1. IN THE
SupremeCourtoftheAssociated
StudentsofColoradoState
University
DUANE MICHAEL HANSEN, ET AL.,
PETITIONERS
v.
JASON SYDORIAK, PRESIDENT, ASSOCIATED
STUDENTS OF COLORADO STATE UNIVERSITY,
RESPONDENT
BRIEF FOR PETITIONER
DUANE MICHAEL HANSEN
ADULT LEARNER AND VETERAN SERVICES
STUDENT ACTIVITIES COORDINATOR
LORY STUDENT CENTER
1101 CENTRAL AVE. MALL
FORT COLLINS CO, 80521

2. Duane.M.Hansen@Hotmail.com
i
STATEMENT OF THE QUESTION
Does Executive Order No. 2015-002, “Creating a Veteran Success
Task Force”, authorizing the President of the Associated Students
of Colorado State University to form a task force to investigate
“disappointment with [Adult Learner and Veteran Services’]
attempts at engagement and programming,” violate Article I
Section 109, Article II Section 201, Article III Section 302, and
Amendment III of the ASCSU Constitution and violate Article I
Section B §3, Article I Section C §2, and Article I Section D §1,
§2, §3, and §6 of the ASCSU Code of Ethics.

3. ii
PARTIES TO THE PROCEEDING
Adult Learner and Veteran Services (ALVS) aims to
support non-traditional students in their transition to Colorado
State University (CSU). ALVS provides a broad range of resources
to aid in the advancement of adult and veteran students both
academically and professionally. ALVS supports increased
academic achievement and holistic development for all adult
learners, including but not limited to veterans and student parents,
resulting in graduation from CSU and sustainable personal and
professional success. This is achieved through engagement and
leadership opportunities, community building, and resource
facilitation.1
Associated Students of Colorado State University (ASCSU)
functions as a liaison between the administration, the city of Fort
Collins, the State of Colorado, and the Nation advocating for
student needs whatever they may be. ASCSU is the voice of
Colorado State University Students that works to create a diverse
experience for each student by promoting academic, athletic, and
cultural events held for all students. The Office of the President is
responsible for the oversight of each individual department in
ASCSU and to represent the student body at the local, state, and
national government. It is also meant to be of the utmost direct
relation between the student body and student government by
being present at board meetings, committee hearings, and outreach
programs to ensure communication between as many different
areas on campus as possible. This department consists of the
elected student body president and vice president, as well as chief
of staff and deputy chief of staff who are responsible for the
internal oversight of the Executive Branch, which is managed by
the elected Student Body President.2
1 Alvs.colostate.edu
2 Ascsu.colostate.edu

4. iii
TABLE OF CONTENTS
Page
STATEMENT OF THE QUESTION…………………………… i
PARTIES TO THE PROCEEDING…………………………….. ii
TABLE OF CONTENTS……………………………………….. iii
TABLE OF CITED AUTHORITIES…………………………… v
STATEMENT OF THE CASE……………………………….…. 1
SUMMARY OF ARGUMENT…………………………………. 2
ARGUMENT……………………………………………………. 3
I. Executive Order 2015-002 Violates Senates Enumerated
Authority to Ratify Appointments Made by the Executive
Branch.
A. Executive Order 2015-002 Violates Article I
Section 109 of the ASCSU Constitution………… 3
B. Executive Order 2015-002 Violates Article II
Section 201 of the ASCSU Constitution………… 4
II. Governing Documents and ASCSU Position Job Titles
Outline the Conduct of ASCSU Officials.
A. The Efforts of the President Displays a Behavior
That Does Not Meet the Standard of
Professionalism and Respect Required of ASCSU
Officials………………………………………….. 5
III. ASCSU Officials Have a Responsibility to Maintain the
Image and Integrity of ASCSU as an Organization.
A. The Language of Executive Order 2015-002 and the
Proclamations Made Damage the Image of the
Office of the President and of ASCSU as a
Whole……………………………………………. 7

