UPDATED: More information has been added to this report.
In a suit between Florida A&M University and a university student, Florida public universities have signed a brief in support of the university’s position that Student Government at the university level “is not real Florida government.”
Justin Bruno won FAMU’s Student Body election race for president. After his opponents filed election violations complaints for an alleged mishandling of ballots, the Student Supreme Court ruled to hold a re-election.
The university’s president upheld the decision.
The Tallahassee Democrat reported Bruno accused the president of meddling in student elections, and he is suing the university’s Board of Trustees to stop the re-election. In the claim, Bruno asserts his right to argue against the election violations weren’t met.
FAMU filed a response April 12, arguing a student’s participation in extracurricular activities, such as Student Government, is a privilege, not a constitutional right. Bruno doesn’t have a right to due process, FAMU argued, but the Leon County circuit court ruled in Bruno’s favor, holding off on a school-wide election.
The circuit court judge ruled instead to hold an election only at the law school, where the alleged election violations occurred.
On April 22, an amicus brief, a supporting brief where the party has no legal stake in the case, was filed on behalf of the other 11 state universities in Florida.
The brief argues that because Student Government is a “learning laboratory” for students, the judicial court systems “should not become the superintendent of extracurricular student affairs.”
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The brief cites more than 40 cases and includes past cases involving UF. It also refers to Student Government as “mock democracies” and “student-run mock governments.”
"They’re saying that Student Government is all fake. And that’s it."
In the brief, the universities compare Student Government to student organizations such as band and athletics.
According to the brief, the universities are looking to argue for immunity from suits based on the actions of Student Governments when state or federal law haven’t been broken.
Clay Calvert, the director of the Marion B. Brechner First Amendment Project, said the universities signing onto the brief means they have an interest in the outcome.
He said by filing the supporting brief, the universities are looking to have the case dismissed. But he added that the universities referring to Student Government as anything but a Florida government is demeaning to the students in SG.
“The characterization of a Student Government as a ‘mock democracy’ or a laboratory for democracy on campus is truly incorrect,” he said. “This brief is making that assertion on behalf of these Board of Trustees. They’re saying that Student Government is all fake. And that’s it.”
He said the public status of the universities means constitutional rights still apply.
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Student government’s existence at Florida public universities is mandated by Florida Statute 1004.26.
State universities are also immune from cases that stem from Student Government, unless a state or federal law is broken, according to the statute.
UF SG’s budget is the highest of all the universities that signed on the supporting brief.
At UF, SG uses its $20-million budget to fund events, construction and student organizations.
The local fee committee, which has four students who serve as voting members, listens to organizations across UF and works to create funding through student fees.
UF SG’s budget is the highest of all the universities that signed on the supporting brief.
Frank LoMonte, the director of the Student Press Law Center, said the legitimacy of Student Governments is authorized by the Florida Legislature.
He said it’s rare to see universities come together and sign a brief, but the universities might be doing this because they believe they’re at risk of losing a degree of authority.
“The principle is pretty well-established in the law that a Student Government is a government agency because they spend student fees,” LoMonte said. “I think it’s a pretty tough argument that it’s nothing more than a club.”
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Student Body President Susan Webster, who sits on the UF Board of Trustees, wrote in an email statement that SG is an important leadership experience in college.
Last year, the salaries of the Student Body president, vice president and treasurer totaled $28,000, which is funded by student fees, according to Alligator archives.
“It’s not a real government; it’s a learning government. It’s a student learning laboratory.”
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UF spokeswoman Janine Sikes said UF stands by FAMU’s position.
“Any decision affecting FAMU could potentially affect the University of Florida as well,” Sikes said.
She said she could not comment specifically about the brief, but she said UF agrees that SG is a learning laboratory for students.
“It’s not a real government; it’s a learning government,” she said. “It’s a student learning laboratory.”
At UF, there are 98 positions for student senators to represent the student population of 49,785.
Since Fall 2014, Preston Jones has been one of those senators for Hume Hall.
He said he spent about 10 to 15 hours a week outside of Senate meetings and committee meetings, working on issues and legislation.
But even before he stands up to argue against or for resolutions or bills or nominations, the 20-year-old political science sophomore knows he’s lost before he’s out of his chair.
“It’s a lesson of the realities of politics where he who has the power is going to use it, and if you get left out of that group, a lot of times you end up not having your voice heard,” Jones said.
He said his position in the minority party means any legislation he tries to pass won’t make it past standing committees most of the time.
He said he doesn’t consider UF’s SG a democracy at all. Next Fall, he’s decided not to run for Student Senate.
“It’s also difficult at the same time, because rarely do you see people stand up and say, ‘Maybe this isn’t the best for students,’” he said. “It’s easier just to laugh than cry at the crazy.”
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Across Florida, multiple lawsuits concerning Student Government at public universities are taking place.
At the University of Central Florida, Jacob Milich is battling his university after he was taken off the ballot for Student Body president this past Spring semester.
After multiple election violations were filed against Milich, the election commission held a meeting to hear the complaints. Milich said the meeting, which was closed to the public, was when he was taken off the ballot, according to Alligator archives.
Five days after UCF signed on to the supporting brief, the university made a motion to dismiss the case brought against them by Milich, citing the brief.
“All twelve of Florida’s state universities agree that a Student Government is not a real Florida government, and its elected student officers are not real Florida ‘public officials,’” UCF’s motion claims.
Knight News, a student newspaper at UCF, launched a suit against the university this year after the meeting was closed to the public.
In that case, the paper is arguing that Florida’s Sunshine Law allows public access to public officials, including those in SG.
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On May 9, another supporting brief was filed, disagreeing with the universities’ claim.
Sabrina Philipp, 22, who started the Not My System movement back in February, signed on the brief, along with Knight News.
The brief asserts that Student Governments at the Florida public universities control a combined $80 million, which they say legitimizes the existence of Student Governments.
