VII.M. BSC PNG and Unit-Level PNG Policy: Difference between revisions

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(Board approved 5/7/15.)
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==1.Overview:==
==1. Overview==
The acronym PNG stands for persona non grata. Individual houses and apartments, using a variety of distinct procedures, assign the label PNG to a person who is a non-member and who is no longer welcome in that individual complex. The purpose of a PNG is to provide a safe environment for our members and to reduce organizational liability caused by allowing unsafe non-members to be present on BSC property.


:A BSC PNG is a mechanism that prohibits a non-member from being present at any BSC property and prevents them from later obtaining a BSC contract without prior review of their application by the Administrative Committee (AdCom). The purpose of a BSC PNG is to provide a safe environment for our members and to reduce organizational liability caused by allowing unsafe non-members to be present on BSC property.
In addition to unit-level PNGs, a central-level PNG may also be processed, that bars a non-member from admittance to any BSC property.  A BSC PNG is a mechanism that prohibits a non-member from being present at any BSC property and prevents them from later obtaining a BSC contract without prior review of their application by the Administrative Committee (AdCom). Both the unit-level and central-level PNG processes are outlined below. Someone can only be PNGed based on behavioral concerns constituting a policy violation.  PNGS should not be processed based on someone’s identity or protected class, as articulated by the BSC Anti-Discrimination Policy.


==2. The Central-Level PNG Policy==
:1. In the event that the respondent to a central-level complaint is not a member of the BSC, then that respondent shall be processed through the Central Level PNG process, as outlined below:
::a. After a report of that person’s alleged actions is filed with the central level, the Cooperative Experience Manager will notify the respondent of the allegations and tell them they are temporarily not permitted on BSC property while the case is being processed and resolved. 
::b. After being notified of the complaint, the respondent will have 72 hours to provide a statement to the Cooperative Experience Manager about the allegations.
::c. The Cooperative Experience Manager, Vice President of Experience and Training, and a House Level Manager will meet to review any case materials.  This group will decide if the respondent is responsible for a policy violation.  If the group finds the respondent responsible for a policy violation, they shall be PNGed from BSC property.  The decision will go into effect immediately following the decision.
::d. The Cooperative Experience Manager will notify the respondent and complainant of the outcome of the case. 
::e. The non-member the PNG affects may not appeal the case.  However, a current BSC member may request to overturn a BSC PNG of a non-member if there was a procedural irregularity, misapplication of the policy in regards to the facts, or if new evidence has come to light. A request for overturning a BSC PNG for any of these reasons must be requested by the member within five working days of the PNG proceedings. The ECSC will evaluate these issues based on the substance of the member’s request and determine what action if any is warranted.
::f. After the appeal timeline has passed, the respondent’s name will be kept on file at the Central Office on the Central Level PNG/ Do Not Admit list, which will be shared with House Managers.  The respondent shall not be permitted onto any BSC property.


==2.Definitions:==
==3. The Unit-Level PNG Policy==
This policy does not seek to formalize and make uniform the various informal and distinct PNG processes. Instead, this policy expects individual units to notify the central level in order to avoid one of the following scenarios: (a) Assigning an individual to a house from which he or she has received PNG status; (b) Hiring an applicant with PNG status for a job that requires that individual to enter the premises where he or she received PNG status; (c) Admitting a new member who received PNG status while a nonmember for offenses that would have resulted in termination had the non-member been a member; (d) Allowing an individual to “flee” from termination by transferring.


:'''Enforcement Committee''' – the Enforcement Committee shall refer to the committee that is investigating a non-member for BSC PNG consideration.
Unit-Level PNG status will be kept on file at the Central Office when the following criteria are met:
:(1) The PNG is made at a council meeting with quorum and a majority vote.*
:(2) The procedure must be properly documented. **
::a) Allegations must be described.
::b) Entire process must be described.
::c) Attendance and vote-count must be noted.***
::d) It must be noted whether or not the PNG’d individual is a BSC member.
::e) It must be noted whether or not the PNG’d individual was present at proceedings.
::f) Minutes should be submitted if available.
::g) A written response from the PNG’d individual should be submitted if available.
:::■ Houses may use more rigorous voting requirements but not less.
:::■ A PNG form will be available outlining these requirements.
:::■ AdCom will treat attendance and vote count as good indicators of the seriousness of the PNG status when deciding cases (see below). If particular circumstances warrant that AdCom reconsider this assumption, reasons should be noted on the form.


