accept the determinations of the students organized body, to the extent that law grants the rights to such determinations. 18. The BOT is an association of Does, composed of UWM students, that

has extralegally assumed and usurped the prescribed powers and authorities of the state agency, as defined in in paragraph 4, by conducting business under the alias Student Association, and by gaining the approval and recognition of Defendants USC, Lovell, Laliberte, and Stockton Public Interest Favors the Granting of the Injunction 19. Plaintiffs assert that granting an ex parte temporary restraining order

in this matter is in the best interest of the public, as it will immediately enjoin Defendants BOT, Does, and USC from entering into contracts with and on behalf of the students of UWM, extralegally spend SUF, and use University and public resources; functions and acts which they continue to purport. 20. Plaintiffs further assert that it is in the best interest of the public that

the UWM students retain their right to participate in the immediate governance of their Institution.

CONCLUSION For all of the reasons stated above, the Plaintiffs respectfully request that the Court grants their motion for the protective order requested in the Petitioners Joint Motion for ex parte Restraining Order.

Dated this 21st day of January, 2014. Respectfully submitted,

<<ORIGINAL SIGNED>> _______________________________

MOHAMMAD SAMIR SIDDIQUE Plaintiff 414-308-6095 m.samir.siddique@gmail.com

<<ORIGINAL SIGNED>> _______________________________

TAYLOR Q. SCOTT Plaintiff 608-712-2064 taylorqscott@gmail.com

Constitution Student Association University of Wisconsin Milwaukee

Preamble
We, the Students of the University of Wisconsin Milwaukee, in order to form a more perfect student government, to ensure participation in student governance, and to promote our general welfare, do hereby establish this Constitution.

Article I Name
The name of this organization shall be the Student Association of the University of Wisconsin Milwaukee, hereafter known as the SA.

Article II Declaration of Rights

Section 1 Non-Discrimination
All members of the SA shall be free from discrimination on the basis of race, color, ethnicity, creed, religion, gender, sexual orientation, physical ability, marital status, national origin, political ideology, or age.

Section 2 Due Process

All students and student organizations shall be guaranteed Due Process under the Law. In all judicial proceedings, the accused shall be informed of the nature and cause of the accusation; enjoy the right to a speedy, impartial trial; be confronted with the witnesses against him or her; have compulsory process for obtaining witnesses in his or her defense; and have the right to an appeal. The accused shall not be tried twice for the same offense; nor be forced to testify against him or herself; nor be the subject of unusual or excessive punishment.

Section 3 Open Meetings

Every meeting of the SA shall be open to all members of the SA, except in situations to protect the privacy of individuals.

Section 4 Shared Governance

Students shall be ensured participation in university governance at all levels, guaranteed to students by Wisconsin Statues 36.09(5).

Article III Membership

Section 1 Members
Students currently enrolled at the University of Wisconsin Milwaukee shall be members of the SA and shall enjoy the benefits, responsibilities, and protection thereof.

Section 2 Officials

An official of the SA is any official who holds a position outlined in the SA governing documents; all officials must be members of the SA.

Section 3 Oath of Office

a. All officers and staff of the Student Association shall be required to take an oath of office upon their election and/or appointment. b. The oath shall read: As a student of the University of Wisconsin Milwaukee I hereby affirm that I shall faithfully execute the office to which the students of the University of Wisconsin Milwaukee have entrusted to me to the best of my ability, and shall preserve, protect, and defend the constitution of the Student Association and abide by the governing rules of the Student Association.

Article IV Legislative Branch

Section 1 Composition
a. The Student Association Senate shall be the main body of the Legislative Branch. b. The Senate shall be composed of 50 Senators and shall have the following disbursement: 1. Ten (10) Senate Seats shall be designated as At-Large. 2. Five (5) Senate Seats shall be designated for first-year students and shall be elected when the Fall Semester begins through the process outlined in the Senate By-Laws. 3. The remaining 35 Senate Seats shall be designated for each of the Schools and Colleges, with each School or College receiving at least one seat. Further Seats shall be apportioned by a proportional percentage of students enrolled in the particular School or College. c. The previous academic years enrollment figures shall determine the proportion of Senate Seats to be apportioned.

Section 2 Positions

a. The Senate shall form its membership elect a Speaker of the Senate at the first senate meeting to serve as Chair; the Speaker shall retain their voting rights. b. The SA secretary shall be an ex-officio member of the Senate. c. Further Senate positions may be proposed and created through legislation or enacted in the Senate By-Laws.

Section 3 Terms

A Senators term shall last from June 1st of the election year to May 31st of the next year.

Section 4 Removal

Senators may only be removed through impeachment proceedings as outlined in the Senate By-Laws or through recall procedures outlined in the Independent Elections Commission By-Laws.

Section 5 Vacancies

Should Senate Seats be vacated during the Senate Session, members of the SA may apply to fill the vacated seat through processes outlined in the Senate By-Laws.

Section 6 Meetings

a. The Senate shall meet at least once a month, and at least twice during the months of September, October, November, February, March, April. b. The Speaker of the Senate shall serve as chair of the Senate. c. The Secretary of the Senate shall take minutes.

Section 7 Committees

a. The Senate shall have the power to make committees and have the power to appoint students to those committees. b. The Senate shall have the following standing Committees: 1. Senate Appropriations Committee (SAC) 2. Senate Finance Committee (SFC) 3. Senate Oversight and Rules Committee (SORC) c. Standing Senate Committees shall define their purposes and structure through separate By-Laws to be approved by 2/3- majority Senate vote.

