Disciplinary trials

[Gene Bellis]

In my social organization.  The Board of Directors hears all complaints against members and decides by two thirds majority vote whether to expel the member or not.  My question is can the Board of Directors require that you give them a list of your witnesses.  Also, they will not allow any conversations by the accused or the accuser.  My question is: do they have this right, and if not, how do you approach them?
 

[Gary Novosielski]

It sounds like your organization has rules in its bylaws that cover this.

 

RONR has its own rules on discipline, and they do not give the Board of Directors the power to expel members. 

 

But your rules supersede those in RONR, so I'm afraid we can't offer much help, except to say that any powers not given to the board in the bylaws are powers it does not have. 

[Thomas J O'Brien]

Can you List the Discipline section of your By-Laws?

[Guest Edgar]

Can you List the Discipline section of your By-Laws?

 

He can but the real question is: should he? And the answer is: he probably should not.

[Josh Martin]

Can you List the Discipline section of your By-Laws?

 

Interpreting bylaws is beyond the scope of this forum.

[Thomas J O'Brien]

Well then maybe he can state whether the By-Laws give the Board the power or authority to force ones list of witnesses before the hearing. His question sounds as if those specific clauses  are not in there and he is looking where in RR he can find any of RR rules that address this. It also sounds as if he is looking for something in RR that challenges his Board in what they are doing. My limited knowledge says that if his clubs By-Laws do not give them authority to set specific hearing rules and procedures then they should refer to RR. 

[Josh Martin]

Well then maybe he can state whether the By-Laws give the Board the power or authority to force ones list of witnesses before the hearing. His question sounds as if those specific clauses  are not in there and he is looking where in RR he can find any of RR rules that address this. It also sounds as if he is looking for something in RR that challenges his Board in what they are doing. My limited knowledge says that if his clubs By-Laws do not give them authority to set specific hearing rules and procedures then they should refer to RR. 

 

It's not clear to me that the organization's disciplinary procedures even require a trial.

 

For what it's worth, under the formal disciplinary procedures in RONR, I'd say the assembly is free to adopt a rule requiring a list of witnesses to be submitted in advance if it wishes. "At any time before the commencement of the trial with the first of the 'preliminary steps' described below, the assembly may, by majority vote, adopt a resolution to govern the trial specifying details not inconsistent with the procedure described here." (RONR, 11th ed., pg. 664)

 

I'm not entirely sure what this bit about not allowing "any conversations by the accused or the accuser" means, so I don't know what to say about that.

[Gene Bellis]

Here's What the bylaws say.  Disciplinary Action:

(A) Expulsion:  A member may be expelled from membership in this organization for good cause.  For the purposes of this section, " good cause" shall include, without limitations, the following behavior at dances, functions or meetings or at the dances, functions of meetings of any other affiliated dance club: assaultive behavior against any person; disorderly conduct tending to promote a breach of the peace; open and notorious illegal or grossly immoral public conduct; and the personal conduct adverse to the best interests and purposes of this organization.

(  Required Hearing On Complaint:  A member may be expelled by the affirmative vote of not less than two thirds (2/3) of the members of the Board of Directors provided that:(1) all board members must be present to vote on expulsion; (2) the member concerned is given written notice, at least 2 (2) weeks prior to the board meeting of directors, said notice to explain the general nature of the complaint; and (3) the member concerned is given an opportunity to appear before the Board of Directors to confront his or her accuser and to present witnesses and otherwise respond to said complaint. 

©  Reinstatement: A member who has been expelled from membership in the organization may reapply for membership any time after (12) calendar months following the date he or she was expelled.

[Josh Martin]

Here's What the bylaws say.  Disciplinary Action:

(A) Expulsion:  A member may be expelled from membership in this organization for good cause.  For the purposes of this section, " good cause" shall include, without limitations, the following behavior at dances, functions or meetings or at the dances, functions of meetings of any other affiliated dance club: assaultive behavior against any person; disorderly conduct tending to promote a breach of the peace; open and notorious illegal or grossly immoral public conduct; and the personal conduct adverse to the best interests and purposes of this organization.

(   Required Hearing On Complaint:  A member may be expelled by the affirmative vote of not less than two thirds (2/3) of the members of the Board of Directors provided that:(1) all board members must be present to vote on expulsion; (2) the member concerned is given written notice, at least 2 (2) weeks prior to the board meeting of directors, said notice to explain the general nature of the complaint; and (3) the member concerned is given an opportunity to appear before the Board of Directors to confront his or her accuser and to present witnesses and otherwise respond to said complaint. 

©  Reinstatement: A member who has been expelled from membership in the organization may reapply for membership any time after (12) calendar months following the date he or she was expelled.

 

It is up to the organization to interpret its own bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.