NATIONAL EXECUTIVE COMMITTEE APPEALS POLICY

According to Article XIV of Title I of the National Bylaws, the National Executive Committee serves as the Fraternity’s appellate body. As such, the National Executive Committee hears appeals of individual, collegiate chapter and alumni association disciplinary actions.

According to Article XIV of Title I of the National Bylaws:

Any individual, collegiate chapter, or alumni association may exercise the right of appeal to the NEC. The appeal must be typewritten and sent to the national headquarters. Documents supporting the appeal must be submitted at the same time. Individual member appeals involving disciplinary action decided by the COS must be submitted within 365 days of the initial decision. Chapter and alumni association appeals involving disciplinary action decided by the COS must be submitted within 270 days of the initial decision. Appeals involving discipline due to financial delinquency may be submitted at any time. The national staff provides copies of the appeal and supporting documentation to the NEC. The NEC notifies all parties involved in writing of its decision within twenty days of their deliberation. NEC decisions are final.

All papers in connection with an appeal shall be typewritten. Legible copies of appropriate supporting documents should be included with the original letter of appeal.

National Level Disciplinary Actions are those levied by the Commission on Standards. Chapter Level Disciplinary Actions are those levied by the individual chapter. All disciplinary actions concerning matters of financial delinquency are considered to be Chapter Level Disciplinary Actions.

All appeals of National Level Disciplinary Actions shall be made in writing, and shall be provided to the national headquarters no less than four weeks prior to a regularly scheduled meeting of the National Executive Committee. Appeals submitted less than two weeks prior to a regularly scheduled meeting of the National Executive Committee shall not be heard until a subsequent meeting of the National Executive Committee.

The following rules govern the process of appeals consideration:

  1. The National Headquarters will forward copies of the appeal, along with all investigation reports and other relevant materials, as soon as the appeal is received.
  2. The National Executive Committee may request clarification from members of the investigation team at any point during deliberation, either in person or via conference telephone. Non-members of the National Executive Committee, including members of the investigation team and national headquarters staff, may be asked to be present during the appeal, but shall not enter into discussion with nor question appellants during the appeal without the request of the National Executive Committee. The National Executive Committee may enter Executive Session at any time during the appeal and request that non-members of the National Executive Committee be excused.
  3. After reviewing the written appeal, the National Executive Committee may request that the appellant be present during a review of the appeal in person or via telephone conference in order to answer questions related to the appeal. If the appellant is requested to appear in person or via telephone conference in addition to the written appeal, he shall have no more than 15 minutes to address the National Executive Committee, and the National Executive Committee may follow his presentation with no more than 15 minutes of questions. These times may be extended by a simple majority vote of the members of the National Executive Committee.

In general, the National Executive Committee considers appeals based on the following:

  1. The proper disciplinary procedure and/or investigation protocol was not followed, and the appellant(s) was/were therefore denied due process. In these cases, the National Executive Committee usually reviews whether the correct procedure was followed.
  2. The conclusions of the investigations and/or Commission on Standards are in error, and the appellant(s) was/were therefore wrongly disciplined for action(s) that he/they did not commit. In these cases, the National Executive Committee usually examines the whole case as if it had not been heard by the Commission on Standards.
  3. The appellant(s) did not participate in the action(s) for which the discipline was levied and was/were therefore wrongly disciplined for action(s) that he/they did not commit. In these cases, the National Executive Committee may examine the whole case as if it had not been heard by the Commission on Standards.
  4. That the discipline levied was not merited by the investigation’s findings.

In general, once an appeal is heard and a decision is rendered, the National Executive Committee will consider additional appeals only if new information is presented.

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