ΜΒΨ Policy Library

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====== Code of Conduct ======
==== 1. Philosophy ====
  1. **Philosophy.**\\
  Mu Beta Psi is a Fraternity dedicated to fostering the study of music, to encouraging fellowship among musicians, and to advancing music within the college community. The Fraternity promotes building Brotherhood through service to music and musical organizations, character enhancement, leadership development, academic achievement, and lifelong friendship. The Fraternity exists on the basis of shared values and principles. Members of the Fraternity are expected to uphold and abide by certain standards of conduct as established in the Constitution and policies of the National Organization. Additionally, members are expected to hold each other accountable to these standards. When members of Mu Beta Psi fail to exemplify these values, conduct proceedings are used to assert and uphold these expectations. The role of educational discipline is foremost in the process of sanctioning. The conduct process of the Fraternity is not intended to punish. Rather, it exists to protect the greater interest of the Fraternity, to challenge those whose behavior is not in accordance with established standards, to deter future conduct violations, and to educate members on their responsibilities as Brothers and as members of their campus community. Sanctions are intended to challenge members’ moral and ethical decision-making and to help them bring their behavior in accordance with Fraternity expectations. When a member or Chapter is unable to conform to the expectations of the Fraternity, the conduct process may determine that they should no longer share in the privilege of participating in the Fraternity.
  
==== 2. Jurisdiction ====
  2. **Jurisdiction.**\\
    - The Code of Conduct (“Code”) applies to all members and Chapters.
      - “Members” means all active and inactive Brothers and Members-in-Training unless otherwise stated.
      - “Chapters” means all collegiate Chapters and the Alumni Association unless otherwise stated.
      - Active Brothers and Members-in-Training are responsible for reading and abiding by the Code.
        - All active Brothers must complete and submit the Code of Conduct and Risk Management Policy Acknowledgement Form within seven days of the first Chapter meeting of the operational year or returning to active status. 
        - Members-in-Training must complete and submit the Code of Conduct and Risk Management Policy Acknowledgement Form within seven days of the first Member-in-Training meeting of the semester.
      - Members and Chapters may be held accountable for their guests’ misconduct.
      - There is no time limit for reporting violations of the Code or adjudicating alleged misconduct.\\
  \\ 
    - **Chapter Jurisdiction.** 
      - A Chapter may adjudicate the alleged misconduct of its members.\\
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    - **National Organization Jurisdiction.** 
      - The national organization may adjudicate
        - alleged misconduct by a member; or
        - alleged misconduct by a Chapter.

==== 3. Prohibited Conduct ====
  3. **Prohibited Conduct.**
    - Members may not
      - violate the trust imposed in them as elected or appointed leaders of the Chapter;
      - endanger the health or safety of another person;
      - cause a reasonable expectation of harm in another person, including harassing, intimidating, or using implied threats;
      - create a health or safety hazard (e.g., engage in dangerous pranks, hang out of a window, climb on a roof, etc.);
      - violate campus policies or local, state or federal laws;
      - violate other published Fraternity rules or policies;
      - fail to comply with the directives of National Officers while they are performing their position responsibilities;
      - fail to meet financial responsibilities to the organization;
      - act with another person to violate the Code;
      - respond to a violation of the Code in a manner which is deliberately indifferent;
      - engage in conduct that fails to uphold the values of the Fraternity, or that reflects negatively on the Chapter or the national organization (e.g., being intoxicated or under the influence at a fraternity meeting or event, identifying oneself as a member of the Fraternity while engaging in unbecoming activities, etc.)
      - abuse or interfere with the organization’s conduct process by
        - falsifying, distorting, or misrepresenting information;
        - failing to provide, destroying, or concealing information during an investigation into alleged misconduct;
        - attempting to discourage a person’s participation in or use of the organization’s conduct process;
        - verbally or physically harassing or intimidating a member of a hearing body prior to, during, or after a conduct proceeding; or
        - influencing or attempting to influence another person to commit an abuse of the organization’s conduct process;
      - violate the terms of any sanction assigned under the Code.\\
  \\ 
    - Chapters may not
      - endanger the health or safety of another person;
      - cause a reasonable expectation of harm in another person, including harassing, intimidating, or using implied threats;
      - violate campus policies or local, state or federal laws;
      - violate other published Fraternity rules or policies;
      - fail to comply with the directives of National Officers while they are performing their position responsibilities;
      - fail to meet financial responsibilities to the organization;
      - engage in conduct that fails to uphold the values of the Fraternity, or that reflects negatively on the Chapter or the national organization;
      - abuse or interfere with the organization’s conduct process by
        - falsifying, distorting, or misrepresenting information;
        - failing to provide, destroying, or concealing information during an investigation into alleged misconduct;
        - attempting to discourage a person’s participation in or use of the organization’s conduct process;
        - verbally or physically harassing or intimidating a member of a hearing body prior to, during, or after a conduct proceeding; or
        - influencing or attempting to influence another person to commit an abuse of the organization’s conduct process;
      - violate the terms of any sanction assigned under the Code.

