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Hidden recording between SGA candidates could mean disqualification

Elisha Diaz said he was nervous as he and Tanzeem Chowdhury walked into the Cougar Village II lounge. Chowdhury is the vice presidential candidate for REDvolution, which occupies over 80 percent of SGA’s senatorial seats and is known as the organization’s political powerhouse. Diaz, “The We Party II” presidential candidate, has no experience in the organization.

So when the two spoke for nearly 40 minutes, Chowdhury had no idea that Diaz had been secretly recording the conversation from the start. Since the recording’s release, allegations of coercion against Chowdhury have circulated throughout social media. REDvolution has not released an official response.

“I wanted to protect myself,” Diaz said. “No one would believe me (if foul play occurred), because everyone loves (Chowdhury).”

Diaz said that he was approached by a REDvolution member Friday night who said Chowdhury wanted to speak with him. Diaz said Chowdhury implied that if Diaz is elected SGA president, REDvolution would make it hard for him to achieve his goals.

“Whenever (the SGA president) wants to appoint somebody to something, the senate has to approve it,” Chowdhury said in the recording. “And you saw today who won the senate, right? … Because you know you can’t function without a senate, right? … How are you going to get (support) when 84 percent of the senate is (made up of REDvolution members)?”

Diaz then said that he is “fully expecting to lose” the campaign for the presidency.

“See, if you (expect) to lose, wouldn’t you rather get a position right now, and make a difference on campus?” Chowdhury said. “Because you’re a good guy.”

Diaz said the recording was uploaded YouTube early Sunday morning by a friend. By that afternoon, it had been shared on Facebook by supporters and critics of Diaz and Chowdhury. Two versions of the recording, a “shortened” five-minute version and the full 37-minute version, have circulated, all garnering a collective thousand views and allegations of misconduct from both parties.

SGA presidential candidate Shaun Smith said that recording the conversation without the consent of Chowdhury was a Class A violation of the SGA Election Rules and Regulations, because it breaks the Student Code of Conduct. If either candidate is found within violation of the rules, the penalties will result in “disqualification and automatic referral to the Dean of Student’s Office,” according to the election code.

tanzeem_chowdhury

REDvolution vice presidential candidate Tanzeem Chowdhury reacts to the runoff announcement last Friday. | Justin Tijerina/The Cougar

“This is simply petty and a violation of the UH Student Code of Conduct,” Smith said in a statement. “It further damages the credibility of SGA as a whole — this behavior limits the organization’s ability to advocate effectively, and it does not serve students.”

The UH Student Code of Conduct Section 3.21 Photographing or Videotaping reads: “Photographing, videotaping, filming, digitally recording, or by any other means, secretly viewing with or without a device, another person without that person’s consent in any location where the person has a reasonable expectation of privacy, or in a manner that violates a reasonable expectation of privacy. This section does not apply to lawful security surveillance filming, or recording that is authorized by law enforcement or authorized University officials.”

Diaz said the recording wasn’t a violation because the conversation took place in a Cougar Village II lounge, where Diaz said Chowdhury had no expectation of privacy.

“If it was in his room, that would be a violation of (the election code), but it was in a public lounge,” Diaz said.

He said he read the Student Conduct Code after he recorded the conversation but before he sent it to a friend, who sent the recording to another friend who uploaded it onto YouTube.

In the recording, Chowdhury didn’t reveal how much Smith knew about what he was discussing with Diaz. Speaking for Chowdhury and himself, Smith said the conversation was “taken out of context.”

“Tanzeem approached Elisha to ask him if he was planning to concede; ideally, the student body (and the candidates) wouldn’t have to endure another week of elections,” Smith said in his statement. “There was no coercion or intimidation, just Tanzeem’s honest answers to Elisha’s apparently scripted questions. It’s obvious that they cut the video to cater to a fabricated narrative. If you listen to the entire recording, you realize that it is a candid, straightforward conversation between the two of them.”

SGA Election Commissioner Joshua Freed said the runoff elections on Tuesday and Wednesday have not been altered or cancelled at this time.

-Additional reporting by Sara Samora

[email protected]

34 Comments

  • ” Diaz, “The We Party II” presidential candidate, said he wanted to protect himself in case foul play occurred. ”

    CLEARLY Diaz was trying to set up a situation to make Tanzeem look bad.

    “The recording found its way onto YouTube early Sunday morning.”

    CLEARLY Elisha planned this out and aided in getting this video to YouTube.

    I think both people were in the wrong, but at the end of the day I support Shaun and the REDvolution party.

