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Peer
Review Board Constitution
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Interfraternity
Council and Panhellenic Association - Peer Review Board Constitution
ARTICLE I:
NAME
The name of
the judicial bodies of the Interfraternity Council and Panhellenic
Association shall be the Peer Review Boards.
ARTICLE II:
PURPOSE
The Peer Review
Boards of the Interfraternity Council and Panhellenic Associations
will have the responsibility of reviewing cases involving chapters
who have been charged in violating Interfraternity and Panhellenic
Association or University policies.
1. Fraternity
misconduct need not be sanctioned by the entire membership in order
to be considered grounds for disciplinary action taken against the
entire chapter.
2. A complaint
may be considered a matter of referral to the Peer Review Board
whenever the actions of fraternity members could reasonably be expected
to reflect negatively upon, or cause conflict within the Greek community.
3. Complaints
will be categorized as risk management violations or conduct violations.
4. The IFC or
Panhellenic Association Vice President for Internal Affairs will
adjudicate all violations respectively for their organizations.
5. The Vice
President for Internal Affairs will review all charges filed with
the Peer Review Board and will recommend that the Community Judicial
Board adjudicate violations which the board may not be able to competently
adjudicate or which seriously violate University policy or the laws
of the Commonwealth of Pennsylvania.
ARTICLE III:
MEMBERSHIP
The membership
of the Peer Review Boards will consist of the following persons:
1. The Peer
Review Boards shall be presided over by the Vice President for Internal
Affairs respectively of the IFC and Panhellenic Association for
all hearings.
2. If the Vice
President for Internal Affairs is unable to attend a hearing, the
Vice President for External Affairs (Panhellenic Association) or
Vice President for Activities (Interfraternity Council) will preside
over the hearing.
3. Voting members
shall be comprised of the members of the respective Executive Boards
of the IFC and/or Panhellenic Association.
ARTICLE IV:
DUTIES OF MEMBERS
A. Duties of
Judicial Chair (Vice President for Internal Affairs)
1.
Receive and review all cases pertaining to violations of the IFC
and Panhellenic Constitutions, any policy enacted by the Interfraternity
and Panhellenic Associations, or violations of University policy.
2.
Schedule all meetings and hearings.
3.
Provide appropriate evidentiary materials.
4.
Preside over all Peer Review Board hearings.
7.
Announce final decision.
9.
Keep all matters related to Peer Review Board hearings confidential.
B. Duties of
Board Members
1.
Attend all Peer Review Board training sessions.
2.
Hear and decide all cases brought before the Peer Review Board.
3.
Keep all matters related to Peer Review Board hearings confidential.
ARTICLE V:
POWERS
A. The Peer
Review Board has the power to: (1) arbitrate and mediate cases,
(2) impose and/or recommend sanctions in cases involving the following:
Sanctions may
be imposed in cases dealing with:
1.
Violations of any Interfraternity and Panhellenic Association policies.
2.
Violations of University policy when referred by the Universitys
judicial administrator.
3.
Grievances brought forth by a member chapter against another member
chapter.
ARTICLE VI:
CODE OF RIGHTS AND RESPONSIBILITIES
A. The following
rules apply to member chapters, new members, guests, visitors, and
alumni.
B. All hearings
shall be governed by the "Statement of Value and Ethics of
the Bucknell Community" which will consist of the following:
Constitution of the Interfraternity Council; any policy enacted
by the Interfraternity Council, any Bucknell University policy,
or any item the Peer Review Board determines to be of importance
to maintaining the harmony of the Greek system.
C. Prescribed
conduct of member organizations:
1.
Disruption of Greek authorized activities.
2.
Intentional infliction or threat of bodily harm:
a.
Intentionally inflicting bodily harm on any person while on Greek
premises.
b.
Taking any action with reckless disregard that bodily harm could
result upon any person instigated on Greek premises; or threatened
use of force to inflict bodily harm on any person while on Greek
premises.
3.
Intentional Destruction of Property: Intentionally damaging, destroying,
or defacing of Greek property or property of any person while on
Greek premises.
4.
Theft of Property: Theft of Greek property or property of any person
while on Greek premises.
5.
Forcible entrance into any building or structure on Greek premises.
6.
Unauthorized alteration or use of fire fighting equipment, safety
devices, or other emergency or safety equipment.
7.
Negligent Infliction or Threat of Bodily Harm:
a.
Failure to exercise reasonable care, thereby creating a substantial
risk to any person while on Greek premises.
8.
Violation of Hazing and Pre-Initiation policies
9. Repetitions
of Misconduct: A chapter who is found guilty of conduct prescribed
or fails to comply with the sanctions of this code shall be subject
to the maximum sanction of dismissal or any lesser sanction authorized
by this code if found guilty for which the sanction imposed was
dismissal, suspension, or Greek Disciplinary Probation.
