OFFICE OF THE ATTORNEY GENERAL
September 9, 2015
To:
President Espinoza
From: Attorney General Brooks
Re:
Excusals from Mandatory Meetings
Dear President Espinoza,
Thank you for your request on excusals pertaining to the meetings and events that mark
participation in CSUN elections via the elections packet. To prepare this interpretation I
spoke with the UNLV Office of Student Conduct, the UNLV Office of the Registrar, and the
UNLV Office of Admissions. None of these offices were aware of a single uniform policy on
attendance. Therefore this interpretation is based on existing University policies regarding
absences and missed work.
Elections Packet
The Fall 2015 Elections Packet as released on September 9, 2015, requires mandatory
attendance of candidates at certain meetings. Page 7 of this packet indicates that certain
meetings are considered mandatory for all candidates and that the penalty for missing
these meetings is disqualification. This interpretation will clarify the definition of excusals
from these mandatory meetings.
Bylaw 205 as amended by CSUN Senate on August 31, 2015
At CSUN Senate Meeting 45-26, the Senate voted to amend bylaw 205. One such change was
to eliminate the requirement for mandatory attendance at informational sessions related to
elections. CSUN Bylaw 205.12 reads:
“Section 12: the informational session
a) The Assistant Director of Elections may hold, at their discretion, an optional,
non-committal, Informational Session, during the week following the closing of
the filing period. The time, location, and agenda of this meeting shall be posted in
accordance with established policies for posting agendas for open meetings.
b) The function of the informational session is to:
1. Acquaint all students with the basic structure, functions, and authority of
CSUN.
2. Acquaint students with the culture of the CSUN elections process
3. Answer any and all questions students may have about CSUN and how to
become involved in the organization.”
This bylaw clearly removes the mandatory requirement for attendance at informational
sessions related to CSUN Elections. The only remaining reference to mandatory meetings in
bylaw 205.8.d.1.vii, which reads:
“A statement signed by the candidate that he or she is responsible for all
information contained in this Chapter, the CSUN Filing Packet, the CSUN Election
Rules, and that the candidate will attend mandatory meetings as set forth by the
Elections Board.”
As the Fall 2015 Elections Packet produced by the Election Board, approved by the Senate,
and distributed by the Assistant Director for Elections, mandates attendance at several
meetings, this portion of the bylaw provides important context for the question at hand.
The question remains: what constitutes an excused absence from these mandatory
meetings? For this I turned to official University policy on absences due to extra-curricular
activities and catastrophic events.
University Undergraduate Catalogue
The University of Nevada, Las Vegas, Undergraduate Catalogue Fall 2015-Spring 2016
states:
“There are no official absences from any university class. It is the student’s
responsibility to consult with the course instructor regarding absences from their
class. Students may be dropped from classes for nonattendance during the first
week of instruction.”
The Undergraduate Catalogue continues:
“Class attendance policy: registration in a class obligates the student to be regular
and punctual in class attendance. Students who without previous arrangement with
the instructor or department fail to attend the first two class meetings of a course
that meets multiple times per week or the first meeting of a class that meets one
time per week may be dropped from the course. Nonattendance for a web-based
course shall be defined as failure to log onto WebCampus or other instructordesigned website within one week of the course start date without previous
arrangements with the instructor or department. Nonattendance does not release
the student from the responsibility to officially drop any course for which they have
enrolled and choose not to complete, nor from financial obligation to pay for the
course.”
The most current University of Nevada, Las Vegas, Undergraduate Catalogue thus defines
attendance only in relation to attendance of classes and not in relation to extra-curricular
activities such as participation in UNLV CSUN Student Government.
Additionally, the University Undergraduate Catalogue allows for absences based on
religious observance:
“It is the policy of the Nevada System of Higher Education to be sensitive to the
religious obligations of its students. Any student missing class quizzes,
examinations, or any other class or lab work because of observance of religious
holidays shall be given an opportunity during that semester to make up missed
work. The makeup will apply to the religious-holiday absence only. It shall be the
responsibility of the student to notify the instructor within the first 14 calendar days
of the semester of his or her intention to participate in religious holidays that do not
fall on state holidays or periods of class recess. This policy shall not apply in the
event that administering the test or examination at an alternate time would impose
an undue hardship on the instructor or the university that could not reasonably
have been avoided. Any student who is denied a make-up option after appropriately
notifying the instructor, shall have the right to appeal that decision through the
normal appeal mechanism in place.”
However, the University Undergraduate Catalogue also defines “missed work” with relation
to extracurricular activities:
“Students who represent the University of Nevada, Las Vegas, at any official
extracurricular activity shall have the opportunity to make up any assignments or
examinations missed as a result of this event. It is the responsibility of the student to
provide official written notification to the instructor of the course(s) at the earliest
time possible of his or her intention to participate in a university-sponsored event
but no less than one week prior to the date of the missed class(es). This policy shall
not apply in the event that completing the assignment or administering the
examination at an alternate time would impose an undue hardship on the instructor
or the university that could reasonably have been avoided. There should be a goodfaith effort by both instructor and student to come to a reasonable solution. When
disagreements regarding this policy arise, they can be appealed to the department
chair, dean of the college, and the Faculty Senate Academic Standards Committee.
For purposes of definition, extra-curricular activities may include, but are not
limited to, intercollegiate athletics, band, drama, forensics, recruitment, or any other
activity sanctioned by the dean and/or the Executive Vice President and Provost.”
This policy makes it clear that the University identifies certain extra-curricular activities as
sponsored by the University and makes allowances for the absences accrued by those
activities. My interpretation is that CSUN should follow this missed work policy given that
we are a part of the University and govern the undergraduate student body. An adaptation
of this policy is applicable to the Elections Packet, so that if a candidate could not attend a
mandatory meeting due to an extracurricular activity where they represent the University,
and they provided appropriate documentation at least one week in advance, then they
would not be automatically disqualified from the election.
Conclusion
It is not in the best interest of CSUN to limit participation from those students who already
play leadership roles in representing our University through other University sponsored
activities. Therefore, one week advance warning of absence due to intercollegiate athletics,
band, drama, forensics, recruitment, and other university sanctioned activities should be
considered excused absences for the purposes of the Elections Packet. While there is no
existing policy that requires the University to excuse absences on the basis of unexpected
catastrophic events such as the death of a family member, severe illness, an automobile
accident, or natural disaster, it would follow that these events should be treated similarly
and be allowed to be excused as long as proper documentation is submitted in a timely
manner. Additionally it would follow that if a candidate has a class scheduled at the same
time as the mandatory meeting that the candidate should be excused from the meeting. The
Constitution and Bylaws committee would be well served to make this explicit in future
iterations of Bylaw 205.
Please feel free to contact me if you have any additional questions.
Warmest wishes,
Sara Beth Brooks
UNLV CSUN Attorney General, 2015-2016