==== 4. Interim Suspension ====
  4. **Interim Suspension.**
    - **National Organization Authority.**
      - The National President or their designee may interimly suspend a member or Chapter accused of egregious misconduct.
      - The interim suspension cannot exceed 30 days unless justified by extenuating circumstances.
      - The suspended party has the right to meet with the National Executive Committee to demonstrate why an interim suspension is not merited.
        - The suspended party must submit the request in writing.
        - The meeting must be held within 14 days of the written request. If the meeting does not occur within the required timeframe, the interim suspension is automatically lifted.
        - During the meeting, the suspended party may challenge
          - the reliability of the information on which the interim suspension is based; and
          - whether the alleged misconduct reasonably indicates the interim suspension is in the organization’s best interest.
        - The National Executive Committee may retain, modify, or lift the interim suspension after the meeting.\\
  \\ 
    - **Chapter Executive Board’s Authority.**
      - By a three-fourths vote, a Chapter Executive Board may interimly suspend a member accused of misconduct until the Chapter adjudicates the alleged violation under this Code. 
      - The interim suspension cannot exceed 30 days unless justified by extenuating circumstances (e.g., a pending university, civil, or criminal case; end of an academic term; etc.). 
        - The Chapter President must notify the interimly suspended member in writing, copying the National Vice-President of Chapter Maintenance. 
        - The suspended party has the right to meet with the suspending authority or their representative to demonstrate why an interim suspension is not merited. 
        - The suspended party must submit the request in writing.
        - The meeting must be held within 14 days of the written request. If the meeting does not occur within the required timeframe, the interim suspension is automatically lifted.
        - During the meeting, the suspended party may challenge
          - the reliability of the information on which the interim suspension is based; and
          - whether the alleged misconduct reasonably indicates the interim suspension is in the organization’s best interest.
        - The suspending authority or their representative may retain, modify, or lift the interim suspension after the meeting.

==== 5. Roles in the Conduct Process ====
  5. **Roles in the Conduct Process.**
    - **Complainant.**
      - The Complainant is the person bringing the complaint.
      - Anyone, regardless of Fraternity affiliation, may serve as Complainants. 
      - The Complainant may choose to be present for and participate in the conduct process as fully as the responding party.\\
  \\ 
    - **Respondent.**
      - The Respondent is the member or Chapter alleged to have violated the Code.
        - A Respondent Chapter will be represented during proceedings by no more than two Active members of the Chapter.\\
  \\ 
    - **Witness.**
      - A witness is a person who may offer information regarding the alleged misconduct.\\
  \\ 
    - **Investigator.**
      - The Investigator is the active Brother or National Officer who presents the allegations and shares the evidence the organization obtained about the alleged misconduct.