ARTICLE VII:
HEARING PROCEDURES
A. The Peer
Review Board hearing procedures should be attached to the Interfraternity
Council and Panhellenic Association Constitutions and be reviewed
annually.
B. Preliminary:
1.
The Vice President for Internal Affairs will review the case and
retain the right to dismiss the case at that point.
2.
The Vice President for Internal Affairs will immediately provide
written notification of charges pending to the President of the
accused organization. Written notification may be transmitted via
University e-mail.
3.
Any member of the University community may charge that a fraternity
has violated an Interfraternity or Panhellenic Association regulation
or a University policy.
a.
Charges can be filed based on a violation of the University or
IFC or Panhellenic Association policies concerning the consumption
of alcohol, the risk management policy, the policy concerning
hazing and pre-initiation activities, and/or any policy governing
or affecting Greek Life.
b.
The University may press charges on behalf of a member of the
University community or, if it is the injured party, on the behalf
of the institution.
4.
The charges are to be filed in writing to the Vice President for
Internal Affairs.
5.
The hearing date will be arranged by the Vice President for Internal
Affairs. He will notify all involved parties, in writing, of the
date, time, and location of the hearing. Notification may be made
via University e-mail.
6.
A minimum notice of five (5) business days is to be given to the
involved party of the charges prior to the hearing date.
7.
Upon the request of the accused fraternity, a delay of the formal
hearing by the Peer Review Board of up to five (5) days from the
time of the receipt of the Statement of Charges may occur. In addition,
the Peer Review Board and the accused may agree to a delay of more
than five (5) days. However, if not agreed upon the hearing must
take place within five (5) days or at the next regularly scheduled
meeting of the IFC or Panhellenic Association Executive Board.
a. The fraternity
shall not be on probation or suffer any sanctions while they
wait for a committee hearing (including appeals) unless the
fraternity agrees to the suggested sanction (the fraternity
decides to plead guilty), or would like to have the option of
time served.
C. Procedures
at the Hearing
1.
Peer Review Board Chair shall brief all involved parties on procedures
of the hearing.
2.
In a case where a board member's chapter is involved, that member
shall remove himself from that case.
3.
The parties involved have the right to call witnesses on their behalf.
4.
The parties involved have the right to have an advisor (faculty,
staff, chapter, etc.) present during the hearing. The advisor may
not be an attorney, nor may the advisor present evidence, introduce
motions, or speak on behalf of or for the organization. His or her
role is solely to advise the fraternity.
5.
The Chair shall read the charges brought against the defendant.
6.
The Peer Review Board shall be given the opportunity to present
the evidence first..
7.
The chapter shall be given the opportunity to present their case.
8.
Members of the board shall have the opportunity to question the
IFC Vice President for Internal Relations and chapter and witnesses.
Only questions of clarification or "points of information"
will be permitted.
9.
The parties involved shall leave the room and the board shall discuss
the case under the supervision of the Chair.
10.
Immediately following deliberations a vote shall be taken to determine
guilt or innocence.
a.
A quorum shall consist of 2/3 of the Executive Board members comprising
the IFC or Panhellenic Association. There must be quorum to conduct
business and to conduct a vote.
b.
In the case of a vote, a simple majority shall rule.
c.
Board members may vote guilty, not guilty, or abstain.
d.
The chairperson shall vote in the case of a tie.
11.
After a verdict is reached, the board will determine the sanctions
to be levied in the case of a guilty verdict.
12.
When all business is concluded the parties involved will be notified
verbally, by the Vice President for Internal Relations, within 24
hours, and in writing within 48 hours, by the Secretary, of the
results of the hearing.
13.
The Vice President for Internal Affairs will notify the Assistant
Dean of Students verbally within 24 hours of the decision of the
Peer Review Board.
14.
The Vice President for Internal Affairs will notify the organization
of the final appeal procedure.
15.
The Chair will adjourn the hearing.
1.
Appeals may be submitted, in writing, to the Assistant Dean of Students,
and must be submitted within five (5) days of the date of the hearing.
a.
An appeal may request that sanctions be reduced or eliminated
as a result of one of the following conditions:
1.
Lack of substantial basis and fact to support sanction.
2.
Incongruity of sanction.
3.
Alleged unfairness in procedures.
4.
Newly discovered, important evidence, not known at the time of the
hearing.
Article VIII:
DISCIPLINARY RIGHTS
1. An accused
fraternity scheduled to appear before the Peer Review Board of the
Interfraternity Council will be afforded the following procedural
rights:
a.
