National Constitution Article XVIII
ARTICLE XVIII: DISCIPLINARY ACTIONS OF THE NATIONAL COUNCIL
Section 1: Chapter Delinquencies
- A Delinquent Chapter is a Chapter that has failed to submit all Reports, Dues and Fees to the National Office by the appropriate deadline.
- The National Office shall contact a Delinquent Chapter as soon as possible to notify it about its delinquency and make attempts to rectify the delinquency.
- Disciplinary Action for Chapter Delinquencies
- A Delinquent Chapter shall be subject to a fine determined by the National Council.
- A Delinquent Chapter shall lose all Grand Chapter voting and reimbursement privileges until all delinquencies have been resolved.
- Further disciplinary action may be taken, according to Section 2, if deemed necessary action by the National Council.
- Disciplinary action levied as a result of delinquent reports, dues and fees cannot be appealed
Section 2: Offenses
- The National Council shall have the power to discipline any Member, Chapter, Association or entity of Phi Sigma Pi, other than the Grand Chapter.
- Discipline may be enacted, according to the severity of the offense, for any action that is:
- A violation of the National Constitution; or
- Considered conduct unbecoming a Member of Phi Sigma Pi; or
- Detrimental to the welfare of Phi Sigma Pi or the well-being of its Members
- Disciplinary action shall include, but is not limited to, censure, probation, suspension, revoking of Chapter Charter or expulsion.
- If a Collegiate Chapter is suspended the Collegiate Members of that Chapter or Association shall be considered suspended for the duration of the Chapter’s suspension, unless the National Council votes to remove a Member from suspension.
- If an Alumni Chapter or Association is suspended, the Alumni Members of that Chapter or Association shall be considered suspended for the duration of the Chapter or Association’s suspension, unless the National Council votes to remove a Member from suspension.
- 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.
- 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.
- 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.
- 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 shall have the following rights:
- Right of appeal.
- Discipline levied as a result of delinquencies shall be governed by Article XVIII, Section 1.
- Summary suspensions may not be appealed.
- Chapter discipline resulting in suspension of a charter or revocation of a charter may be appealed to National Council, the Sanction Appeal Board, and Grand Chapter per the following subsections.
- All other disciplinary action may only be appealed to the National Council and the Sanction Appeal Board per the following subsections.
- Appeal to Sanction Appeal Board
- Within fourteen (14) days of being notified of the disciplinary action according to Section 4, 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. Within fourteen (14) days of receiving notification of an appeal, the National Council shall submit a written letter to the Sanction Appeal Board explaining the National Council’s disciplinary decision. In the event the Sanction Appeal Board grants a request by the appealing party to address the Sanction Appeal Board, the Sanction Appeal Board shall also allow the National Council to have a representative address the Sanction Appeal Board.
- The Sanction Appeal Board will review the appeal and within 30 days of receiving the appellate materials render a decision to uphold, reduce, or nullify any disciplinary action. A two-thirds (2/3) vote of the Sanction Appeal Board is required to reduce or nullify any disciplinary action.
- 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. The appeal decision by the Sanction Appeal Board may only be appealed to the Grand Chapter in accordance with Article XVIII, Section 5, Letter A.
- Appeal to the Grand Chapter
- Deadline to appeal
- Within 7 days of being notified of the decision from the appeal in Subsection B, an appeal may be made by the disciplined Chapter to the Grand Chapter by submitting a letter to the National Office explaining the reason for the appeal.
- 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 and an appeal to Grand Chapter is allowed under Article XVIII, Section 5, Letter A, the disciplined Chapter may elect to appeal directly to the Grand Chapter by submitting a letter to National Office explaining the reason for the appeal.
- For all appeals, on the first day the Grand Chapter is convened, a vote shall be taken whether to hear the appeal.
- The appealing Chapter 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 hard.
- 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.
- 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 the conduct in question, shall be entitled to represent the Chapter.
- A majority of the voting Members at the Grand Chapter meeting shall be required to hear the appeal. If the Grand Chapter declines to hear an appeal, the most recent disciplinary decision is upheld and shall remain in effect.
- 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.
- Appeal Hearing
- The Senior Vice President shall first provide a report to the Grand Chapter explaining investigatory findings and the reason for the National Council’s decision. The National President shall appoint another National Council Member to provide the report if the Senior Vice President is unavailable.
- The appealing Chapter may then make a presentation to the Grand Chapter as to why the disciplinary decision should be reduced or nullified.
- 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.
- If the Grand Chapter declines to reduce or nullify the disciplinary decision, the most recent disciplinary decision is upheld and shall remain in effect.
- The Grand Chapter’s decision shall be final and may not be appealed.
Section 6: Sanction Appeal Board
- Membership of the Sanction Appeal Board Pool
- The Sanction Appeal Board shall consist of:
- All current Chapter Presidents from Chapters in good standing.
- National Alumni Association Delegates and Alternates from the most recent Grand Chapter Conference.
- Collegiate Chapter Presidents may not substitute another Member to serve in the Pool in their place. If the National Alumni Association Delegate or Alternate is also an Alumni Chapter President, the Member will serve in the Pool as a National Alumni Association representative and can pick another Officer from their Alumni Chapter to serve as that Alumni Chapter representative.
- Members cannot rescue themselves from the Sanctions Appeal Board Pool.
- Selection of the Sanction Appeal Board
- A Sanction Appeal Board shall be convened to hear appeals of disciplinary actions brought by Chapters or Members, and shall be comprised of randomly selected members of the current Sanction Appeal Board Pool and appointed former National Officers. A Sanction Appeal Board shall be nine Members who are:
- Three former National Officers, appointed to the Sanction Appeal Board by the National Council;
- Three Collegiate representatives from the Pool; and
- Three Alumni representatives, from the Pool.
- In order to be selected for the Sanction Appeal Board, the Collegiate or Alumni Member must be in good standing.
- If a President, previous Delegate, or previous Alternate’s term ends while hearing an appeal, they shall continue to serve on the Sanction Appeal Board for the duration of the appeal.
- A new Sanction Appeal Board shall be selected for each submitted appeal.No member of the Pool may hear more than one appeal at a time.
- Members may recuse themselves from serving on the Sanction Appeal Board. Reasons for recusal include, but are not limited to, a genuine conflict of interest, or a feeling that the Member does not have sufficient time to devote to the appeal.
- Members wishing to rescue themselves must contact the National Office no more than two business days after they’ve been notified of their appointment to the Board.
- Upon the National Office’s receipt of the request for recusal, the member shall be considered rescued, and a replacement from the Pool will be selected.
- Conflicts of Interest
- In no case shall a member of the Sanction Appeal Board be permitted to hear an appeal which represents a conflict of interest.
- A conflict of interest for Sanction Appeal Board Members shall include, but not be limited to, the following situations:
- They are, or were, a Member of the Chapter or Association submitting the appeal;
- They are alleged to have participated in the conduct giving rise to the disciplinary decision under review;
- They are related to the appealing Member; or
- They are related to any National Officer or member of National Staff, or a person who held one of those positions at any time during the disciplinary process.
- The determination of whether a 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 chosen to hear the appeal.
- In the event the National Council concludes a 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 in accordance with this Section, the National Council shall appoint a Member for the appeal being heard.
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