5. B. Discriminatory Language Within Executive Order
2015-002 Further Damages the Image and Integrity
of the ASCSU Executive Branch………………... 8
iv
IV. Article I Section D §6 of the ASCSU Code of Ethics
Creates Restrictions On the Level of Commitments Any
ASCSU Official Can Make That Purport to Bind ASCSU.
A. The President of ASCSU Overstepped His
Authority By Publically Binding ASCSU to the
Claims of ALVS’ Failure……………………….. 9
B. Executive Order 2015-002 Also Makes a Secondary
Declaration that Further Goes Beyond the Authority
of the President…………………………………..10
C. How the Language of Executive Order 2015-02 is
Binding to ASCSU………………………………10
V. ASCSU Officials Are Required To Uphold and Adhere To
ASCSU Governing Documents………………………….11
A. Through the Actions of the President by Executive
Order 2015-002 the President Has Violated Article I
Section B §3 of the ASCSU Code of Ethics and
Article III Section 302 of the ASCSU
Constitution………………………………………12
CONCLUSION…………………………………………………..12

6. v
TABLE OF CITED AUTHORITIES
ASCSU Constitution:
Article I Section 109: All appointments to ASCSU
positions shall be required to go through the Senate Ratification
Process as defined by Article III, Section 305 of this document,
with the exception of Administrative support positions such as the
ASCSU Administrative Assistant and Front Desk Staff, which
shall be considered non-ratified positions.
Article II Section 201: The Senate shall have the power to
initiate and enact any legislation necessary and proper under this
Constitution; to delegate its authority as it deems fit; to approve all
appointments to any body to which it has delegated authority as
well as the standing officials in the Executive, and Supreme Court
Justices; to affiliate ASCSU with any inter-collegiate or
intracollegiate organizations; to call for special elections; to
oversee and manage their affairs as they deem proper; and to
remove from office any negligent official.
Article III Section 302: The President of ASCSU shall be
the Chief Executive of the Associated Students and shall be
responsible for carrying out the duties and responsibilities of that
office as determined by this Constitution. The President shall sign
all bills enacted by the Senate or shall return them to the Senate
with the President’s veto within two regularly scheduled sessions
of Senate of the passage of the bill. If the President does not sign
or veto a bill enacted by the Senate within the previously stated
time period, then the bill shall be considered vetoed. The President
shall act as the official ASCSU representative to the Board of
Governors of the Colorado State University System. The President
shall act as liaison to the Colorado State faculty and
administration, the state legislature, the governor's office, and the
Congress of the United States. The President shall prepare an
executive budget, which shall be submitted to the Senate for
deliberation and apportionment, with no more than 10.5% of the
total budgeted expenditures allocated for salaries, excluding the
ASCSU Administrative Assistant and any nonratified positions, as
defined by Article 1, Section 109. During the course of the fiscal
year the President may reallocate budgeted and unbudgeted funds,

7. as s/he deems necessary. If the President decides to move funds
between the departments that exist within ASCSU accounts, the
vi
change must be submitted to the Senate in the form of a
Supplemental Funding Bill. The bill shall be written and presented
by the ASCSU President and/or his/her designee. The Senate may
vote to approve the reallocation of funds with a simple majority
vote. The President shall negotiate and act as signatory for all
contractual agreements relating to ASCSU. Throughout
negotiations, the President will keep the Senate updated on
progress and will receive input from the Senate. The President will
present to the Senate, for the purpose of discussion, any contract
that they sign. The President shall coordinate and supervise the
work of the Executive.
Amendment III: Every Colorado State University student
has the right to be recognized as a community, state, and national
and an international citizen; the right to be treated with respect and
professionalism by all administrators, faculty, staff and fellow
students; the right to freedom from discrimination or harassment
on the basis of race, age, color, religion, national origin or
ancestry, sex, gender, disability, veterans status, political beliefs,
handicap, creed, genetic information, or sexual orientation, gender
identity and gender expression.
Other Authorities:
ASCSU Code of Ethics: Article I Section B §3 Officials
shall adhere to the requirements of the ASCSU Constitution, the
bylaws of their individual branches, any laws passed by ASCSU,
and any other supplemental governing documents such as this
Code of Ethics.
ASCSU Code of Ethics: Article I Section C §2 Officials
shall adhere to all laws and regulations that provide equal
opportunity for all as outlined in Amendment III of the Bill of
Rights of the ASCSU Constitution.
ASCSU Code of Ethics: Article I Section D §1 Officials
shall treat others with respect and act in a professional manner.

8. ASCSU Code of Ethics: Article I Section D §2 Officials
shall not act to deny any member of ASCSU any of their rights as
delineated in the ASCSU Bill of Rights.
vii
ASCSU Code of Ethics: Article I Section D §3 Officials
shall not act in a manner to damage the image of ASCSU with the
Student Body, the Faculty, the Administration, or the Community.
ASCSU Code of Ethics: Article I Section D §6 Officials
shall make no unauthorized commitments or promises of any kind
purporting to bind ASCSU.

