Proposal-201102-svp-01
- Council Member Name: Chris Costantino
- Council Position—Proposal Number: Senior Vice President - 01
- Meeting Date for Proposal: Feb '11
- Objective this proposal falls under: RM
- What costs are associated with this proposal? (if none state "none") None
- Additional Pertinent Information: (if none state "none")
- Intent: The intent behind this proposal is to better define when and how appeals of sanctions-related National Council decisions can be exercised. Furthermore, it expands the Charter and responsibilities of the Sanction's Appeal Board. Finally, it delineates the differences between a Member's appeal from a Chapter's appeal.
- What is the motion to be made on this?
Sanction Proceedings
After the investigation report has been filed with the National Council, the accused Member and/or Chapter shall have an opportunity to defend themselves against the charges via a written statement. In the event of a Chapter being investigated, the Chapter will appoint one of its active Brothers to represent the Chapter. These proceedings will have a time limit set by the National President or next highest ranking National Officer not under charges.
Disciplinary action that can be taken by the National Council is listed in Article XVII XIX of the National Constitution. Phi Sigma Pi reserves the right to notify the proper sheltering institution authorities of the National Council’s decision regarding the charge(s) against a Member and/or Chapter and of the sanctions deemed appropriate for that Member and/or Chapter.
Within ten (10) days of the decision of the National Council, the Senior Vice President shall send written notification to the party(s) charged. All notices shall be sent “certified mail” and “return receipt requested” as well as by e-mail, when possible. Notices for Members will be sent to their permanent address and to their current school address, if applicable. Notices for Chapters will be sent to the permanent and school addresses of the chapter president, chapter secretary, and chapter advisor(s).
Sanction Appeal
A Chapter or Member may appeal a National Council sanction within thirty (30) days of receipt of sanction notice. The appeal shall be heard at the next regularly scheduled Grand Chapter meeting. The Member and/or Chapter shall comply with the terms of the National Council decision until the appeal is heard. The Senior Vice President, or next highest ranking National Officer not under charges, shall serve as the representative of the National Office. The Member and/or Chapter may appeal a decision to the Grand Chapter only once.
A Member and/or Chapter may appeal based on the following reasons:
- A substantial procedural error that unreasonably impaired the Member and/or Chapter or the National Council.
- New evidence of a substantive nature not available at the original hearing.
- Evidence of substantial bias on the part of the National Council at the time of the original hearing.
The Member and/or Chapter will contact the National Office in writing with the appeal and the reason for it, addressed to the Grand Chapter.
Sanction Appeal Board
Appeals from decisions of the National Council will be referred to the Sanction Appeal Board. The purpose of the Sanction Appeal Board will be to investigate the validity of an appeal from decision of the National Council and make recommendations to either the Grand Chapter or National Council, depending on the scope of the appeal. prior to the Grand Chapter hearing the appeal.
Sanction Appeal Board will consist of three members:
- Past national officer (appointed by National Council)
- Alumni at large (randomly selected from a pool)
- Active Member (randomly selected from a pool)
The past national officer will be appointed at the beginning of each new National Council term. The Alumni at large and Active Member positions shall be randomly selected from the pool of members selected by the Grand Chapter. The pool for each position shall be composed of five members. No pool shall have more than one member from the same collegiate chapter. This selection shall be done in an agreed upon manner that ensures a random result. The National Council may remove by unanimous consent one or more members if there is a conflict of interest with a specific appeal and a new member will be chosen from the pool or appointed in the case of past national officers. Upon appointment the members of the Appeal Board will be sworn to maintain objectivity and confidentiality.
The National Staff will provide to the Appeal Board within fifteen (15) working days of the appeal being filed the history of the case and a summary of the Council’s decision.
The Appeal Board will have thirty (30) working days to review the case, talk to the appealing Member party and/or National Council/Staff and make the final recommendations.
Appeals from Members
For an appeal from a Member, the Sanctions Appeal Board will review the reason for appeal and determine whether there are proper grounds for said appeal. If an appeal is granted for any reason except "bias on the part of National Council", then the Sanctions Appeal Board will conduct the appeal hearing and provide back to the National Council a recommendation. The Appeal Board will give written notification to the appealing Member and the National Council/Staff, listing the reasons for the recommendation. If it is not unanimous, the dissenting member may put their reasons for dissenting.
Recommendations can be one of the following:
- The petition for appeal was rejected due to insufficient evidence of substantial change in the case based on the appeal criteria.
- An appeal was granted, but further review resulted in a decision to uphold the original sanctions imposed.
- An appeal was granted, and there are recommendations for a change of sanctions to be enacted by the National Council.
If the National Council is provided with recommendations, it has fifteen (15) working days to review the recommendations of the Sanctions Appeal Board and modify the previous sanctions. Any action taken will be provided to the appealing Member via written notification, within fifteen (15) working days. Upon notice, the Member will be expected to immediately comply with the updated decision.
If the Sanctions Appeal Board grants an appeal for reasons of substantial bias on the part of National Council, then the matter is brought before the Grand Chapter, and follows the same hearing procedures as that of a Chapter Appeal.
Appeals from a Chapter
For an appeal from a Chapter, the Sanctions Appeal Board will deliberate and arrive at a recommendation. The Appeal Board will then give written notification to the appealing Member and/or Chapter and the National Council/Staff. This notification will list the reasons for the recommendation. If it is not unanimous, the dissenting member may put their reasons for dissenting.
Recommendations can be one of the following:
- An appeal should be heard.
- An appeal should not be heard based on the appeal criteria.
Appeals from a Chapter shall be heard at the next regularly scheduled Grand Chapter meeting. The Appeal Board will present its recommendation to the Grand Chapter prior to the Grand Chapter deciding whether or not it will hear the Member and/or Chapter’s appeal. In the event a representative of the Appeal Board is not present, this information will be presented by the Senior Vice President or highest ranking National Officer not under charges.
Chapter Appeal Hearings
All hHearings shall be held in executive session, and therefore only open to the following:
the representative(s) of a Chapter and/or Member charged, and Members of the National Office and Grand Chapter Delegates/Alternates.
The Grand Chapter will hear the appeal, unless it moves not to hear the appeal, at its next full business meeting, with the appeal placed on the agenda at the discretion of the National President.
When a Chapter is appealing to the Grand Chapter, no teleconference will be allowed since each cChapter must send at least one delegate to all Grand Chapter business meetings. Standard travel reimbursements and registrations costs shall apply.
At the hearing, discussion will be formal and held in a format similar to “challenging the decision of the chair.” A member of the Council will state the case against the Chapter and/or Member. The appealing Chapter delegate and/or Member will speak second. Points of information, to the Council or Appealing Chapter Delegate and/or Member, will be allowed. The appealing Chapter and/or Member will then leave the meeting while the body deliberates. Deliberation will consist of a standard PRO/CON format until debate is ended. The National President shall preside over the meeting unless s/he chooses to pass the gavel to the Senior Vice President. At the end of the hearing, the governing body will either:
- Uphold the previous decision.
- Pass a modified version of the previous decision [requires two-thirds (2/3) vote],
or
- Reject the previous decision [requires a two-thirds (2/3) vote].
Upon completion of the hearing, the Chapter and/or Member will be expected to immediately comply with the decision.