:'''Advocating Member''' – this section refers to the Advocating Member instead of the Member Advocate because the respondent is not currently a member and thus does not have a right to use the services of the Member Advocate.
==4. Overturning PNG Stipulations==
:1. Anyone with a BSC central-level PNG status must obtain AdCom approval in order to be:
::a. Admitted as a member to the BSC.
::b. Admitted as a house-level boarder.
:2. A member with a unit-level PNG status must obtain AdCom approval in order to be:
::a. Assigned to live in a complex where PNG status was assigned;
::b. Considered for any HiCom-hired job requiring the individual to enter the premises of a complex where PNG status was assigned;
::c. Assigned a transfer to a new house if PNG status was assigned for offenses that would have resulted in termination had the individual remained in his or her original house.
:3. A non-member with a unit-level PNG status must obtain AdCom approval in order to be:
::a. Assigned to live in a complex where PNG status was assigned;
::b. Admitted as a new member to the BSC if PNG status was assigned for offenses that would have resulted in termination had the individual been a member;
::c. Considered for any HiCom-hired job requiring the individual to enter the premises of a complex where PNG status was assigned.
:4. AdCom members may vote to authorize a change to someone’s PNG status only if the preponderance of the evidence shows that the following two conditions are met:
::a. The potential member will not prove a risk of harm to self, others, or property.
::b. The potential member will not engage in conduct that is prohibited by BSC policies.
:5. At least two thirds of voting AdCom members must agree that these conditions are satisfied.
:6. AdCom may also impose specific restrictions and conditions on membership, such as restricting the individual’s access to specific units or creating a conditional contract with specific behavioral expectations.




:It is incumbent upon the respondent to find an Advocating Member if s/he wishes to have one. The Advocating Member must:
[''Board approved 5/7/15.'']
::1. Be a current BSC Member.
::2. Agree to act as the Advocating Member.
::3. Agree to not be compensated for the time.
 
 
:'''Enforcement Committee Screening Committee (ECSC)''' – If the Enforcement Committee is ConCom, the Screening Committee shall be the ConCom Chair, Executive Director, and Advocating Member (if one exists). If the Enforcement Committee is Cabinet, the Screening Committee shall be the President, Executive Director, and Advocating Member (if one exists).
 
:'''Enforcement Committee Chair''' – The Enforcement Committee Chair is either the ConCom Chair or President, respective to the Enforcement Committee.
 
 
==3.Investigation Procedure:==
 
:A. A non-member (“the respondent”) may be referred to the ECSC for BSC PNG consideration by the OM or MRS, in either of the following situations:
 
::If the OM or MRS receives notice that a unit has PNGed the respondent for behavior that fits one or more of the following criteria:
:::i. The behavior is dangerous to self, others, or property.
:::ii. The behavior would reasonably result in termination, if the respondent were a member.
 
 
:If a member or central-level supervisor has contacted the OM or MRS about a non-member that has displayed behavior fitting i or ii above.
 
 
:B. The factfinder shall be one of the following: (i) the Member Resources Supervisor (ii) the Operations Manager, or (iii) a designee of the Executive Director, as appropriate.
 
 
:C. The Executive Director shall inform the respondent of his or her right to have an Advocating Member contingent upon finding a current BSC member who agrees to act in this role. If an Advocating Member is obtained, the Executive Director or an appropriate designee shall make a good faith effort to meet with this person before the proceedings. The Advocating Member shall be advised of his/her role and responsibilities in the adjudication procedures.
 
 
:D. The fact-finder shall create a report within ten business days and submit it to the Enforcement Committee Chair, including, but not limited to: witness statements regarding the behavior of the respondent, and the respondent’s response to the complaint(s). The fact-finder’s report shall be viewable to the respondent and the Advocating Member, and shall include a recommended course of action. The ED may choose to extend the timeframe based on extenuating circumstances, such as being between academic sessions or the unavailability of key witnesses.
 
 
:E. The fact-finder shall submit the report to all parties that should reasonably have a chance to respond to it, including:
::The respondent and the Advocating Member
::The OM or MRS.
::The unit-manager of any units that have PNGed the respondent.
::Any complainants identified in the report
 
 
:F. The fact-finder will give all parties at least 72 hours to provide a written response to the report.
 