9. 1
STATEMENT OF THE CASE
On July 6, 2015, ASCSU President Sydoriak released
Executive Order 2015-002 “Creating a Veteran Success Task
Force” in an email with the ASCSU Bi-Weekly Report. Outlined
within Executive Order 2015-002 are multiple whereas clauses
stating that the President has received written and verbal
testimonies expressing “discomfort being in the ALVS office and
disappointment with its attempts at engagement and
programming.” The President continues to declare that other
veteran non-profits and institutions are either dissuaded or ignored
by the ALVS office. Furthermore, the President describes a
responsibility for all citizens to build a “civic space that empowers
not only each other, but most importantly veterans.” The purpose
of this space according to the President is to foster an environment
for veterans to develop themselves to their full potential in an
environment outside the military. Finally, the President proclaims
that the Student Fee Review Board (SFRB) has failed to provide
the proper level of oversight over the ALVS office.1
Using these proclamations of systemic failure as rationale,
the President set his hand to create an ASCSU Executive Veterans
Success Task Force to investigate these alleged failures. This
impartial task force’s membership will be comprised with “consult
and shall not contain only ASCSU officials” and report directly to
the President and Vice-President only. This Task Force will accept
and review all data, testimony, research, and other such evidence
whose findings will be presented to the ASCSU Senate.2
This Task Force and its efforts work independently of the
already established university processes and policies in place and
is vested with the authority of oversight of departments such as the
ALVS office. Executive Order 2015-002 was announced without
the President discussing the testimony of students displeased with
the office with the Director of ALVS or any of its other staff
members. Executive 2015-002 was also released without the
feedback or input of previous members of SFRB who provided the
budget oversight of the student fees that fund the ALVS office.
The President’s Executive Order 2015-002 further bypassed
internal administrative oversights such as the Program Review
process by the Division of Student Affairs (DSA).3
1 Executive Order 2015-002 Whereas clauses 1, 2, 3, and 5.
2 Executive Order 2015-002 Therefore clauses 1 and 2.
3 Testimony of Professional staff of ALVS and SFRB leadership from the 2014-
2015 session.

10. 2
SUMMARY OF ARGUMENT
I. Executive Order 2015-002 violates the Constitution of
ASCSU by not following the enumerated power vested to the
Senate to ratify any appointments made by the Executive or
Judicial branches. The Senate was unable to ratify members of the
task force because the task force was formed during the summer
semester while Senate was out of session. Forming a task force
while Senate was out of session violates Senate’s constitutional
authority to ratify the task force members.
II. Within each ASCSU Officials’ job description is the
expectation that each official must maintain a level of respect and
professionalism. Respect and professionalism toward students,
faculty, staff, and university administrators. By releasing Executive
Order 2015-002 in the manner that was done violates the ASCSU
Constitution and the ASCSU Code of Ethics. The President failed
to speak with members of the ALVS office prior to releasing the
Executive Order. This lack of investigation into the ALVS office
and its student and administrative oversight, and yet publically
declaring the ALVS office and its oversight a failure, falls short of
meeting the standard of respect and professionalism required of
ASCSU officials. Executive Order 2015-002, for these reasons,
violates the ASCSU Constitution and the ASCSU Code of Ethics.
III. The failure of the President to do his due diligence
regarding the effectiveness of the ALVS office and publically
proclaiming this failure in Executive Order 2015-002 further
violates the ASCSU Code of Ethics by damaging the image of
ASCSU. Student veterans in particular have lost respect for the
office of the ASCSU President and ASCSU as a whole. Many of
those who visit the ALVS office are diametrically and vehemently
opposed to the proclamation that the office had failed. Executive
Order 2015-002 further damaged ASCSU’s image by utilizing
discriminatory language. By drafting Executive Order 2015-002,
the President has damaged the image of ASCSU and thus violated
the ASCSU Code of Ethics.

