Membership Discipline
Section 1. The following violations of membership obligations subject a member to discipline, up to and including revocation of membership:
a) Offenses which constitute criminal activity under state or federal law, including but not limited to hazing, possession or use of controlled substances or other drugs, and assault or battery.
b) Offenses against common law not made crimes by any statute, including University Code of Conduct Violations.
c) Offenses against the Charter, Bylaws, Administrative Policies and Procedures, Risk Management Policies of the Fraternity.
d) Offenses against the bylaws of the member’s undergraduate chapter.
e) Offenses generally which involve violation of the Brotherhood Code of Conduct
f) Misrepresentation of eligibility for membership or an appointed position and/or falsification of records
g) Causing to be written or printed, or revealing in any manner whatsoever, any of the secret work of the Fraternity.
h) Being knowledgeable of a member’s violation of any of the preceding and not reporting such.
Chapter & membership disciplinary hearings
Section 2. When a member of the Fraternity, undergraduate or otherwise, is accused of violating the obligations of membership, the National Executive Board may convene a disciplinary hearing and shall provide written notice to the member of the alleged violations.
The written notice should be sufficient to inform the member of the alleged violations.
Section 3. Disciplinary hearings of undergraduate members charged with violations of membership obligations should be conducted according to the following procedures:
a) Allegations that an undergraduate member is in violation of his membership obligations may be reported to the Executive Vice President (EVP).
b) Upon receipt of a report that an undergraduate member is in violation of his membership obligations, the EVP shall call a meeting of the National Executive Board at the earliest available opportunity to hold the disciplinary hearing.
c) The EVP shall provide written notice of the hearing and alleged violations to the accused member at least 48 hours prior to the National Executive Board meeting.
d) If the accused member is unable to attend the scheduled disciplinary hearing, he must notify the EVP of his inability to do so before the hearing. The National Executive Board should make reasonable efforts to reschedule the hearing at a time when the member can attend.
e) Disciplinary hearings are closed to observers. Those permitted to attend include members of the National Executive Board, the accused member, the Alumni Advisor of the member’s chapter or another local volunteer mentor, any witnesses authorized by the National Executive Board, and counsel for the Fraternity.
f) The EVP shall notify the Alumni Advisor of the accused member’s chapter or other local volunteer mentor. The Alumni Advisor or volunteer mentor may attend the disciplinary hearing, but does not have a vote or a voice in the decisions made by the National Executive Board. The National Executive Board may ask the Alumni Advisor or volunteer mentor to leave during deliberations and any National Executive Board vote. The EVP should make reasonable efforts to review any final disciplinary decision with the Alumni Advisor or volunteer mentor before delivering the decision to the accused member.
g) During the disciplinary hearing, the accused member will be given the opportunity to state his position on the alleged violations. The accused member may request that the National Executive Board hear from any witnesses to the alleged violations, but the final decision as to whether to allow witnesses is at the discretion of the National Executive Board.
h) Any member-witness who fails to cooperate with the National Executive Board upon request may be subject to discipline.
i) Should the accused member fail to appear for his disciplinary hearing and fail to inform the EVP that he is unable to attend, the National Executive Board may still consider the facts and make its decision. Decisions made due to a no-show are not appealable.
j) During the hearing, the accused member may represent himself or designate a representative who is a current undergraduate member in good standing of the same chapter.
The accused member is not entitled to an attorney.
k) The EVP shall appoint a member of the National Executive Board to record all minutes of any disciplinary hearing.
l) During the disciplinary hearing, the accused member shall have an opportunity to state his position, the National Executive Board may call any available witnesses for testimony, and consider other evidence. The National Executive Board has the sole discretion to determine the exact order of proceedings.
m) Neither the accused member nor any witness is required to make testimony that would incriminate themselves.
n) After hearing from the accused member and any witnesses, the National Executive Board shall deliberate privately and determine whether it is more likely than not that a violation has occurred.
o) If a violation is found, the National Executive Board shall then determine the appropriate penalty to be imposed from among the options set forth in Section 8 of this Article. A majority vote of the National Executive Board constitutes the decision of the Fraternity, on both the offense and the penalty, if any.
p) All decisions of the National Executive Board, other than disaffiliation, are final.