==== 6. Procedural Standards and Evidence ====
  6. **Procedural Standards and Evidence.**
    - **Preponderance Standard.**
      - The complaint against the Respondent must be established by a preponderance of the evidence, meaning a reasonable person would accept that it is “more likely than not” a fact is true or a violation occurred.\\
  \\ 
    - **Factors for Finding Collective Responsibility.**
      - A Chapter may be found responsible for collectively violating the Code when a preponderance of the evidence indicates
        - a reasonable person would understand the behavior to fall within the scope of the Chapter’s activities;
        - the Chapter or its officers sanctioned the behavior;
        - the behavior occurred during an activity the Chapter sponsored or endorsed;
        - the Chapter or its members supported the behavior;
        - the Chapter’s officers knew or should have known the behavior would occur and failed to prevent it; or
        - the Chapter or its members lied about the behavior.\\
  \\ 
    - **Written Notice Requirements.**
      - Written notice may be given in person, mailed to the Respondent’s recorded local or permanent address, or emailed to the Respondent’s recorded email address. Notice mailed or emailed is presumed delivered.\\
  \\ 
    - **Inapplicability of Formal Evidentiary Rules.** 
      - Formal rules of evidence do not apply.\\
  \\ 
    - **Deviations from Prescribed Procedures.** 
      - Deviations from prescribed procedures will not invalidate a decision unless they result in significant prejudice to the Respondent or Complainant.

==== 7. Rights ====
  7. **Rights.**
    - **Respondents’ Rights.** 
      - Respondents have the right to
        - be informed of the charges against them;
        - request an informal resolution to the case;
        - a reasonable time to prepare a defense;
        - hear and respond to the evidence upon which the charges are based;
        - appeal according to the Code; and
        - waive any of these rights.\\
  \\ 
    - **Right to an Advisor.** 
      - Complainants and Respondents have a right to an advisor of their choosing. 
        - Advisors must be Brothers or Chapter Advisors. 
        - People acting as legal counsel may not serve as advisors.
      - Advisors may be present during conduct proceedings but may not serve as witnesses, address hearing bodies, or question witnesses. Advisors may quietly confer with their advisee, exchange notes, or suggest questions to their advisee.

