VII.M. BSC PNG and Unit-Level PNG Policy

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

An individual unit may designate a non-member of their unit as a persona non grata per the process outlined in the unit’s bylaws. Unit-level PNGs may only be considered for Tier I or Tier II conduct complaints. Tier III conduct complaints must be referred to the Conduct Committee (for respondents who are current BSC members) or the BSC PNG Review Committee (for respondents that are non-members).

Once a PNG is approved, the Unit President must inform the Cooperative Experience Manager in order to avoid one of the following scenarios: (a) Assigning an individual to a unit from which they have received PNG status; (b) Hiring an applicant with PNG status for a job that requires that individual to enter the premises where they received PNG status; (c) Admitting a new member who received PNG status while a non-member 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.

(3) Houses may use more rigorous voting requirements but not less.

(4) The PNG Review Committee will treat attendance and vote count as good indicators of the seriousness of the PNG status when deciding cases (see below).

(5) People subject to unit-level PNGs may appeal through the process outlined in 2-e and -f. If found unsubstantiated, Central will not record or enforce the unit level PNG.

4. Overturning PNG Stipulations

1. Anyone with a central-level BSC PNG status must obtain approval from the PNG Review Committee 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 approval from the PNG Review Committee in order to be:

a. Assigned to live in a unit where PNG status was assigned;

b. Considered for any HiCom-hired job or central-level workshift position requiring the individual to enter the premises of a unit where PNG status was assigned;

3. A non-member with a unit-level PNG status must obtain approval from the PNG Review Committee in order to be:

a. Assigned to live in a unit 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 or central-level workshift requiring the individual to enter the premises of a unit where PNG status was assigned.

4. The PNG Review Committee 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 pose a risk of harm to self, others, or property.

b. The potential member will not engage in conduct that is prohibited by BSC policies.

c. At least one year has passed since the respondent received the decision from the relevant unit or PNG Review Committee.

5. At least two-thirds of voting PNG Review Committee members must agree that these conditions are satisfied.

6. The PNG Review Committee 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 2/28/19.]