11. 3
IV. There are several declarations made in Executive Order
2015-002 that imply a binding commitment to ASCSU without
authority thus violating the ASCSU Code of Ethics. By publically
proclaiming the perceived failures of the ALVS office and the
SFRB on ASCSU letterhead in a formal document, and speaking
on behalf of the Associated Students without the input of Senate,
the President has committed ASCSU to these declarations. Further,
within Executive Order 2015-002 is a description for a veterans’
only space to be created on campus. These two commitments made
in Executive Order 2015-002, therefore, violate the ASCSU Code
of Ethics.
V. As an ASCSU official, the President is bound to uphold
the ASCSU Constitution and other governing documents.
Executive Order 2015-002 has violated both the ASCSU
Constitution and the ASCSU Code of Ethics.
ARGUMENT
Executive Order 2015-002 released by President Sydoriak
on July 6, 2015 reveals a comprehensive effort by the Executive
Branch to expose inefficiencies within the ALVS office and to
investigate these deficiencies. However, the Executive Order also
reveals a comprehensive violation of ASCSU governing
documents: primarily the ASCSU Constitution and the ASCSU
Code of Ethics. The declarations made in Executive Order 2015-
002 compromise the integrity of the ALVS office and leave little
recourse for the ALVS office to take. Bypassing the already
existing forms of oversight to challenge the integrity of the ALVS
office is an unwarranted use and overstep in Executive authority.
I. Executive Order 2015-002 Violates Senate’s Enumerated
Authority to Ratify Appointments Made by the Executive
Branch.
A. Executive Order 2015-002 Violates Article I Section
109 of the ASCSU Constitution.
Article I Section 109 of the ASCSU Constitution states:
“All appointments to ASCSU positions shall be required to go

12. 4
through the Senate Ratification Process as defined by Article III,
Section 305 of this document, with the exception of Administrative
support positions such as the ASCSU Administrative Assistant and
Front Desk Staff, which shall be considered non-ratified
positions.” Executive Order 2015-002 lays out the foundation of
forming a task force reportable to the President and Vice-President
of ASCSU only. It vaguely details a selection process to be
conducted by the President himself. The Executive Order further
provides the process in how the task force will collect information
regarding the efficiency of the ALVS office and that the task force
will present its findings to the ASCSU Senate. What is missing
from the Executive Order, however, is the process by which
members of the task force will be ratified. Selecting this task
force’s membership without ratification bypasses Senate’s
authority to ratify its membership. “All appointments to ASCSU
positions shall be required to go through the Senate Ratification
Process… (emphasis added)”. Article I Section 109 is explicit in
its guidance that all members selected by the Executive branch,
even for a task force, are to be ratified by the ASCSU Senate. By
bypassing this process, Executive Order 2015-002 is violating
Senate’s vested authority in ratifying membership within an
Executive Branch task force.
B. Executive Order 2015-002 Violates Article II Section
201 of the ASCSU Constitution.
To further understand Senate’s role in ratification and how
Executive Order 2015-002 violates this role, an analysis of Article
II Section 201 will be necessary. Article II Section 201
supplements Article I Section 109 which states: “The Senate shall
have the power to initiate and enact any legislation necessary and
proper under this Constitution; to delegate its authority as it deems
fit; to approve all appointments to any body to which it has
delegated authority as well as the standing officials in the
Executive, and Supreme Court Justices; to affiliate ASCSU with
any inter-collegiate or intracollegiate organizations; to call for
special elections; to oversee and manage their affairs as they deem
proper; and to remove from office any negligent official.”
Executive Order 2015-002 creates a task force selected by the
President which falls under the definition of a body and thereby of
delegated authority. Article II Section 201 explicitly states

13. 5
Senate’s authority “…to approve all appointments to any body to
which it has delegated authority as well as the standing officials in
the Executive… (emphasis added)”, and further defines Senate’s
role in ratification of the task force’s members.
Executive Order 2015-002 was released during the 2015
Summer semester while Senate was out of session. There exists no
language that states the President intended to call a special session
for the purposes of ratification or to seek out ratification once
Senate resumes in the Fall semester. Executive Order 2015-002
also sets out to create an impartial task force meant to investigate
the ALVS office. However, due to declarations that reveal a bias
toward the office and without the impartiality of Senate a truly
impartial task force cannot be formed. That is why the Senate
Ratification Process exists and therefore should not have been
undermined by Executive Order 2015-002.
II. Governing Documents and ASCSU Position Job Titles
Outline the Conduct of ASCSU Officials.
A. The Efforts of the President Displays a Behavior
That Does Not Meet the Standard of Professionalism
and Respect Required of ASCSU Officials.
One of the most important attributes of being an ASCSU
official is carrying themselves with a specific level of decorum.
ASCSU governing documents set an expectation of these qualities;
chief among them are respect and professionalism. The President
of ASCSU is to embody these qualities at the highest level setting
the example for the rest of ASCSU and the student body as a
whole. The President failed to meet these standards when releasing
Executive Order 2015-002. The President makes a conclusive
claim about the effectiveness of the ALVS office based on a
“seemingly large portion of veterans” expressing discomfort in the
office. This conclusion is stated in Executive Order 2015-002 as a
level of dissatisfaction so prevalent that a reorientation of the
efforts of ALVS to support veterans is required. However, this
claim and its conclusion were made without any communication
between the office of the President and the Director of ALVS or
any of ALVS’s staff members.
Further, the President states that the Student Fee Review
Board, which is the sole authority to maintain accountability to

