National Constitution Article XIX

Note: This does not yet reflect the amendments made during the 2011 Grand Chapter Confernce.

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 their 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.
2. A majority of the voting members at the Grand Chapter meeting shall be required to hear the appeal.
3. 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.