 
:G. The Enforcement Committee Screening Committee will allow the Enforcement Committee to hear the case if the evidence suggests that the respondent may cause harm to self, others, or property or if evidence suggests that the respondent has demonstrated behavior that would result in termination if the respondent were a member.
 
 
 
==4.Committee Procedure:==
 
:The entire proceeding shall be held in Executive Session. The Committee Chair or Executive Director shall reserve the right to alter any aspect of the procedure below in order to obey all applicable state and federal laws (such as restraining orders).
 
 
:A. The Enforcement Committee shall be given a chance to read the written report and follow-up written statements submitted to the fact-finder about the case.
 
 
:B. The respondent shall be given the right to appear in person. This right may be abrogated if the Committee Chair has made a good-faith effort (at least 7 days notice) to notify the respondent and the respondent is still not present at the proceedings.
 
 
:C.The order of recognition for opening statements shall be the following: the fact-finder, unit-level managers, the respondent, the Advocating Member.
 
 
:D.The chair shall set time limits for opening statements, between 1 and 6 minutes, taking into account the complexity of the issue. The chair shall consult the parties beforehand, if possible, and each speaker shall be allotted the same amount of time to speak.
 
 
:E.The Enforcement Committee members shall have a chance to ask questions with all parties in the room.
 
 
:F.All the parties who gave opening statements will be allowed to give a two-minute closing statement prior to deliberations in the same order as opening statements.
 
 
:G.Deliberations shall by default include only the Enforcement Committee and Advocating Member. The Enforcement Committee can vote by an absolute majority to allow other individuals to be present, so long as the respondent is not present in the room during the deliberations.
 
 
:H.The Enforcement Committee shall make a finding based on the preponderance of the evidence and implement a BSC PNG if either of the following conditions are met:
::i. the respondent presents a risk of harm to self, others, or property.
::ii. the respondent is found to have engaged in behavior or activities that would reasonably result in termination, if the respondent were a member.
 
 
:I.In order to enforce a BSC PNG, the Operations Manager or designee of the Operations Manager shall distribute identifying information about the respondent to all major unit-level managers.
 
 
 
==5.Overturning a BSC PNG==
 
:A. Appeals are not allowed for BSC PNGs. However, BSC PNGs may be overturned.
 
::A current BSC member may request to overturn a BSC PNG of a non-member if there was a procedural irregularity, misapplication of the policy in regards to the facts, or if new evidence has come to light. A request for overturning a BSC PNG for any of these reasons must be requested by the member within five working days of the PNG proceedings. The ECSC will evaluate these issues based on the substance of the member’s request and determine what action if any is warranted.
 
 
:B. If a potential member has previously been BSC PNGed and wishes to get a BSC contract, the potential member must present his request for a BSC contract to AdCom. AdCom members may vote to authorize a BSC contract only if the preponderance of the evidence shows that the following two conditions are met:
::i. The potential member will not prove a risk of harm to self, others, or property.
::ii. The potential member will not engage in conduct that is prohibited by BSC policies.
 
:At least two thirds of voting AdCom members must agree that these conditions are satisfied. AdCom may also impose specific restrictions and conditions on membership, such as restricting the individual’s access to specific units or creating a conditional contract with specific behavioral expectations.

Revision as of 12:04, 12 June 2015

1. Overview

The acronym PNG stands for persona non grata. Individual houses and apartments, using a variety of distinct procedures, assign the label PNG to a person who is a non-member and who is no longer welcome in that individual complex. The purpose of a PNG is to provide a safe environment for our members and to reduce organizational liability caused by allowing unsafe non-members to be present on BSC property.

In addition to unit-level PNGs, a central-level PNG may also be processed, that bars a non-member from admittance to any BSC property. A BSC PNG is a mechanism that prohibits a non-member from being present at any BSC property and prevents them from later obtaining a BSC contract without prior review of their application by the Administrative Committee (AdCom). Both the unit-level and central-level PNG processes are outlined below. Someone can only be PNGed based on behavioral concerns constituting a policy violation. PNGS should not be processed based on someone’s identity or protected class, as articulated by the BSC Anti-Discrimination Policy.

