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

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==2. The Central-Level PNG 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:
: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 Review Committee and 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.
::a. After a report of that person’s alleged actions is filed with the central level, the Conduct Hearing Coordinator will notify the respondent of the allegations and inform them they are temporarily not permitted on BSC property while the case is being processed and resolved.
::d. The Cooperative Experience Manager will notify the respondent and complainant of the outcome of the case.
::b. After being notified of the complaint, the respondent will have 72 hours to provide a statement to the Conduct Hearing Coordinator in response to the allegations.
::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.
::c. The BSC PNG Review Committee shall consist of the Conduct Hearing Coordinator, Conduct Committee Chair, and either the President or House Manager of the unit at which the complaint originated.  Any member of the BSC PNG Review Committee who faces a conflict of interest is required to recuse themselves.  In the event of a conflict of interest or if one of the stated members is not available to participate, the Executive Director may designate an appropriate alternate taking into consideration the intended make-up of the committee.  In the event the unit President/House Manager is recused, the Executive Director shall select a Unit President or House Manager from a different unit to review the case.
::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.
::d. The BSC PNG Review Committee will meet to review the case materials and after doing so will decide if the respondent is responsible for violating policy.  If the group finds the respondent responsible for violating BSC policy, they shall be PNGed from one or more BSC properties.  The decision will go into effect immediately following the decision.
::e. The Conduct Hearing Coordinator will notify the respondent and complainant of the outcome of the case.
::f. 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 error that unfairly and materially affected the outcome of the case, gross misapplication of the policy, or new evidence that could not have been presented at the time of the original meeting. A request for overturning a BSC PNG for any of these reasons must be requested by the member within five working days after the respondent has been notified of the PNG outcome. The Appeals Committee will evaluate these issues based on the substance of the member’s request and determine what action if any is warranted.  For more information on the appeal process, please review the [https://www.bsc.coop/policy/index.php/XVIII:_Appeals BSC Appeals Policy].
::g 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 unit Presidents and House managers. The respondent shall not be permitted onto the BSC properties specified by the PNG Review Committee.


==3. The Unit-Level PNG Policy==
==3. The Unit-Level PNG Policy==

Revision as of 13:33, 19 March 2019

1. Overview

The acronym PNG stands for persona non grata. Individual houses and apartments, using a variety of distinct procedures, may assign the label PNG to a person who is a non-member and who is no longer allowed to visit, board, or obtain a contract with that individual unit. The purpose of a PNG is to provide a safe, harmonious, and academically-focused environment for our members and to reduce organizational liability caused by allowing unsafe and/or disruptive non-members to be present on BSC property.

In addition to unit-level issued PNGs, a central-level PNG may also be processed, that bars a non-member from admittance to one or more BSC properties. A central-level PNG is a mechanism that prohibits a non-member from being present at one or more BSC properties and prevents them from later obtaining a BSC contract without prior review of their application by the PNG Review Committee. The PNG Review Committee may consider any conduct complaints brought forth regarding non-members. If the complaints regarding a non-member’s conduct relate to a Tier 2 policy violation, the PNG Review Committee may bar a non-member from one or more units. If the complaints regarding a non-member’s conduct relate to a Tier 3 policy violation, the PNG Review Committee may bar a non-member from all BSC units.

Both the unit-level and central-level PNG processes are outlined below. A non-member may only be PNGed at the central level if the allegations are 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 Review Committee and PNG process, as outlined below:


a. After a report of that person’s alleged actions is filed with the central level, the Conduct Hearing Coordinator will notify the respondent of the allegations and inform 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 Conduct Hearing Coordinator in response to the allegations.
c. The BSC PNG Review Committee shall consist of the Conduct Hearing Coordinator, Conduct Committee Chair, and either the President or House Manager of the unit at which the complaint originated. Any member of the BSC PNG Review Committee who faces a conflict of interest is required to recuse themselves. In the event of a conflict of interest or if one of the stated members is not available to participate, the Executive Director may designate an appropriate alternate taking into consideration the intended make-up of the committee. In the event the unit President/House Manager is recused, the Executive Director shall select a Unit President or House Manager from a different unit to review the case.
d. The BSC PNG Review Committee will meet to review the case materials and after doing so will decide if the respondent is responsible for violating policy. If the group finds the respondent responsible for violating BSC policy, they shall be PNGed from one or more BSC properties. The decision will go into effect immediately following the decision.
e. The Conduct Hearing Coordinator will notify the respondent and complainant of the outcome of the case.
f. 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 error that unfairly and materially affected the outcome of the case, gross misapplication of the policy, or new evidence that could not have been presented at the time of the original meeting. A request for overturning a BSC PNG for any of these reasons must be requested by the member within five working days after the respondent has been notified of the PNG outcome. The Appeals Committee will evaluate these issues based on the substance of the member’s request and determine what action if any is warranted. For more information on the appeal process, please review the BSC Appeals Policy.
g 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 unit Presidents and House managers. The respondent shall not be permitted onto the BSC properties specified by the PNG Review Committee.

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.]