==== 8. Resolution by a Chapter ====
  8. **Resolution by a Chapter.**
    - **Selection of the Chapter Standards Board.**
      - The Chapter Executive Board must propose a slate of no fewer than three Chapter Standards Board members. 
        - The number of Chapter Standards Board members must always be odd.
        - The slate of candidates must be ratified as a whole by a three-fourths vote of the Chapter during the Chapter election process.
        - If the Chapter fails to ratify the proposed slate of candidates, the Chapter executive board shall propose a new one.\\
  \\ 
    - **Use of the Chapter Standards Board.**
      - A Chapter’s Standards Board adjudicates the alleged misconduct of the Chapter’s members.
      - If, due to limited membership or conflicts of interest, a Chapter is unable to select a Standards Board or hear a complaint, the Chapter will refer the complaint to the National Organization.\\
  \\ 
    - **Reporting Alleged Violations.**
      - Any person may allege a violation of this Code by notifying the Chapter President and Chapter Standards Board Chair in writing.\\
  \\ 
    - **Prohibition on Conflicts of Interest.**
      - The Respondent or any other member simultaneously charged with similar misconduct may not adjudicate the case or participate in the appellate process.
        - If a Chapter Standards Board member is unable to serve due to a conflict of interest, the Chapter executive board may appoint a temporary replacement with ratification by a three-fourths vote of the Chapter.\\
  \\ 
    - **Chapter Standards Board Procedures.** 
      - Once the Chapter receives a written complaint, the Chapter Standards Board will select one of its members to manage the adjudication of the complaint and act as Chair for all proceedings involving the complaint.
      - The Chapter Standards Board will set a date, time, and location or method (e.g., conference call, video conference) for a hearing to adjudicate the case. The hearing must occur within 15 days unless extenuating circumstances justify an extension.
        - When scheduling a hearing, the Chapter Standards Board must make all reasonable attempts to accommodate the Respondent’s schedule (i.e, the hearing should not be scheduled during class time, midterm or final exams, required school activities, etc.)
      - The Chapter Standards Board will send the Respondent written notice of the hearing at least five days in advance. The notice must
        - outline the provisions of the Code with which the Respondent is charged;
        - describe the nature of the alleged misconduct in sufficient detail to allow the Respondent to present a defense; and
        - indicate the date, time, and location or method (e.g., conference call, video conference) of the Chapter Standards Board hearing.
      - The Respondent and the Chapter Standards Board may resolve the complaint informally. To resolve the complaint without a Standards Board hearing, the Respondent must, in writing,
        - waive the right to appeal;
        - accept responsibility for each alleged violation of the Code; and
        - agree to complete any sanctions proposed by the Chapter Standards Board.
          - The sanctions must be proposed to the Respondent before agreeing to the informal resolution.
        - A written copy of an informal resolution must be sent to the Chapter President.
      - The Chapter Standards Board will conduct the hearing with the Respondent according to the following guidelines:
        - The Chapter Standards Board may question any party or witness. The Complaint and Respondent may submit questions to the Standards Board Chair, who will ask the questions at their discretion.
        - The Chapter Standards Board will review the charges with the Respondent. The Respondent may admit or deny responsibility for each charge. If the Respondent admits responsibility for all charges, the Chapter Standards Board will only consider information to determine the appropriate sanction.
        - The Complainant will have the opportunity to present information substantiating the Respondent’s alleged misconduct, including pertinent witnesses, written statements, and other records.
        - After the Complainant’s presentation, the Respondent will have the opportunity to present a defense, including pertinent witnesses, written statements, and other records.
        - Witnesses may only be present during the proceedings while offering testimony.
        - The Chapter Standards Board may limit the number of character witnesses or accept written statements instead.
        - After the presentation of all pertinent information, the Chapter Standards Board will excuse the parties and their advisors and deliberate.
        - The Chapter Standards Board will determine, by a majority vote, whether the Respondent is responsible for each charge.
        - If the Chapter Standards Board finds the Respondent responsible, the Standards Board determines the appropriate sanctions.
      - The Chapter Standards Board will keep minutes of all hearings with Respondents. 
        - The minutes will serve as the sole record for all hearings. 
        - The minutes should accurately summarize the information presented by the Complainant, Respondent, and any pertinent witnesses. 
        - Deliberations will not be included in the minutes.
      - If the Respondent does not appear for the Chapter Standards Board hearing, the hearing will proceed as scheduled and the Chapter Standards Board will consider the information substantiating the Respondent’s alleged misconduct. 
      - The Chapter Standards Board will notify the Respondent of the outcome in writing within seven days of the hearing. The notice must include
        - the determination of responsibility for each charge;
        - any sanctions assigned; and
        - any applicable appeal procedure.
      - The Chapter Standards Board must forward copies of the following records for all Standards Board and appellate proceedings to the National Vice-President of Chapter Maintenance at least annually:
        - The written complaint.
        - The Respondent’s hearing notification.
        - The hearing minutes.
        - The Respondent’s outcome notification.
      - If the Chapter Standards Board suspends or expels the Respondent, the records must be forwarded to the National Vice-President of Chapter Maintenance and the National Secretary within seven days of notifying the Respondent.

