The Joint Grievance Board on Thursday delivered its second ruling in less than a month in the contested campuswide race for University Council representative.

The board met on April 17 to hear a grievance from Mackenzie Cooper, the incumbent council representative, who alleged violations of the Elections Code committed by her opponent, Irene Cui, and John Ferrara, the president of the University’s Young Democratic Socialists of America chapter.

Cooper, a junior majoring in philosophy, politics and law, had said that social media posts, including one saying she was a “pro-apartheid lobbyist,” had defamed her. She argued that this was unprotected speech and violated the Student Association’s prohibition on negative campaigning.

Comprised of four members of the SA Judicial Board, the Graduate Student Organization’s chief judicial officer and two members elected by the GSO Senate, the board unanimously ruled that Cui, a sophomore majoring in economics, was “not responsible” for her supporters’ actions “because she made ‘good faith’ efforts to prevent their actions.”

“Given these findings, there is no action that the Joint Grievance Board could take against John Ferrara or the YDSA, even assuming that their conduct was in fact defamatory,” the decision read.

It added that Cooper did not provide evidence that Cui “‘explicitly’ accepted the services of Ferrara or the YDSA.” In their testimony, both Cui and Ferrara, a senior double-majoring in biology and Italian, said that neither YDSA nor Ferrara served as Cui’s campaign staff, and that she had rejected the YDSA’s endorsement.

“Though it is certainly plausible (and perhaps even probable) that Cui was aware of the posts made by Ferrara and the YDSA, the Petitioner was not able to provide any evidence — beyond the fact that Cui was tagged in some of the posts in question here — that Cui was actually aware of the conduct that was occurring,” the board wrote.

In preliminary results released by the Elections Committee, Cui received just 36 votes more than Cooper. The SA Congress, at its last meetings, tabled certification of the BU Council representative race pending the outcome of the Joint Grievance Board’s ruling. It also tabled certification at a meeting on April 1.

“It’s truly disappointing to see how the polarization we associate with national politics has now infiltrated campus elections,” Cooper wrote to Pipe Dream. “This election was supposed to be about improving the student experience, advocating for student voices, and making real, positive change at Binghamton. Instead, it became distorted — driven not by ideas or vision, but by personal attacks and identity-based smears.”

“The decision of this Joint Grievance Board sets an incredibly dangerous precedent,” she added. “It signals that mudslinging, misinformation, and discriminatory rhetoric are acceptable strategies for winning elections on this campus. That is not the kind of campus culture we should accept, and it is not the kind of student leadership our community deserves.”

The board’s decision follows another released on April 1 that allowed Cui back on the campuswide ballot five days after the election was held on March 27. She was previously removed from the ballot amid contentious debate over her eligibility, which centered around interpretations of a clause in the SA’s Management Policies.

Cui was temporarily restored to the ballot on March 20, just hours before the candidates in this year’s election met in a debate.

“I concur with the Joint Grievance Board’s decision to rule in my favor,” Cui wrote to Pipe Dream. “Throughout my campaign, I worked hard to run with integrity and fairness, and ensured that anyone offering support did so within the bounds of our election rules. I’m extremely grateful for all the support and look forward to serving our campus community!”

Though the grievance process has been explored before — notably in 2023 — this year’s election has seen unprecedented intervention by the Judicial Board and the Joint Grievance Board.

“We believe that the board’s unanimous ruling in our favor is both rational and just,” wrote Ferrara and the YDSA. “We stand by our protected free speech that criticized Cooper’s Zionist politics and her stipend from the Israel on Campus Coalition. Our student organizations and elected officials should stand against a state committing genocide, not for it.”

The Judicial Board, earlier this month, also ordered a special election for executive vice president in a decision marked by its tone. It described the SA’s Elections and Judiciary Committee’s actions in terms including “grievously erred,” “erroneously” and “inexcusable.” The results are expected to be announced soon.

Editor’s Note: Joseph Brugellis, a member of the Joint Grievance Board, is an assistant news editor. He had no part in the writing or editing of this article.