National Constitution Article XXI

Article Summary: Article XXI of the National Constitution sets policies prohibiting certain practices relating to drugs and alcohol, risk management, Initiation, owning of property by Phi Sigma Pi Chapters, and usage of Phi Sigma Pi's name in communication materials.

ARTICLE XXI: PROHIBITIONS

Section 1: Hazing

Phi Sigma Pi National Honor Fraternity neither approves of nor shall be responsible for actions of Members which may result in injury to persons or damage to property (i.e., "hazing"). Hazing shall be defined as any action or situation that recklessly or intentionally endangers the mental, physical or emotional health or safety of any individual, regardless of the person’s willingness to participate. These actions and situations include, but are not limited to: paddling in any form; creation of excessive fatigue; physical and psychological shock; scavenger hunts which involve illegal activities; one-way road trips which leave an individual to find return transportation; wearing apparel at any time or location which is not appropriate; required engagement in public stunts or buffoonery; morally degrading games or humiliating activities; compulsory consumption of any alcoholic beverages or controlled substances or non-controlled substances; the destruction or removal of any public or private property; any activity that could adversely affect the mental, physical or emotional health of the individual; and any other activities which are not consistent with the regulations and policies of the sheltering institution, or behavior considered as unbecoming of a Member of Phi Sigma Pi. The National Council shall investigate any Chapter or Member accused of hazing. A Chapter or Member found guilty of hazing shall be disciplined in accordance with ARTICLE XVIII, Sections 2 and 3 of the National Constitution, if the investigation conducted by the National Council (or designee) determines that there shall be a reasonable basis that violation of this Article has occurred. Additionally, Chapters and Members are criminally and personally liable for the respective actions taken. The National Council may pursue the appropriate legal action against any Chapter or Member that hazes.

Section 2: Alcohol/Illegal Substances at Chapter Events

Alcohol and/or illicit use of controlled substances shall be strictly prohibited at any Collegiate Chapter membership drive event. Any Chapter that shall be reasonably believed to have violated this section following an investigation by the National Council (or designee), shall be disciplined in accordance with ARTICLE XVIII, Sections 2 and 3 of the National Constitution. A membership drive event is interpreted as any recruitment or Initiation event that is organized for or by the Potential New Members or Initiates or requires their attendance for part or all of the time.

Section 3: Purchase of Alcohol/Illegal Substances

Collegiate Chapters are strictly prohibited from using Official Collegiate Chapter moneys for the purchase and consumption of alcohol and/or controlled substances at any Phi Sigma Pi function. Any Collegiate Chapter determined by the National Council to have violated this section, shall be disciplined in accordance with ARTICLE XVIII, Sections 2 and 3 of the National Constitution.

Section 4: Chapter Risk Management

1. Phi Sigma Pi prohibits the illicit use of controlled substances as defined by state and federal laws at any Phi Sigma Pi sponsored event, function or meeting.
2. Phi Sigma Pi National Honor Fraternity discourages, but does not prohibit, the use of alcoholic beverages at any Phi Sigma Pi sponsored event, function, or meeting, except as otherwise provided herein.

Section 5: Oversight by National Council

No provision of the National Constitution or other policy shall be interpreted as mandating any action which threatens the well-being or existence of Phi Sigma Pi National Honor Fraternity. The National Council shall be charged with monitoring all programs of Phi Sigma Pi and with exercising the National Council's judgment to halt any and all activities that threaten the fiscal and/or legal wellbeing of Phi Sigma Pi.

Section 6: Conflicts with Sheltering Institutions Regulations

In the event a situation arises that the regulations of a sheltering institution conflict with the National Constitution, the National Council shall have the authority to approve specific modifications to an individual Chapter’s Bylaws to resolve such a conflict, provided sufficient cause and evidence is presented. Any modifications shall only apply to the individual Chapter where such a conflict arises and have no bearing on the policies, procedures or regulations applicable to any other Chapter, Association or Member.

Section 7: Ownership of Real Property

A Collegiate Chapter or an Alumni Chapter shall not own or lease real property in the name of Phi Sigma Pi or in the Chapter's name, except by means of a house corporation. Title to real property shall be acquired only by an incorporated Collegiate Chapter or an Alumni Chapter in the state in which the property shall be located.

Section 8: Distribution of Membership Lists

1. Member and Prospective Member information shall be defined to include any identifying information regarding a Member or Prospective Member of Phi Sigma Pi which is submitted to Phi Sigma Pi, including but not limited to, their name, address, telephone number and email address. This information shall be considered confidential and may only be used as defined within this section.
2. The National Office shall have the ability to collect any information pertaining to a Member or Prospective Member that is legally permissible. The National Office shall take any reasonable steps necessary to protect any information collected. No Member or component of Phi Sigma Pi, as defined in Article III, Section 2, shall attempt to take or duplicate any of this information from the National Organization without first obtaining permission of the National Council. Any Member or component of Phi Sigma Pi who comes into possession of information inappropriately acquired from the National Organization shall not have permission to use or distribute that information.
3. The National Office shall be allowed to use any information acquired from any Member or prospective member for any official communication from the National Office.
4. Collegiate Chapters, Alumni Chapters and Alumni Associations may use Member information they have properly acquired, either through its own means or with permission of the National Council, for communication to their own Membership or Prospective Members.
5. Any prospective Chapters or Associations shall be considered entities managed by the National Organization, until Chartered or approved, and permitted to use Prospective Member information for the purposes of communication related to those expansion activities.
6. Any Member or component of Phi Sigma Pi that wishes to collect or use Member information they do not properly have permission to have, must first receive permission from those Members. A process of opting into receiving information or joining any type of community shall provide that Member or component of Phi Sigma Pi permission to use that Member information submitted upon the opt in or joining process.
7. AnyMemberorcomponentofPhiSigmaPimaycontactanyotherMemberorcomponentof Phi Sigma Pi using publicly-available information.
8. No Member or component shall be considered grandfathered in and permitted to use previously acquired Member information collected by the National organization without first obtaining permission of the National Council.