Section 4. Appealing a Penalty of Disaffiliation If the National Executive Board votes that a member’s violation should result in the member’s disaffiliation, that member has the right to appeal the decision to the Appellate Board.
a) In the event of an appeal, the accused member’s membership rights will remain suspended until the Appellate Board has considered and decided upon his appeal.
b) To exercise this right to appeal, the accused member must notify the Appellate Board of his appeal in writing, within 14 days of receiving the decision of the National Executive Board. The Appellate Board will notify the National Executive Board of the appeal.
c) The Appellate Board shall consider the appeal at a meeting of the Appellate Board occurring no earlier than 96 hours after receipt of the appeal.
d) During the Appellate Board meeting, the EVP shall deliver the report of the National Executive Board and be available for questions from the Appellate Board for a period not to exceed 10 minutes.
e) Following the report of the National Executive Board, the accused member, or his designated representative (as defined above) will have the opportunity to make a statement in support of his appeal. The accused member is not entitled to an attorney. Following his statement, the Appellate Board may question the accused member or his representative for a period not to exceed 10 minutes.
f) After the report of the EVP and the statement from the accused member or his representative, any National Executive Board members present and the appealing member will be asked to leave. Following their departure, the Appellate Board Chair will moderate a period of pro-con debate, not exceeding 20 minutes, utilizing Robert’s Rules of Order and is expected to maintain the integrity of the appealing procedure. After the completion of this debate period, the National Executive Board and accused member may return to the meeting.
g) Following the debate period, the Appellate Board Chair will call for a vote by secret ballot as to whether or not the decision of the National Executive Board to disaffiliate the accused member should be upheld. If a simple majority (50% + 1) of the members of the Appellate Board in attendance vote to overturn the decision of disaffiliation, then the accused member is not disaffiliated, and his violations are referred back to the National Executive Board for a decision of an appropriate penalty other than disaffiliation. If a simple majority (50% + 1) of the members of the Appellate Board in attendance do not vote to overturn the decision for disaffiliation, then the accused member is disaffiliated, effective immediately.
h) The Appellate Board Secretary shall keep a complete record of the appeal proceedings, including the results of voting, to direct such record to become part of the records of the chapter, and to notify promptly, in writing, the member found in violation and the National President and Executive Director, or their designee, of the outcome.
**Deviations from the foregoing provisions will not necessarily invalidate a decision or proceeding unless, in the discretion of the National Executive Board, a significant prejudice to the accused member or the Fraternity has occurred.**
Section 5. In the event that a member of the National Executive Board is unable to fulfill his responsibility due to his involvement or another conflict of interest, the National Governor shall serve for the purposes of said hearingl. In the event that the National Governor is already serving or unable to fulfill his responsibility, then the Director of Internal Expansion followed by the Director of Philanthropy and followed by the Director of Policy and Training.
Section 6. Whenever deemed necessary, the Appellate Board shall recommend, and the National Executive Board shall appoint, alumni members of the Fraternity to serve on an Alumni Standards Commission for the purposes of holding hearings and determining membership violations for alumni. This commission should constitute no fewer than 3 alumni members one of whom shall be the chairman.
Section 7. Disciplinary hearings for alumni or any other non-undergraduate members will be conducted by the Alumni Standards Commission in the general manner and form outlined in Section 3.
Penalties
Section 8. The penalties which may be imposed for violations of membership obligations are:
(a) Reprimand or censure not to exceed one calendar year
(b) Imposition of a fine not to exceed five hundred dollars ($500)
(c) Denial of specific privileges
(d) Suspension for a definite time, not to exceed one calendar year
(e) Disaffiliation from the Fraternity
Suspension and disaffiliation
Section 9. Suspension means the denial for a definite period of the privileges and benefits of membership, including using, wearing or displaying the Fraternity’s name, marks, and insignia; attending undergraduate chapter functions and meetings; use of chapter facilities; and otherwise identifying himself as a member of the Fraternity.
Section 10. Disaffiliation means the permanent denial of all privileges and benefits of membership, including using, wearing or displaying the Fraternity’s name, marks, and insignia; attending undergraduate chapter functions and meetings; use of chapter facilities; and otherwise identifying himself as a member of the Fraternity.
Section 11. If a collegiate member is alleged to have been involved in a sexual assault, domestic assault, or incident involving physical violence, he shall be suspended until a university, police or National Executive Board investigation is completed. The suspension of the accused member under this provision of the bylaws does not reflect a determination of guilt on the part of the accused member; it is imposed in order to protect the rights of the member and the chapter while the investigative process runs its course.