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No Further Action Needed against Kessler

The Tech received a copy of the following statement, released by the Undergraduate Association Judicial Review Board:

In the matter of Raaj Chitaley's complaint of November 7, 1993 against Douglas Wyatt, the Judicial Review Board does not find any evidence that Wyatt in any way abused his powers as a member of the Finance Board. Investigation has shown that the information for the story which he authored in The Thistle was obtained by entirely legitimate means.

Kessler stated that he knew that Student Activity Account information is private; however he believed that transactions of the Bush Fund, because of the unique character of the fund, are public information. Investigation has shown that this is not the case: the Bush Fund is not an exception. These findings are based primarily on meetings with Associate Dean Andrew M Eisenmann '75 and Director of Legal Affairs Thomas Henneberry. Henneberry gave Kessler general advice on the legality of releasing such information, but specifically told him to ask Eisenmann about the character of the Bush Fund. Eisenmann described his conversation with Kessler as general in nature; he did not authorize the actions that Kessler took and did not feel that Kessler should believe that the distribution of the information was permitted

In the matter of Chitaley's complaint of November 7, 1993 against Kessler, the Judicial Review Board finds that Kessler did willfully and knowingly distribute private account transactions without authorization. In particular, he released photocopies of checks and transaction statements from the Bush Fund to various campus press organizations. The Board does not find that this was done with malicious intent. As Kessler is no longer Finance Board Chairman, the Judicial Review Board sees no further action to take. Agents of the Undergraduate Association who work within an office directly supervised by MIT must adhere to the rules and regulations of that office.

Voted unanimously, February 14, 1994. Released, February 21, 1994.

Undergraduate Association

Judicial Review Board