14. 6
student fee funded areas—such as the ALVS office—did not
provide strong oversight into the functions and programs of the
ALVS office. The President again concludes that, due to the
accusations of a “seemingly” large portion of veterans, a deeper
level of investigation is required.
Both of these claims and their conclusions made by the
President are based on mere hearsay. The purpose of the task force
formed in Executive Order 2015-002 is to investigate complaints
from a portion of veteran students on campus or off-campus
veteran-based institutions against the ALVS office. To publically
declare these conclusions prior to the findings of the task force is
fundamentally inappropriate. Even more troubling is that these
declarations were made without discussing complaints with the
ALVS office. The Director of ALVS and the Program Coordinator
were not approached regarding the concerns outlined in Executive
Order 2015-002, nor were the two Veteran Success Coaches within
the ALVS. Student staff of the ALVS were also not approached
with any concerns over the perceived failures of the office.
Continuing with the lack of communication, the Student Veterans
Organization was also left out of the discussion on concerns
regarding the office, a key group of veterans directly involved in
the type of support the President seeks to bolster, and tied into the
ALVS office.
To put this action into context, it would be akin to two
separate units within the military. Two unit commanders with
similar goals in mind but have two separate approaches toward
achieving their goals. The first of these unit commanders does not
care for the approach of the second unit commander. Instead of
discussing the issue between the two commanders or going
through the proper channels the first unit commander claims the
second commander’s entire unit a failure in a public document on
military letterhead. This sort of action breaches all standards of
respect and professionalism within a military environment.
Professional and academic environments are no exception.
By presenting the claims and conclusions made before the
formation of the task force or the release of its findings, in a formal
document representing all of ASCSU, and without prior
communication with the ALVS office leadership, the President
acted with egregious disrespect and a lack of professionalism
expected of an ASCSU official. This clearly violates Amendment

15. 7
III of the ASCSU Constitution and Article I Section D §1 of the
ASCSU Code of Ethics.
The President also displayed a lack of respect to the
community of adult learners and student veterans who frequent the
ALVS office and the professional and student staff who work
diligently to ensure they are meeting the needs of clients. Further,
there are several student groups who utilize the space and services
of the office and coordinate programming efforts through the
ALVS. By claiming the ALVS has failed at their mission
implicates the student groups and staff who have built a
community of support out of the office of failure. This lack of
respect and professionalism toward the office and, consequently,
the other student groups within the ALVS office go against Article
I Section D §1 of the ASCSU Code of Ethics; Executive Order
2015-002 is also a clear violation of Amendment III of the ASCSU
Constitution. Amendment III clearly states that “[e]very Colorado
State University student has the right to be recognized as a
community…” (emphasis added). As the ALVS office acts as a
conduit for these different student groups, the President has
violated the rights protected by Amendment III of the ASCSU
Constitution.
III.ASCSU Officials Have a Responsibility to Maintain the
Image and Integrity of ASCSU as an Organization.
A. The Language of Executive Order 2015-002 and the
Proclamations Made Damage the Image of the
Office of the President and of ASCSU as a Whole.
The ALVS office, as a student-fee-funded area, works
closely with ASCSU and the SFRB. The ALVS office has had a
strong relationship previous to the release of Executive Order
2015-002 in ensuring that the ASCSU and SFRB were validated in
their efforts to fund and continue funding the ALVS office. Since
the release of Executive Order 2015-002 with no communication,
cooperation, or coordination between the Office of the President,
ASCSU, SFRB, ALVS, or the DSA, serious damage has been done
to the image of ASCSU. Members of the staff, either professional
or student, were blind-sided by the accusations made in Executive
Order 2015-002. With no communication prior to the release of
Executive Order 2015-002 with ALVS, staff and community

