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Bylaws:article_15

Article 15 (Judicial Board)

15.1

The judicial board shall be made up of one representative of each grade level, as defined by MST, in the chapter (freshman, sophomore, junior, senior+), when applicable, who will be empowered to judge any complaint made by any member against another and to punish said members if found guilty; provided however, that all complaints must be based on one or more of the laws, rules, or regulations of the Fraternity, Constitution or Bylaws of the Fraternity, or the bylaws of the chapter.

15.2

The judicial board chairman shall be the Sergeant at Arms. He shall have no vote, except in the case of a tie vote.

15.3

The judges shall be selected by the administrative committee within one week of the beginning of the semester. Their selection shall be approved at the next regular meeting.

15.4

None of the following officers or committee chairmen shall be able to be a member of the judicial board: President, Vice president, Director of Member Development, Treasurer, Director of Academic Affairs, Food Chairman, and House & Grounds Chairman.

15.5

Any member of the chapter shall be able to issue an official complaint against another member (summons). It shall be on a written form provided by the judicial board and must be presented to a member of the judicial board within 72 hours of the occurrence in question. A judicial board member will then, within 24 hours, notify the member against which the complaint was filed of the action against him. Periods when school is not in session or when the people involved are away from Rolla shall not count toward either the 24 hour or 72 hour period.

15.5.1

Level 3 MRG violations may be presented to a member of the judicial board within a week of the occurrence in question and must be acted upon by the judicial board within 72 hours of the violation being reported.

15.6

The judicial board will hear all cases and make the decision as to guilt and punishment. A minimum of three votes shall be necessary to find a person guilty.

15.6.1

The judicial board shall have the ability to suspend a member by a majority vote and expel a member by a unanimous vote. A member may appeal their suspension/ expulsion to the chapter at the next chapter meeting. A 2/3 vote of the chapter is required to overturn the verdict of the judicial board.

15.7

All cases shall be heard with the defendant present. All punishment shall be set by a three-fourths vote of the judicial board. Failure to appear will result in an automatic decision of guilt unless absence is excused in advance by the chairman, but will in no way change the punishment given.

15.8

If the accuser isn’t present the witness will be called. If the witness isn’t present the judicial board may elect to postpone the case to another date, no later than one month after the summons was given.

15.9

Any action of the Judicial Board, outside of suspensions/expulsions (described in Bylaw 14.6.1), may be appealed within one week of the action by filing with the Sergeant at Arms a written request for the Chapter to review his case. The appeal should contain a brief summary of the reason for the appeal. At the next regular chapter meeting, the judicial board chairman shall present the judicial board’s reason for the action. The defendant shall then present his reasons for wishing to appeal the decision. Each shall be limited to five minutes. There shall be no debate. A three-fourths vote is necessary for the appeal to be successful.

15.10

In the case of the complaint made by a Judicial Board member, the complaint shall be judged by the remaining members. A majority vote shall be necessary for conviction and fine or punishment.

15.10.1

In the event that the Sergeant at Arms makes the complaint, and the remaining four judge’s votes cause a tie, the case will then be presented to the Chapter Advisor, who will cast the deciding vote.

15.11

No person or group shall have the power to levy fines or punishment except stated in the Constitution and Bylaws of the Fraternity and the bylaws of the chapter.

15.12

Any vacancy in the judicial board will be filled in the same manner as in Section 3 of this article and shall be completed within two weeks of the vacancy.

15.13

In cases where no judicial board action is feasible, the president of the chapter may fine any member for any violation. Appeal may be made to the chapter as in Section 9 of this article.

15.14

The Judicial Board shall meet at least monthly. If any non-Judicial Board members—Sergeant at Arms and the four judges—are expected to attend, they will be given at least 24 hours’ notice of the meeting.

15.15

The judicial board chairman shall appoint one member to keep full and complete records of all action taken.

15.16

All fines will appear on the member’s proceeding house bill, except for when martial law is in effect at which time the fine must be paid within 24 hours.

15.17

In the case of a level 1 or level 2 violation of chapter responsibility guidelines, the following actions shall be taken: for the first violation–fine of $50, for the second violation–fine of $100, for third violation— suspension proceedings.

15.18

All fines shall be at the discretion of the judicial board, except those fines stated in the Constitution and Bylaws of the Fraternity and in the bylaws of the Chapter.

15.19

If due process—as described in this article—is not followed, then the case in question is dropped. It can only be reopened with the approval of the Chapter Advisor.

15.20

All tasks assigned by the Judicial Board as punishment for being summonsed must be completed by 11:59 PM on the following Friday unless otherwise stated by the Judicial Board.

15.20.1

Failure to complete a task assigned by the Judicial Board shall incur an automatic review at the next meeting of the Judicial Board within which an additional task or a fine may be applied