==== 9. Resolution by the National Organization ====
  9. **Resolution by the National Organization.**
    - **Reporting Alleged Violations.** 
      - Any person may allege a violation of this Code by notifying the National Vice-President of Chapter Maintenance. 
      - The National Vice-President of Chapter Maintenance or their designee will conduct a preliminary inquiry into alleged violations of the Code. The preliminary inquiry may determine:
        - there is insufficient evidence to pursue an investigation, because the alleged behavior, even if true, would not violate the Code;
        - the allegation requires additional investigation;
        - the case should proceed to an informal resolution;
        - the case should proceed to a formal hearing, or;
        - the case should be adjudicated by the Chapter.\\
  \\ 
    - **Investigator Appointment.** 
      - When the preliminary inquiry determines the allegation requires additional investigation, the National Vice-President of Chapter Maintenance may appoint an Investigator.
        - If the National Vice-President of Chapter Maintenance is the subject of the inquiry, the duty of appointing an investigator falls to the National President or another National Officer in order of succession.
      - The Investigator should be prompt, thorough, impartial, and have no conflicts of interest. The Investigator identifies relevant facts by conducting interviews, obtaining witness statements, or collecting evidence.
      - The Investigator prepares a written report summarizing the investigation process and relevant facts identified.
      - After reviewing the written report, the National Vice-President of Chapter Maintenance determines whether there is sufficient evidence to proceed to an informal resolution or formal hearing.\\
  \\ 
    - **Informal Resolution Procedures.** 
      - If the National Vice-President of Chapter Maintenance determines a preponderance of the evidence supports finding the Respondent responsible for violating the Code, the case may be resolved by informal resolution.
      - The National Vice-President of Chapter Maintenance may propose an informal resolution to the Respondent. The written proposal must
        - outline the provisions of the Code for which a preponderance of the evidence supports a finding of responsibility;
        - describe the nature of the alleged misconduct in sufficient detail to allow the Respondent to accept or reject the finding of responsibility;
        - include a copy of the Investigator’s report, if applicable;
        - outline appropriate sanctions for the misconduct; and
        - provide the Respondent with three days to accept or reject (i) the findings and (ii) the proposed sanctions.
      - If the Respondent accepts the findings and the proposed sanctions, the case is resolved. The Respondent may not appeal the informal resolution.
      - If the Respondent accepts the findings but rejects the proposed sanctions, the case proceeds to a sanction-only hearing.
      - If the Respondent rejects the findings, the case proceeds to a formal hearing to determine responsibility and appropriate sanctions.\\
  \\ 
    - **National Standards Board Procedures.** 
      - The Board of Trustees appoints a National Standards Board  annually beginning immediately when this policy is approved and at the respective National Conventions thereafter.
        - The duty of the National Standards Board is to serve as a  pool of candidates from which a Hearing Panel may be selected.
        - The National Standards Board does not set policy.
        - Currently serving National Officers and Board of Trustees members may not serve on the National Standards Board.
        - The National Standards Board must have at least five members.
      - When a case proceeds to a hearing, a Hearing Panel adjudicates the case.
        - For each hearing, the Board of Trustees selects three panelists from the National Standards Board, including a Chair. The Chair ensures the hearing follows the outlined procedures.
        - When scheduling a hearing, the Chair must make all reasonable attempts to accommodate the Respondent’s schedule (i.e, the hearing should not be scheduled during class time, midterm or final exams, required school activities, etc.)
      - The National Officer with subject matter jurisdiction may serve as the Complainant.
      - The National Secretary will send the Respondent written notice of the hearing at least seven days in advance. The notice must
        - outline the provisions of the Code with which the Respondent is charged, including any provisions of the Code for which the Respondent accepted responsibility;
        - describe the nature of the alleged misconduct in sufficient detail to allow the Respondent to present a defense; and
        - indicate the date, time, and location or method (e.g., conference call, video conference) of the hearing.
      - At least three days before the hearing, the Complainant and Respondent will submit the following information to the Hearing Panel Chair and the opposing party:
        - A list of all pertinent witnesses to be called at the hearing.
        - Copies of all pertinent evidence to be presented at the hearing.
        - The names of any advisors accompanying the party at the hearing.
      - The panel will conduct the hearing according to the following guidelines:
        - The Hearing Panel may question any party or witness. The Complainant and Respondent may submit questions to the Chair, who will ask the questions at their discretion.
        - The Hearing Panel will review the charges with the Respondent. 
          - The Respondent may admit or deny responsibility for each charge. 
          - If the Respondent admits responsibility for all charges, the Hearing Panel will only consider information to determine the appropriate sanction.
        - The Complainant will have the opportunity to present information substantiating the Respondent’s alleged misconduct, including pertinent witnesses, written statements, and other records.
        - After the Complainant’s presentation, the Respondent will have the opportunity to present a defense, including pertinent witnesses, written statements, and other records.
        - Witnesses may only be present during the proceedings while offering testimony.
        - The Hearing Panel may limit the number of character witnesses or accept written statements instead.
        - After the presentation of all pertinent information, the Hearing Panel will excuse the parties and their advisors and deliberate.
        - The Hearing Panel will determine, by a majority vote, whether the Respondent is responsible for each individual charge.
        - If the Hearing Panel finds the Respondent responsible, the Hearing Panel determines the appropriate sanctions.
      - The Hearing Panel will keep minutes of all hearings. 
        - The minutes will serve as the sole record for all hearings. 
        - The minutes should accurately summarize the information presented by the Complainant, Respondent, and any pertinent witnesses. 
        - Deliberations will not be included in the minutes.
      - If the Respondent does not appear for the hearing, the hearing will proceed as scheduled and the Hearing Panel will consider the information substantiating the Respondent’s alleged misconduct. 
      - The Hearing Panel will notify the Respondent of the outcome in writing within seven days of the hearing. The notice must include
        - the determination of responsibility for each charge;
        - any sanctions assigned; and
        - any applicable appeal procedure.
      - The Hearing Panel must forward copies of the following records for all Standards Board and appellate proceedings to the National Vice-President of  Chapter Maintenance and the National Secretary within seven days of notifying the Respondent:
        - The written complaint.
        - The Respondent’s hearing notification.
        - The hearing minutes.
        - The Respondent’s outcome notification.