16. 8
members within ALVS have lost respect for the President of
ASCSU and in-turn ASCSU as a whole.
Because of the damage done to the integrity of the ALVS
in such a public fashion, an environment unfriendly to the ASCSU
Executive Branch now exists within the office. Primarily, students
who visit the office and are part of the community have reacted
negatively toward the claims released in Executive Order 2015-
002; the very people whom the President is attempting to empower
through a civic space. This schism created by Executive Order
2015-002, which damages the image of ASCSU with the ALVS
staff and student community directly contradicts Article I Section
D §3.
B. Discriminatory Language Within Executive Order
2015-002 Further Damages the Image and Integrity
of the ASCSU Executive Branch.
Within the third “whereas” clause of Executive Order
2015-002 is language discriminatory to non-veteran adult learners
and traditional students. This discrimination comes in the form of
an inverse declaration by stating: “it is the responsibility of all
citizens to create a civic space that empowers not only each other,
but most importantly veterans” (emphasis added). By stating
“…most importantly veterans” the President is also stating that
non-veteran adult learners and traditional students are a secondary
concern to that of veterans. However, this appearance of a bias
goes beyond that of the student body: “it is the responsibility of all
citizens…” (emphasis added). This implies that a citizen’s duty is
to place one class—veterans—above all others. This creates the
outward appearance of a bias in favor of an incredibly small
fraction of the overall student body population; a demographic in
which the President is a member. This language does more than
imply a bias, it is also exclusive of input from the veteran
demographic Executive Order 2015-002 addresses while further
isolating those of the adult learner demographic.
Through Executive Order 2015-002, the President is
speaking on behalf of a “seemingly large portion” of the veteran
population on campus; however, the President did not open a
public forum for veteran input before it. Not only is this denying a
voice to the larger veteran population on the matter, but it creates a

17. 9
wedge between the larger populations served through the ALVS
office and veterans. Executive Order 2015-002 completely ignores
the mission of the ALVS office which serves adult learners and
veterans. Veterans fall under the umbrella category of adult
learners and it is grossly inappropriate of the President to insert
executive agenda issues into ALVS’ mission. The mission of
ALVS is determined through office representation by its advisory
board. By placing veterans in a higher regard than that of the larger
overall population served by ALVS creates a classist and
discriminatory environment that is injurious to the image of the
ASCSU Executive Branch.
Due to the clearly discriminatory language utilized in
Executive Order 2015-002, the President has violated Article I
Section C §2, Section D §2, and Section D §3 of the ASCSU Code
of Ethics as well as Amendment III of the ASCSU Constitution.
IV. Article I Section D §6 of the ASCSU Code of Ethics Creates
Restrictions On the Level of Commitments Any ASCSU
Official Can Make That Purport to Bind ASCSU.
A. The President of ASCSU Overstepped His Authority
By Publically Binding ASCSU to the Claims of
ALVS’ Failure.
There are several clauses within Executive Order 2015-002
that make declarations as to the status of the ALVS office that,
whether or not these claims have substantive support, have a
binding affect on ASCSU. In Executive Order 2015-002’s second
“whereas” clause, the President makes the claim that a “seemingly
large portion of veterans have expressed discomfort being in the
ALVS office and disappointment with its attempts at engagement
and programming.” Building on this premise, the President
continues by claiming that student veterans are not the only ones
discouraged from entering the office. Veteran non-profits and other
institutions external to the ALVS office are “turned away or
ignored altogether.” These two premises lead the President to
declare the office as having failed to such a degree as to require
reorientation.
The President makes further declarations within Executive
Order 2015-002 in the fifth and final “whereas” clause. Further,
following the premises laid out within the second whereas clause,

