National Constitution Article XIX

Article Summary: Article XIX of the National Constitution defines the disciplinary actions of the National Council, including the authority of the Council to discipline any Chapter or Member, and describes punishable offenses and disciplinary actions.

ARTICLE XIX: DISCIPLINARY ACTIONS OF THE NATIONAL COUNCIL

Section 1: Chapter Delinquencies

1. A Delinquent Chapter is a Chapter that has failed to submit all Reports, Dues and Fees to the National Office by the appropriate deadline.
1. The National Office shall contact a Delinquent Chapter as soon as possible to notify them about its delinquency and make attempts to rectify the delinquency.
2. Disciplinary Action for Chapter Delinquencies
1. A Delinquent Chapter shall be subject to a fine determined by the National Council.
2. A Delinquent Chapter shall lose all Grand Chapter voting and reimbursement privileges until all delinquencies have been resolved.
3. Further disciplinary action may be taken, according to Section 2, if deemed necessary action by the National Council.
4. Disciplinary action levied as a result of delinquent reports, dues and fees cannot be appealed.

Section 2: Offenses

1. A Chapter and/or Member shall be disciplined, according to the severity of the offense, for the following reasons:
1. A Chapter or Member acting in a manner contrary to the National Constitution
2. A Member acting in a manner that is considered conduct unbecoming of a Member of Phi Sigma Pi
2. Disciplinary action shall include, but is not limited to probation, suspension, revoking of Chapter charter, or expulsion.
1. If a Chapter is suspended the Collegiate Members of that Chapter shall be considered suspended as well for the duration of the Chapter’s suspension, unless National Council votes to remove a Member from suspension.
3. A three-fourths (3/4) majority vote of the National Council shall be necessary for disciplinary action.

Section 3: Summary Suspensions

Any National Officer may summarily suspend a Chapter or Member of Phi Sigma Pi whenever such action shall be believed necessary to ensure the continued, orderly functioning of Phi Sigma Pi and/or to protect life or property.

1. A three-fourths (3/4) majority vote of the National Council shall not be immediately required, but shall be obtained within thirty (30) days for the suspension to remain in effect.
2. The National Office shall immediately notify the Chapter or Member of the suspension and instruct the Chapter or Member to not engage in any Phi Sigma Pi activities.
3. A summary suspension may not be appealed.

Section 4: Notice and Procedure

The National Office shall notify the Chapter President, Chapter Secretary, and Chapter Advisor of the disciplinary action taken against the Chapter. The National Office shall notify a Member of the disciplinary action taken against the Member. In all cases the National Office shall inform the Chapter or Member of any rights to appeal when applicable.

Section 5: Appeals

A Chapter or Member disciplined by the National Council in accordance with Section 2 of this Article shall have the following right to appeal such discipline:

1. Appeal to National Council
1. Within fourteen (14) days of being notified of disciplinary action according to Section 4, an appeal may be made back to the National Council by submitting a letter to the National Office explaining the reason for the appeal. The appealing party may submit any additional documentation and may request an opportunity to address the National Council.
2. The National Council will review the appeal and within 14 days render a decision to uphold, reduce, or nullify any disciplinary action. A three-fourths (3/4) vote of National Council is required to reduce or nullify any disciplinary action.
3. The National Council will promptly notify the appealing party of the appeal decision according to the notice requirements of Section 4.
4. The appeal decision by the National Council may only be appealed to the Sanction Appeal Board or to the Grand Chapter, according to Subsection B and Subsection C.
2. Appeal to Sanction Appeal Board
1. Within fourteen (14) days of being notified of the decision from the appeal in Subsection A, an appeal may be made to the Sanction Appeal Board by submitting a letter to the National Office explaining the reason for the appeal. The appealing party may submit any additional documentation and may request an opportunity to address the Sanction Appeal Board.
2. The Sanction Appeal Board will review the appeal and within 30 days render a decision to uphold, reduce, or nullify any disciplinary action. A two-thirds (2/3) vote of Sanction Appeal Board is required to reduce or nullify any disciplinary action.
3. The Sanction Appeal Board will promptly notify the appealing party and the National Council, via the National Office, of the appeal decision according to the notice requirements of Section 4.
3. Appeal to the Grand Chapter
1. Deadline to appeal
1. Within 7 days of being notified of the decision from the appeal in Subsection B, an appeal may be made to the Grand Chapter by submitting a letter to the National Office explaining the reason for the appeal.
2. When a decision on disciplinary action has been made by the National Council within 45 days of the next regularly scheduled meeting of the Grand Chapter, the disciplined party may elect to appeal directly to the Grand Chapter by submitting a letter to National Office explaining the reason for the appeal.
2. For all appeals, on the first day the Grand Chapter is convened, a vote shall be taken whether to hear the appeal.
1. The appealing party and Sanction Appeal Board, if applicable, may make a brief statement to the Grand Chapter outlining the reason(s) the appeal should or should not be heard.
1. In cases of a Collegiate Chapter appealing, only a current Collegiate Member from the chapter, or a Member who was a Collegiate Member of the chapter during the time of the conduct in question, shall be entitled to represent the Chapter.
2. In cases of an Alumni Chapter appealing, only a current Alumni Member from the Chapter, or a Member who was an Alumni Member of the Chapter during the time of conduct in question, shall be entitled to represent the Chapter.
   1. A majority of the voting members at the Grand Chapter meeting shall be required to hear the appeal.
   2. If the Grand Chapter declines to hear an appeal, the most recent disciplinary decision is upheld and shall remain in effect
3. If the Grand Chapter decides to hear an appeal, the National President shall ensure the appeal hearing is added to the agenda of the Grand Chapter meeting.
1. The Grand Chapter shall have the authority to reduce or nullify any disciplinary decision by a two-thirds (2/3) vote of the voting members present at the Grand Chapter Meeting.
2. If the Grand Chapter declines to reduce or nullify the disciplinary decision, the most recent disciplinary decision is upheld and shall remain in effect.
4. The Grand Chapter’s decision shall be final and may not be appealed.

Section 6: Sanction Appeal Board

1. Election and Membership of the Sanction Appeal Board
1. Sanction Appeal Board shall be convened to hear appeals of disciplinary actions brought by Chapters or Members. The Sanction Appeal Board shall be comprised of three members who are;
1. A former National Officer, appointed to the Sanction Appeal Board by the National Council
2. A Collegiate Member randomly selected from a pool of up to six (6) Collegiate Members, who shall be Collegiate Members at the time of their selection by the Grand Chapter
3. An Alumni Member randomly selected from a pool of up to six (6) Alumni Members, selected by the Grand Chapter
2. The term of the Sanction Appeal Board shall be two years
1. Any Sanction Appeal Board member who is involved in a pending appeal and whose term is set to expire shall have their term extend until the completion of those appeals.
3. The National President shall call for nominations for the Sanction Appeal Board Pool membership.
1. A list of all nominated Collegiate Members and Alumni Members shall be made available to the Grand Chapter Delegates.
2. Each Grand Chapter Delegate shall submit a ballot with their votes of three Collegiate Members and three Alumni Members.
3. The three Collegiate Members and three Alumni Members with the most votes shall be appointed to the Sanction Appeal Board Pool prior to the close of the Grand Chapter meeting.
1. In the case of a tie resulting in more than three Collegiate Members or three Alumni Members getting the most votes, a tie breaker shall be determined by the drawing of lots
2. Conflicts of Interest
1. In no case shall a member of the Sanction Appeal Board be permitted to hear an appeal which represents a genuine conflict of interest.
1. Genuine conflicts of interest shall include, but not be limited to, hearing an appeal from a Chapter of which they are or were a member, or hearing an appeal in a situation in which they are alleged to have participated in the conduct which gave rise to the disciplinary decision under review.
2. The determination of whether a genuine conflict of interest exists in a particular case shall be decided by the National Council in consultation with the other members of the Sanction Appeal Board Pool chosen to hear the appeal.
1. In the event the National Council concludes a genuine conflict of interest exists, the member having the conflict shall take no further part in the appeal and a replacement shall be chosen. In the event that no replacement can be chosen from the members of the Sanction Appeal Board Pool in accordance with this Section, the National Council shall appoint a Member for the appeal being heard.
3. Vacancies in the Sitting Membership of the Sanction Appeal Board Pool
1. In the event that a vacancy occurs in the elected membership of the Sanction Appeal Board, the vacancy shall be filled by appointment by the National Council until the time of the next duly convened meeting of the Grand Chapter, at which time the Grand Chapter shall elect a new member of the Sanction Appeal Board in accordance with this Section.