A written statement in advance of the hearing indicating the nature
and basis of the charge(s) obtained by the Executive Board. This
written statement may be transmitted electronically via e-mail.
b.
Upon request of the accused fraternity, a delay of the formal hearing
by the Peer Review Board of up to five (5) days from the time of
receipt of the Statement of Charges may occur. In addition, the
Peer Review Board and the accused may agree to a delay of more than
five (5) days. However, if not agreed upon the hearing must take
place within five (5) days or at the next regularly scheduled meeting
of the IFC Executive Board acting as the Peer Review Board.
c.
The fraternity shall not be on probation or suffer any sanctions
while they wait for a committee hearing (including appeals) unless
the fraternity agrees to the suggested sanction, the fraternity
decides to plead guilty, or would like to have the option of time
served.
d.
To challenge for cause any member of the Peer Review Board. Such
challenge(s) must be made in writing to the Vice President for Internal
Affairs of the Interfraternity Council. The decision of the Vice
President for Internal Affairs with regard to the challenge will
be final.
e.
To be judged only on evidence relevant to the charge(s) presented
at the hearing.
f.
To be assisted by the faculty or alumni advisor during the hearing.
g.
To be advised of the evidence against the fraternity, to have an
opportunity to rebut adverse testimony, and to question witnesses.
h.
To present evidence and witnesses relevant to the charge.
i.
To decline to appear at the hearing with the understanding that
the case will be considered in the fraternity's absence.
j.
To decline to answer questions which might tend to be self-incriminating.
(Refusal to do so shall not be considered evidence of guilt.)
k.
To be given written notification of the decision.
l.
To be advised of the reasons for the decision, if requested.
m.
To request, within one (1) week of the decision of the Peer Review
Board, a review of the case which will result in a re-hearing if
one or more of the following conditions is established to the satisfaction
of either of the reviewing authorities:
1.
All relevant evidence has not been introduced.
2.
New evidence or information has become available.
4.
Procedural error - a guaranteed element of due process was abridged
or omitted.
5.
To have three levels of review:
a.
The Peer Review Board.
b.
The Assistant Deans of Students
2. A record
of the offense and the sanction imposed against the fraternity will
remain on file in the Office of the Deans of Students and with the
Vice President for Internal Affairs of the IFC.
Article IX:
SANCTIONS
1. The following
sanctions will be assigned by the IFC Peer Review Board to a chapter
found to be in violation of the IFC and Panhellenic Risk Management
Policy. Sanction levels are cumulative and are not cleared until
the end of the semester. All fines are due within ten (10) business
days or an additional fee of $50.00 per business day is added to
the total sanction.
Wristband
Log Offenses:
first
offense if under 5 log violations: warning
1 - 5 log violations: $ 50.00 fine
6 10 log violations: $ 100.00 fine
11 or more violations: $ 150.00 fine
Unregistered
Social Events:
first
offense: $ 200.00 fine
second offense: $ 400.00 fine
third
offense: $ 1,000.00 fine and probation for remainder of semester.
Underage
Alcohol Possession or Consumption:
first offense: $ 100.00 per individual
second offense: $ 150.00 per individual
third offense: $ 200.00 per individual
subsequent violations: $300.00 per individual
Miscellaneous
Risk Management Policy Violations (these
include failure to provide beer tickets/cards, failure to provide
adequate food and alternate beverages, failure to provide TIPS certification
cards or proof of TIPS certification at the time requested, failure
to post State sign at bar regarding the legal age for alcohol consumption,
failure to have the appropriate number of individuals working assigned
stations, etc.)
first
offense: $ 50.00 fine per risk management violation
second
offense: $ 100.00 fine per risk management violation
third
offense: $ 200.00 fine per risk management violation
fourth
and subsequent offenses: $ 300.00 fine per risk management violation
Example: If
a chapter is found responsible for the following violation: (1)
no alternate food or beverages available, and (2) front door not
staffed by two TIPS certified members. And if these are the chapters
first violations of the year, the fine would be $50.00 per violations
for a total of $100.00.
NOTE:
Eight (8) offenses of any kind or an accumulation of $ 750.00 in
fines will result in automatic social probation for thirty (30)
academic days.
1. There is
a right of appeal from the IFC Peer Review Board. Appeal from the
Peer Review Board is to the Assistant Dean of Students. Decisions
of the Appeals Board will rescind, revise, or modify the action
of the Peer Review Board.
2. The Peer
Review Board shall have the privilege and right to examine itself
as to whether it is qualified to dispose of any case. Should it
find itself unqualified it may refer the case to the Community Judicial
Board.
3. All money
collected from fines shall be used by the IFC to provide educational
programs for the Greek system, to provide IFC scholarships, and/or
to contribute funds to community service and/or philanthropic programs.
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