  • So the VP-Elect, a member of the party that has a super majority of the SGA senate, basically told the opposing Presidential candidate that he had no chance of effective rule if he one and asked him to concede? whats the problem?

  • First, by saying “the recording found its way onto YouTube”, it’s making it seem like the recording uploaded itself. In reality, there were a number of steps necessary to get it onto YouTube. You don’t accidentally record someone, you don’t accidentally send said recording to someone, and recordings don’t magically appear on YouTube. There are more components involved than would suggest an accident or involuntary action. This narrative of innocent parties associated with Diaz needs to stop. In no way was this an accident. It was a deliberate attempt to smear someone and plaster a private conversation on a very public medium, during a contentious time.

    While at the end of the day, Elisha should be commended for his determination and drive in this campaign (outside of this instance), he should recognize the situation. While I don’t agree with Tanzeem’s bluntness regarding the difficulty Elisha would face with a REDvolution dominated Senate, I agree that Elisha would be facing a tall order trying to create changes in SGA. This too is excluding the fact that Elisha has no experience whatsoever with this organization, further making it difficult for someone from a different party, winning over a controversial discovery to lead.

    This makes both parties look awful and represents SGA in a horrible light. Again, election season has brought out the worst of SGA and shows, in my opinion, the organization clinging to the only moment of relevance it can muster.

    Ambition should be admired, but it’s place isn’t as the SGA President.

  • That conduct code sounds like it was meant to protect against secret video recordings, such as a camera in the women’s locker room. It talks about visuals, not audio. If audio recordings were indeed illegal on campus, there would be a conflict with state law: http://www.dmlp.org/legal-guide/texas-recording-law

    Even so, there’s very little about this conversation that seems embarrassing to Chowdry or Smith. It’s a very civil conversation, and being asked to concede is hardly intimidation. If Diaz can’t take that kind of pressure, he would make a poor SGA president. Grow up.

    Also this is tame compared to past SGA shenanigans.

  • This kid should not only be investigated by the elections commission board, but by the Dean of Student’s office for violating the student code of conduct.

  • I believe that Elisha has failed himself and the entire support that he had. You just don’t go around recording other people and then handing it off. What do you think would happen? Of course the video/recording was edited. To be honest, I don’t believe Elisha is ready for a leadership position. This is very petty. If you want to win an election, do it without the drama. He acknowledged to the Daily Cougar that he took the risk. I didn’t vote in this election, but now I have a reason to. Integrity is what this kid desperately needs before being elected into a position that represents the entire student body.

  • Okay I honestly don’t pay attention for anything politics because well i just don’t care about it. The way I see it is Elisha was wrong in recording something like that. If you really want to protect yourself just don’t talk to the other party till the election is over. As far as Tanzeem goes he is just scared that Elisha is going to win the election if not there would be no reason to bribe him. Honestly if you are running for an important position like that run fairly and lose fairly it just looks unethical and corrupt for him to do that.

  • The code of conduct was broken. Action should be taken against the party that violated it (Diaz) and call it a day. You can’t break the rules and get away with it. Especially when it’s so blatant. Tanzeem voiced his opinion but for the ears of the opposing campaign, not for the student body. This displays terrible sportsmanship and Diaz is an idiot thinking this would put Tanzeem in the hot seat. Seems like she’s sitting in fire right now.

  • Elisha did not break the Student Code of Conduct.

    3.21 Photographing or Videotaping – Photographing, videotaping, filming, digitally
    recording, or by any other means, secretly viewing with or without a device, another
    person without that person’s consent in any location where the person has a reasonable
    expectation of privacy, or in a manner that violates a reasonable expectation of privacy.
    This section does not apply to lawful security surveillance filming, or recording that is
    authorized by law enforcement or authorized University officials.

    The conversation was held in a public lounge in Cougar Village 2, where anybody could have walked past (and some did, since you can hear other peoples voices in the background). This is just another tactic to scare Elisha into giving up.

    Real Student Code Violations from this case:

    Tanzeem took Elisha into CV2 without signing him in – Student Code 3.14, 3.32, 3.1, 3.2
    Tanzeem, as a senior SGA representative, intimidated a possible future colleague / superior – Student Code 3.16
    Tanzeem degraded Elisha by stating that his senators would not support Eli and that Elis senators had already switched sides – Student Code 3.17

    Campaign Violations:

    Part E Section 2 – candidates are to conduct themselves in an ethically appropriate manner.
    Part E Section 3 – A candidate or volunteer may under no circumstances intentionally interfere with the campaign of another candidate in any way.

