Standards board and termination of a member

[Guest Gabriella]

Here is the situation I am facing:

 

The Standards Board/Committee for an organization has received information from one member of the organization about another member. While this information would constitute as grounds for termination if it were true, there is no evidence in support of the claim. The "offender" has not done anything else to soil his/her own reputation or the reputation of the organization.

After receiving the unverifiable information, the Standards Board met with the said "offender" and terminated their membership without giving him/her a chance to refute the claim or give their side of the story.

 

Is this hearsay? Can the committee simply take one member's word over another despite their equal level of authority within the organization?

 

Because there is no designation for what level of "proof" must be provided in order to terminate a member in the bylaws, Robert's Rules of Order govern the proceedings.

[Larry Cisar]

If RONR governs the disciplinary action, you need to read carefully Chapter XX beginning on page 643. Each step needs to be carefully followed.

[Dan Honemann]

The following passages are just about all that Robert's Rules of Order has to say about hearsay and the standard of proof required in disciplinary proceedings:

 

"Ordinarily it is impossible for the society to obtain legal proof of facts in disciplinary cases. To get at the truth under the conditions of such a trial, hearsay evidence has to be admissible, and judgment as to the best interests of the society may have to be based on it. Witnesses are not sworn. The persons with first-hand knowledge may be nonmembers, who probably will decline to testify, and may be willing only to reveal the facts privately to a single member on condition that their names in no way be connected with the case. Even members may be reluctant to give formal testimony against the accused. A member can be required to testify at a trial on pain of expulsion, but it is very seldom advisable to force such an issue." (RONR, 11th ed., p. 655, ll. 24-35)

 

"A member who votes for a finding of guilt at a trial should be morally convinced, on the basis of the evidence he has heard, that the accused is guilty." (RONR, 11th ed., p. 668, ll. 16-18)

[Lynne]

Does your organization's Bylaws have a process for removing a member?  In particular, does the Standards Board/Committee have that power without consent of all the members?  If not, I also suggest reading Chapter XX. 

[Gary c Tesser]

Lynne, please note that Gabriella is probably not following this any more.

 

Notwithstanding that I think your post is indeed sensible.  And please don't stop.

[Guest Pete]

Does a club have the right to terminate a member because of a personal injury suit he/she brought against the club?

[jstackpo]

Please ask a new question in a new topic.  Thanks