18. 10
the President declares that the SFRB, tasked with budget and
programming oversight of student fee funded areas, has not
provided enough scrutiny within its oversight and that a more
thorough level of scrutiny must be applied to the ALVS office.
B. Executive Order 2015-002 Also Makes a Secondary
Declaration that Further Goes Beyond the Authority
of the President.
Nestled within Executive Order 2015-002 is a “whereas”
clause that defines a space devoted to veterans. This “whereas”
clause states: “it is the responsibility of all citizens to create a civic
space that empowers not only each other, but most importantly
veterans,” followed by “[t]he challenge is not necessarily creating
a space that just supports them, but rather creating one that helps
them realize their full potential in an environment outside of the
military.” Taking these two statements together reveals the intent
to create a veteran-only space.
Examining the first statement, it states specifically to create
a civic space for, most importantly, veterans. The logic behind the
President’s veteran-only space is continued in the second phrase
when stating: “…not necessarily creating a space that just supports
them, but rather creating one that helps them realize their full
potential…” (emphasis added). This language within the third
whereas clause specifically illustrates that the creation of a space
for veterans is a priority. It uses language that isolates a specific
demographic that exists on campus that currently receives its
support through the ALVS office under the umbrella term of adult
learner and instead implies a division of this office as the intent.
C. How the Language of Executive Order 2015-02 is
Binding to ASCSU.
Article I Section D §6 of the ASCSU Code of Ethics states:
“Officials shall make no unauthorized commitments or promises of
any kind purporting to bind ASCSU.” This language is specific in
its intent preventing undue liability for ASCSU. Declarations are a
form of binding language that may pose a liability. To declare is to

19. 11
make known, publically or formally, the beginning of a state or
condition; a written public announcement of intentions or of the
terms of an agreement.4 What makes these statements declarative
in Executive Order 2015-002 begins with “whereas.” Whereas,
when used in legislative writing such as an executive order, shares
the same meaning as “because” and is used to explain the
conditions behind the enactment of legislation.5 Both of these
definitions fall within the purpose of an executive order. The
purpose of an executive order is to either instruct the executive
branch or make declarations by the President.6 Executive Order
2015-002 is not strictly a document instructing the executive
branch. If Executive Order 2015-002 were simply a directive from
the President it would state the simplest of facts, or presumed facts,
such as concerns with the ALVS office, and order the formation of
the Veterans Success Task Force. Instead, the President chose to
include declarative language in a formal document on ASCSU
letterhead making conclusions prior to the investigation performed
by the task force. Further, the President illustrates his intent for a
veteran-only space on campus with the third whereas clause of
Executive Order 2015-002.
Within Article One Section D §6 of the ASCSU Code of
Ethics is “…no unauthorized commitments or promises of any
kind purporting to bind ASCSU” (emphasis added). To purport
something is to “appear or claim to be or do something,
especially falsely…”7 By stating the conclusions the President
makes in Executive Order 2015-002 in a formal document without
the results of the task force the President is purportedly binding
ASCSU to these claims: a violation of Article One Section D §6 of
the ASCSU Code of Ethics.
V. ASCSU Officials Are Required To Uphold and Adhere To
ASCSU Governing Documents.
A. Through the Actions of the President by Executive
Order 2015-002 the President Has Violated Article I
Section B §3 of the ASCSU Code of Ethics and
Article III Section 302 of the ASCSU Constitution.
4 Definitions 1.1 and 1.3 oxforddictionaries.com
5 Definition http://legal-dictionary.thefreedictionary.com/Whereas
6 http://www.heritage.org/research/reports/2001/02/the-use-and-abuse-of-
executive-orders-and-other-presidential-directives
7 Definition oxforddictionaries.com/us/definition/american_english/purport

20. 12
The straight-forward language of Article I Section B §3 of
the ASCSU Code of Ethics allows for little interpretation. Any
violation of ASCSU governing documents including, but not
limited, to the ASCSU Constitution and the ASCSU Code of
Ethics is a violation of Article I Section B §3. Further, Article III
Section 302 specifically states the President’s duty to be
“responsible for carrying out the duties and responsibilities of that
office as determined by this Constitution.” It has been illustrated
how Executive Order 2015-002 has violated the ASCSU
Constitution and the ASCSU Code of Ethics in multiple ways.
Because of these violations Executive Order 2015-002 is in
violation of Article I Section B §3.
CONCLUSION
Based on the reasons stated above this Court should find
Executive Order 2015-002 in violation of the ASCSU Constitution
and the ASCSU Code of Ethics and should thus be enjoined.
Respectfully submitted,
DUANE M. HANSEN
ADULT LEARNER AND VETERAN SERVICES
STUDENT ACTIVITIES COORDINATOR
LORY STUDENT CENTER
1101 CENTRAL AVE. MALL
FORT COLLINS CO, 80521
Duane.M.Hansen@Hotmail.com