  • Quit applying for this stuff wanting to play House of Cards and stop doing what the US congress and senate are presently doing. TBH I dont care who films what, who coerced who because in the grand scheme of things SGA is ridiculous and probably shouldnt be needed if constant crap like this keeps getting posted in every other paper.

  • Sorry to burst everyone’s bubble, BUT, Texas is a one-party consent state with regards to audio recordings. He is not in violation of the Student Code, as they were in a public place, which the common areas of Residence Halls have been determined to be by UHPD. Dean of Student’s Office would be an idiot to actually pursue it, because if they did, they would then be invalidating times the UHPD “overheard” comments in the common area that may have resulted in a ticket or charges, which, they have done many times, and could potentially result in lawsuits. Seems all technical and far reaching, but it’s actually been decided in courts, as it pertains to Higher Ed Law. <–yeah, that exists.

    Odd that no one has looked at: Code 3.17, which is talks about mental harm intended to "demean," which is a bit of the bullying clause in the Code. Some could easily argue that would apply to Tanzeem, or even 3.5 which would be "disruption/obstruction" to university functions or any other university activity," which would be the election itself.

    • If Diaz was mentally harmed, then he would not be suited to be in SGA let alone college.

    • Oh please! I am not into politics, but any rules on campus supersedes other laws. For instance, firearm is allowed in Texas, but not on campus. By agreeing to attend the university, you are agreeing to the code of conduct. Also, privacy has little or nothing to do with location. Parks are as public as they get, yet that’s where some of the most private convos take place. I personally think they’re both scum and should stop thinking they’re on House of Cards, smh.

      • Yes, but this is a situation in which there are no code of conduct rules violated, so it would default to the law. Private conversations do take place at the park, but if they are overheard they then become fair game for warrants. There is no right to privacy in the park.

    • “times the UHPD “overheard” comments in the common area that may have resulted in a ticket or charges, which, they have done many times”.

      Source?

      • My experience. Comb through all of the UHPD reports for the last fifteen years and if they identify where they heard information or witnessed it, and if it was in a common area of a residence hall or overheard by someone in a common area; you’ve got it.

  • Quit applying for SGA wanting to play House of Cards and stop doing what the US congress/senate are presently doing. TBH I dont care who films what, who coerced who because in the grand scheme of things SGA is ridiculous and probably shouldnt be needed if constant crap like this keeps getting posted in every other paper.

  • SGA as a whole at this University has gone way too far and taken a turn for the worse since the 51st Administration. Its all about gaming the system and a fight for power now at this point. What happened to the original intent? What are the real reasons that all of the student leaders come together? Is it not to be the voice of the student population anymore? No longer a board of leaders fighting to make positive strides towards change on campus? I think SGA as a whole needs to reconstituted and everyone should go through some sort of professional development to connect to the original intents and refocus.

  • I served for 5 years as the Social Work Senator on the SGA. Have always been an independent and opposed to party affiliation in student elections. When a dominant group of people gang up on minority group then that is oppression by any definition.

  • Breaking News – SGA Presidential Candidate Elisha Diaz forced to resign due to his own V.P. Solida Chem.
    For those that do not know – in the SGA election, if one or both of the people in a party resigns / gets disqualified, they both must resign. So, Tanzeem got exactly what he wanted.

    Interesting how Chem wants to give up now though, given that she lives in the same building, and I believe on the same floor as Tanzeem Chowdhury, the Senior Resident Adviser of cougar village 2 that has access to every room…..

    • How do you know that it’s due to his vp? For all we know he decided to take the honorable route?

    • Chem resigned most likely due to Diaz’s incompetence in interviews
      and persistence on political goals (such as giving more financial
      benefit but failing to realize where the money comes from).

      Also:
      You and pretty much everyone here are reading way too much into this, in hopes of spurring drama and keeping this fire going.SGA barely does shit too begin with. Everyone with a stick up them over something so trivial is pretty much following a fad.

  • Diaz shot himself in the foot allowing this to be posted. It only reflects upon him that of poor judgment. Like Smith said in the article, it truly was a petty move on Diaz’s part and only solidified in my mind that he is unprepared to take SGA presidency.

  • If Elisha has really dropped out, then Tanzeem should be disqualified as well, on the charges of bribing Elisha.
    Elisha, the fact that Tanzeem thought of bribing you & actually did bribe you, clearly proves that you are a stronger candidate than him and that he was scared of you, he was scared of losing against you. By dropping out, you just poured more oil to the fire of his “over-confidence.” Whatsoever, we are #Eliforever

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