Phi Mu Delta Nu Beta Colony By-Laws

Article I Purpose of the Judicial Board A. Self-Governance –affirms that the Judicial Board members are responsible enough to identify and correct violations of the Greek Community’s ideals and policies. B. Accountability –identifies the need to quickly and appropriately confront behavior that violates the Greek Community’s ideals and policies in order to maintain a high standard of values. C. Education –assures that training, hearing procedures, and sanctions are educational for the individuals and chapters involved as well as the Greek Community as a whole.

Article II Jurisdiction A. The Fraternity or Sorority is responsible to their Inter/National Organization through their charter agreements. B. The IFC has jurisdiction over all member chapters and colonies. Alleged infractions related to the chapter/colony as an entity will be addressed by the Judicial Board. C. The Judicial board will follow the general procedures for hearings, decisions, and sanctions as outlined in this policy. D. The Judicial Board will only hear cases related to a membership. If it is determined that the incident is the responsibility of individuals, the case will be referred to Penn College’s Judicial Board.

Article III Composition Section 1 - Composition The Sergeant-at-Arms shall serve as the head chairmen of the Judicial Board. The Judicial Board is composed of the Academic and Service chairmen, Chaplin and the V.P. of Membership. The V.P. of Membership is a non- voting members unless of a tie. A chapter president shall not serve on the judicial board. a. The President is to serve on the Judicial Committee if a committee is in question, if a conflict of interest is determined and if at any point a committee member is unable to fulfill their duties. b. In an event that the V.P. of Membership and Sergeant-at-Arms reaching a tie the president will provide a tie breaker Each chapter shall have no more than two members serving on the Judicial Board unless the Chair makes the count for any case higher. Article IV Responsibilities and Duties Section 1 - Responsibilities of Sergeant-at-Arms shall be as follows: Signing a confidentiality statement which will allow for review of past Judicial Board cases for consideration of future sanctions. The VP of Judicial Affairs must sign this agreement to fill the position. Failure to comply with confidentiality will result in an Executive Board review. Make arrangements for the hearing including location, meeting room set- up, appointment of a minute-keeper, and notification of the hearing to the board members and/or involved parties Determine with the V.P. of Membership if any Judicial Board members need to be excused from a hearing due to a conflict of interest If the president is unavailable then the Sergeant-at-Arms can fill the open seat with the person of his choice. Provide involved parties with an outline of the Judicial Board hearing and procedures Presiding over the Judicial Board hearing and mediation Inform, in writing, cited member(s), the advisers and the executive board of charges, hear decisions, sanctions, and appeals process. Inform any member, advisor or national headquarters of the judicial process upon request. Section 2 - Duties of the Judicial Board shall be as follows: Establishing procedures for and dealing with violations of the following: National Fraternity of Phi Mu Delta Constitution National Fraternity of Phi Mu Delta Bylaws Nu Beta Colony Constitution and Bylaws IFC Constitution IFC Bylaws FIPG Risk Management Educate chapter members about the judicial procedures. Conduct fair hearings, following appropriate procedures and working to develop restorative and helpful sanctions. Maintaining confidentiality before, during, and after Judicial Board hearings Judicial board minutes will be shared with the Executive Board, the Chapter at large National Headquarters and National Council upon request. Article V Judicial Procedures Section 1 - Reporting a Violation Any member or guest may report alleged misconduct involving a brother. This process is initiated through the submission of a written account of the incident to the Sergeant-at-Arms or the V.P. of Membership. Reports should be submitted within 10 days after the event takes place. Upon the receipt of a written report, the V.P. of Membership and Sergeant-at-Arms may determine that there is sufficient reason to charge the member with a violation of the documents listed in Article IV: Section 2-A. If a violation is determined then it proceeds to a judicial hearing. Section 2 - Notification of Hearing A letter of notice must be provided to the member(s) being sanctioned. The letter may contain specific requirements or restrictions (i.e. loss of voting, suspension, disaffiliation) pending the resolution of the matter through the hearing process as needed to protect the interests of the involved parties involved. The member(s) must respond within 7 consecutive days to either accept or dispute the complaint against them by contacting the V.P. of Membership or Sergeant-at-Arms through written submission (i.e. - email or letter). If member(s) do not respond within the allotted time period, it is assumed they will accept responsibility for the complaint. During this time the Sergeant-at-Arms will review/investigate the complaint further. Section 3 - Options for Resolution Following notification of the charges, parties involved will meet with the V.P. of Membership and Sergeant-at-Arms discusses the charges and the options. Disputing a Complaint If the charges are disputed, the case will move forward to the Judicial Board for a hearing. Accepting a Complaint If the charges are not disputed, alternative solutions such as negotiation may be offered by mutual consent of the parties involved and on a basis acceptable to the V.P. of Membership and Sergeant-at-Arms. A written summary of the agreement is provided to all parties. The agreement is binding and once entered is not subject to appeal. Failure to abide by the agreement could result in the matter being brought to the Judicial Board. Section 4 - Pre-Hearing Procedures The Judicial Board Members are notified of the hearing date and time and will be made aware of their obligations as voting members. All Judicial Board members must be present in order to hear the case. Section 5 - Challenging Board Members At the start of the hearing, there will be an opportunity to challenge Judicial Board Members who could carry bias into the hearing. For example, someone who was presents during the event in question or has a significant conflict of interest. If a bias is proven, the hearing is immediately postponed and the President will fill that spot. Section 6 - Overview of Hearing Procedures Please see the Addendum titled “Procedures” for the specific hearing outline. Advisor’s Presence at the Hearing Students appearing before the Judicial Board have the right to have an advisor present at these proceedings. Regardless of who is chosen as the advisor, the organization is responsible for presenting their case. If the advisor wishes to participate, he/she may do so only after both cases have been heard. This procedure will be strictly followed at all times. Witnesses Witnesses may be utilized in the hearing, but will be limited to three individuals for the organization accused and three individuals for the complainant. These individuals could include: Police Officers, College employees, community members, or anyone that files a complaint related to the incident. The witnesses will be allowed to make a statement and then must be prepared to be questioned. Past Offenses Past offenses are not considered when determining innocence or guilt, but may be considered when deliberating sanctions. Section 7 Sanctioning The Judicial Board’s sanctions are intended to be educational and restorative in nature. Each sanction will have a specific purpose and meaning. They should either discourage future violations and provide consequences for misconduct or encourage our fraternity members to exemplify the values and rituals by which they were founded.

Article VI Post-Hearing Procedures Section 1 - Judicial Outcome and Approval After considering all of the facts of the case, the Judicial Board will make their decision and will present the outcome and sanctions to the parties involved with 5 days of the hearing. Section 3 - Hearing Documentation The Judicial Board will maintain a summary record of the hearing and outcome. A copy will be provided to the chapter, the chapter’s international office, appropriate advisors, and kept on file. Section 4 - Appeals Process If the organization wishes to appeal the decision of the Judicial Board, they must do so by delivering a written appeal to the Executive Board within seven (7) days from the date in which they were notified of the decision regarding the case. This letter requesting an appeal must be very specific and clearly state the reasons for the request. The Executive Board will review the appeal and decide their position. If unsatisfied with the Executive board’s position, they may appeal to the Chapter. If the organization does not choose to appeal, the sanctions will go into effect immediately. If the executive board votes against the Judicial Board they may instate their own sanctions or dismiss charges altogether. Appealing to the chapter may only dismiss the charges.