==== 10. Evidentiary Limitations in Cases Involving Alleged Sexual Misconduct. ====
  10. **Evidentiary Limitations in Cases Involving Alleged Sexual Misconduct.**
    - An alleged victim’s sexual history is not admissible.
    - The Respondent’s sexual history is only admissible if it reasonably demonstrates (a) a pattern, or (b) repeated or predatory behavior. The Hearing Panel Chair determines if evidence is relevant. The Respondent’s sexual history may be established by previous findings in a campus or legal proceeding or previous good faith allegations.

==== 11. Sanctions ====
  11. **Sanctions.**
    - **Member Sanctions.** 
      - By a majority vote except where indicated, a Chapter’s Standards Board or a Hearing Panel may assign one or more of the following sanctions to any member for violating the Code:
        - //Warning:// a written notice that other violations of the Code will result in more severe conduct action.
        - //Probation:// a designated period of time during which other violations of the Code will result in more severe sanctions.
        - //Restitution:// compensation for damage to another’s property.
        - //Fines.//
        - //Community service:// a requirement that a member complete a specific, supervised service.
        - //Loss of privileges:// denial of specific organizational privileges for a designated time period.
        - //Behavioral requirement:// a required activity, including academic counseling, mental health counseling, substance abuse screening, written apology letter, etc.
        - //Educational programming:// a requirement to attend, sponsor, or present a program related to the violation.
        - //Eligibility restriction:// inability to hold elected or appointed office or represent the organization for a designated time period.
        - //Removal from elected or appointed office.//
        - //Bid revocation:// the removal of a Member-in-Training from the organization.
          - As part of the sanction, the Standards Board or Hearing Panel must note whether or not the Respondent is eligible to receive another bid in the future.
        - //Suspension:// a member’s temporary separation from the organization for a designated time period.
          - For the duration of the suspension, the Respondent
            - is not Active with the Fraternity;
            - may not hold or run for an elected position within the Fraternity;
            - may not participate in or attend Fraternity sponsored events.
        - //Expulsion:// a member’s permanent separation from the organization.
          - Expulsion requires a unanimous vote of the Standards Board or Hearing Panel.
          - Upon expulsion, the Respondent loses all fraternal rights and privileges.
          - All materials officially bearing the name and symbols of Mu Beta Psi shall be surrendered to the Chapter or the National Organization. 
        - //Other sanctions:// additional or alternate sanctions appropriate to the violation.\\
  \\ 
    - **Chapter Sanctions.** 
      - By a majority vote, a Hearing Panel may assign one or more of the following sanctions to any Chapter for violating the Code:
        - //Warning:// a written notice that other violations of the Code will result in more severe conduct action.
        - //Probation:// a designated time period during which other violations of the Code will result in more severe sanctions.
        - //Restitution:// compensation for damage to another’s property.
        - //Fines.//
        - //Community service:// a requirement that a Chapter complete a specific, supervised service.
        - //Loss of privileges:// denial of specific organizational privileges for a designated time period.
        - //Educational programming:// a requirement to attend, sponsor, or present a program related to the violation.
        - //Charter Suspension:// a Chapter’s temporary cessation of all organizational activities for a designated time period.
        - //Charter Revocation:// a Chapter’s cessation of all organizational activities until reestablished under the Fraternity’s Reactivation Policy.
          - Charter Revocation must be ratified by a three-fourths vote of the Board of Trustees.
            - The Board of Trustees may refer Brothers involved in the circumstances leading to Charter Revocation to the National Standards Board for an expulsion hearing.
          - Chapters which are still active when the recommendation to revoke their Charter is made must be given the opportunity to address the Board of Trustees before a final vote is taken.
          - Within thirty days of Charter Revocation
            - All Chapter and Fraternity property must be disposed of under the procedures of Section 7.5 of the Chapter Oversight and Reinstatement Policy.
            - The National Vice-President of Chapter Maintenance must notify the Host Institution of the revocation.
          - In cases involving the Alumni Association, rather than revoking the Association’s Charter, the Board of Trustees may require the removal and replacement of some or all members of the Association’s Executive Board. 
            - If all members of the Executive Board are removed, the Board of Trustees shall assume control of the Association until the election of a new Executive Board.
        - //Other sanctions:// additional or alternate sanctions appropriate to the violation.