2. The Central-Level PNG Policy

1. In the event that the respondent to a central-level complaint is not a member of the BSC, then that respondent shall be processed through the Central Level PNG process, as outlined below:
a. After a report of that person’s alleged actions is filed with the central level, the Cooperative Experience Manager will notify the respondent of the allegations and tell them they are temporarily not permitted on BSC property while the case is being processed and resolved.
b. After being notified of the complaint, the respondent will have 72 hours to provide a statement to the Cooperative Experience Manager about the allegations.
c. The Cooperative Experience Manager, Vice President of Experience and Training, and a House Level Manager will meet to review any case materials. This group will decide if the respondent is responsible for a policy violation. If the group finds the respondent responsible for a policy violation, they shall be PNGed from BSC property. The decision will go into effect immediately following the decision.
d. The Cooperative Experience Manager will notify the respondent and complainant of the outcome of the case.
e. The non-member the PNG affects may not appeal the case. However, a current BSC member may request to overturn a BSC PNG of a non-member if there was a procedural irregularity, misapplication of the policy in regards to the facts, or if new evidence has come to light. A request for overturning a BSC PNG for any of these reasons must be requested by the member within five working days of the PNG proceedings. The ECSC will evaluate these issues based on the substance of the member’s request and determine what action if any is warranted.
f. After the appeal timeline has passed, the respondent’s name will be kept on file at the Central Office on the Central Level PNG/ Do Not Admit list, which will be shared with House Managers. The respondent shall not be permitted onto any BSC property.

3. The Unit-Level PNG Policy

This policy does not seek to formalize and make uniform the various informal and distinct PNG processes. Instead, this policy expects individual units to notify the central level in order to avoid one of the following scenarios: (a) Assigning an individual to a house from which he or she has received PNG status; (b) Hiring an applicant with PNG status for a job that requires that individual to enter the premises where he or she received PNG status; (c) Admitting a new member who received PNG status while a nonmember for offenses that would have resulted in termination had the non-member been a member; (d) Allowing an individual to “flee” from termination by transferring.

Unit-Level PNG status will be kept on file at the Central Office when the following criteria are met:

(1) The PNG is made at a council meeting with quorum and a majority vote.*
(2) The procedure must be properly documented. **
a) Allegations must be described.
b) Entire process must be described.
c) Attendance and vote-count must be noted.***
d) It must be noted whether or not the PNG’d individual is a BSC member.
e) It must be noted whether or not the PNG’d individual was present at proceedings.
f) Minutes should be submitted if available.
g) A written response from the PNG’d individual should be submitted if available.
■ Houses may use more rigorous voting requirements but not less.
■ A PNG form will be available outlining these requirements.
■ AdCom will treat attendance and vote count as good indicators of the seriousness of the PNG status when deciding cases (see below). If particular circumstances warrant that AdCom reconsider this assumption, reasons should be noted on the form.

4. Overturning PNG Stipulations

1. Anyone with a BSC central-level PNG status must obtain AdCom approval in order to be:
a. Admitted as a member to the BSC.
b. Admitted as a house-level boarder.
2. A member with a unit-level PNG status must obtain AdCom approval in order to be:
a. Assigned to live in a complex where PNG status was assigned;
b. Considered for any HiCom-hired job requiring the individual to enter the premises of a complex where PNG status was assigned;
c. Assigned a transfer to a new house if PNG status was assigned for offenses that would have resulted in termination had the individual remained in his or her original house.
3. A non-member with a unit-level PNG status must obtain AdCom approval in order to be:
a. Assigned to live in a complex where PNG status was assigned;
b. Admitted as a new member to the BSC if PNG status was assigned for offenses that would have resulted in termination had the individual been a member;
c. Considered for any HiCom-hired job requiring the individual to enter the premises of a complex where PNG status was assigned.
4. AdCom members may vote to authorize a change to someone’s PNG status only if the preponderance of the evidence shows that the following two conditions are met:
a. The potential member will not prove a risk of harm to self, others, or property.
b. The potential member will not engage in conduct that is prohibited by BSC policies.
5. At least two thirds of voting AdCom members must agree that these conditions are satisfied.
6. AdCom may also impose specific restrictions and conditions on membership, such as restricting the individual’s access to specific units or creating a conditional contract with specific behavioral expectations.


[Board approved 5/7/15.]