Date: 14 September 2002
RE: Che Cafe Non-Compliance of Programming Requirements

Dear Marcia,

It is with great surprise and consternation that we read your email.  Most of the concerns that you raise are unfounded, and the way in which you are attempting to resolve your concerns is in flagrant violation of the Memorandum of Understanding.

The disagreement over University approved and bonded security at shows was resolved long ago, and the Oversight Committee minutes show that the Ché Café is not required to hire security.  In addition, section I.F.d. of the MOU states that “Co-ops shall have the right to conduct their own security at Co-op sponsored events.”

We have a current liability insurance policy.  Our insurance company is Armstrong/Robitaille, and our policy number is 200203259NPO.  It is valid until 1 March, 2003.

There is nothing in either the MOU or MSA requiring co-ops to use either a standard University artist contract or a certification of payment form.

Section I.F.c. of the MOU requires that “co-ops shall, in cooperation with their advisor, give a minimum of two (2) weeks notice to the UCSD Administration regarding the scheduling of programmed events.”  It makes no stipulations about principal members being the ones who submit the notifications.

Furthermore, even if we had been in violation of the MOU or MSA, you know as well as we do that section XIII.A of the MOU requires that “in the event of disputes arising between Co-op(s) and UCSD Administration, the AS and GSA Oversight Committee shall attempt informal resolution of the dispute prior to the initiation of formal grievance procedures.  Resolution shall be in a timely manner, not to exceed 30 days, unless extended by all parties.”

Section II.B of the MOU states “Except in the case of emergencies, in the event the UCSD Administration believes that a Co-op has violated one of the items described in paragraph II(A)1-7 above, it will provide the AS and GSA and the respective Co-op with written notice specifying the violations and an opportunity for the Co-op to remedy the alleged violation(s).  For the purposes of this Agreement, the Master Space Agreement, and the Sub-Space Agreements, “Emergency” shall be defined as: “a situation in which human life or property is in clear and immediate jeopardy and prompt summoning of aid is essential,” Because there is no issue of non-compliance, and certainly no emergency, we will continue with our scheduled programming.  If you still have concerns about the Ché Café, feel free to bring them up with the AS and GSA Oversight Committee.

You will receive a hard copy of this letter on Monday, 16 September 2002, accompanied by a copy of our current insurance policy, the MOU and the MSA.

Best Regards,
Ché Café Collective