Section 8 Powers

a. The Senate shall be the official voice of the students of the University of Wisconsin Milwaukee. b. The Senate shall take stances on issues pertaining to Students. c. The Senate shall have the power of allocating segregated fees is such a manner it sees fit described in Senate and SFC By-Laws as guaranteed by Wisconsin State Statues 36.09(5). d. The Senate shall formulate rules, regulations, and policies that govern the activities of SA. e. The Senate shall have the power of approval of Student Organizational Charters. f. The Senate shall have the power to overturn a Presidential Veto by a 2/3 majority vote. g. The Senate shall have the power to approve all Presidential Nominees. h. The Senate shall have the power to conduct Impeachment of SA officials. i. The Senate shall have the power to approve all SA By-Laws. j. The Senate shall have the power to approve the SA Budget. k. Any power or duty not enumerated here nor outlined in By-Laws is hereby reserved for the Students of the University of Wisconsin Milwaukee.

Article V Executive Branch

Section 1 Composition
The Executive Branch shall be composed of a President, Vice President, SA Secretary, SA Treasurer, and any officer the President sees fit to appoint to his or her Administration.

Section 2 Terms

All Executive Branch terms shall last from June 1st of the Election year to May 31st of the next year.

Section 3 Removal

Executive Branch members may be removed through an impeachment process conducted by the Senate. The President holds the authority to remove any officer he or she appoints to the Cabinet.

Section 4 Succession Section 5 President

The Succession of Power shall be President Vice President Speaker of the Senate SA Secretary.

a. The President shall be the chief administrative officer of the Student Association. b. The President shall have the power to nominate candidates for SA Treasurer, SA Secretary, Student Court Justices, and the Independent Elections Commissioner. c. The President shall have the power to sign or veto legislation, but shall only have seven 7 days to notify the Senate of any veto. The veto shall be included in the next Senate Agenda. Should the President neither sign nor veto the legislation after 7 days the bill shall become law.

d. The President shall not be allowed to veto results of impeachment proceedings nor shall not be allowed to veto Senate Appointments. e. The President shall conduct his or her office as outlined by the Executive By-Laws.

Section 6 Vice President

a. The Vice President shall have the tie-breaking vote in Senate. b. The Vice President shall conduct his or her office as outlined by the Executive By-Laws.

Section 7 SA Secretary

The SA Secretary shall conduct his or her office as outlined in SA By-Laws.

Section 8 SA Treasurer

a. The SA Treasurer shall keep a complete an accurate record of all financial materials of the SA. b. The SA Treasurer shall conduct his or her office as outlined in SA By-Laws.

Section 9 Executive Committees

The Executive Committee shall be composed of the President, Vice President, SA Secretary, SA Treasurer, Speaker of the Senate, and two (2) members of the Senate appointed by the Speaker and confirmed by the Senate.

Article VI Judicial Branch

Section 1 Composition
The Judicial Branch shall have a University Court, which shall have five justices. These Justices may not hold any other office in SA.

Section 2 Terms

The Term of office shall be two years. No justice may serve more than two terms.

Section 3 Positions

a. The Chief Justice shall be the head officer of the University Student Court. b. The Parliamentarian shall be a non-voting member of the Senate, and shall serve as an advisor of rules. c. The Clerk of the Court shall keep the records of the University Student Court.

Section 4 Jurisdiction

a. The University Student Court shall have jurisdiction over the SA governing documents and student organizational governing documents. b. The University Student Court shall have jurisdiction over student violations of University Parking. c. The University Student Court shall have jurisdiction on disputes between student organizations and disputes between students and student organizations.

Section 5 Removal

Any member of the Judicial Branch may be removed by a 2/3 majority vote of senate.

Article VII Elections

Section 1 Independent Election Commission

The Independent Elections Commission shall have the duty of running the Student Association Elections, and Referenda.

Section 2 Independent Elections Commissioner

The Independent Elections Commissioner shall have the duty of overseeing and managing the Independent Election Commission and shall be responsible for appointing additional officers for the conduct of business. The Senate may remove the IEC upon a 2/3 majority vote.

Section 3 Elected Positions

The Office of President, Vice President, and all Senate Seats shall be elected during the Student Association Elections.

Section 4 Date of Elections Section 5 Recall

Student Association Elections shall be held in April as outlined in the IEC By-Laws.

Any elected officer of the SA may be recalled by a petition signed by a percentage of constituents the SA officer represents. The percentage shall be defined in Independent Election Commission By-Laws. Upon a successful completion of recall petitions the Independent Elections Commission shall hold a special election.

Article VIII Bylaws

Senate Bylaws shall take precedent over all other SA Bylaws.

Article IX Amendments
Section 1 Proposal
Amendments to this Constitution may be proposed by either a 2/3 majority vote of Senate or by a petition signed by 5% of the members of SA.

Section 2 Adoption

Amendments to this Constitution shall be adopted by a majority vote of SA members during Student Association Elections.

Article X Enactment
a. This document shall be enacted upon the passage of the Senate by 2/3 vote and a majority of the members of SA. b. This document shall replace any and all previous documents and shall be the Official Constitution of the Student Association of the University of Wisconsin Milwaukee. c. Any previous constitutions are now null and void.