==== 12. Appeals ====
  12. **Appeals.**
    - **Grounds for Appeal.** 
      - Appeals must be based on one or more of the following grounds:
        - Procedural error substantially affecting the outcome of the case.
        - New information not available at the time of adjudication that could substantially affect the finding of responsibility.
        - Disproportionately severe sanctions in light of the violation.\\
  \\ 
    - **Limited Appellate Review.**
      - Unless the appeal is based on new information that was not available at the time of adjudication, an appeal is limited to reviewing the written record. The written record includes
        - the written notice sent to the Respondent and Complainant;
        - copies of pertinent evidence presented at the hearing;
        - the written hearing minutes; and
        - the written outcome.
      - The Respondent, Complainant, and hearing body may also submit written statements for review on appeal.\\
  \\ 
    - **Sanctions Effective During Appeal.**
      - Sanctions will be implemented while an appeal is pending. 
      - In extremely exigent circumstances, the Chair of the Board of Trustees may stay the implementation of a sanction pending the outcome of an appeal\\
  \\ 
    - **Appeals from Standards Board Decisions.**
      - Any member found responsible by a Chapter Standards Board may appeal in accordance with the Chapter’s bylaws. 
        - Once an appellant exhausts the appeal procedure outlined in the Chapter bylaws, they may appeal to the Board of Trustees.\\
  \\ 
    - **Appeals to the Board of Trustees.**
      - Respondents may appeal to the Board of Trustees from any case adjudicated by a
        - Chapter Standards Board, where the Respondent exhausts the appeal procedure outlined in the Chapter bylaws; or
        - Hearing Panel.
      - Appeals to the Board of Trustees must be filed within seven days of the written outcome, barring exigent circumstances. 
        - Exceptions are made at the sole discretion of the Chair of the Board of Trustees.
      - Appeals are reviewed for clear error or a compelling justification for altering an assigned sanction.
      - The Board of Trustees will review an appeal within 60 days.
      - The Board of Trustees may reverse a finding or modify a sanction.
      - The Board of Trustees will notify the appellant of the outcome in writing within seven days of the decision.
      - The Board of Trustees decision is final.

==== 13. Changes to the Code of Conduct. ====
  13. **Changes to the Code of Conduct.**
    - The Code of Conduct may be revised as necessary by the Board of Trustees and approved by a majority vote of the Legislative Council.

> Approved September 14, 2022
> Rob Faggart, National Vice-President of Chapter Maintenance
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