Difference between revisions of "XXV: Conduct Committee"

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Revision as of 01:17, 9 September 2011

XXIV.A. General description of the Committee

The Conduct Committee exists to adjudicate all cases arising out of the grievance procedures in section VII of the Policy Directory and any other complaints for which no grievance procedure yet exists but allege conduct problems on the part of a member. The Conduct Committee has five members, and its meetings are attended by the Member Advocate, the ED and, where provided for in the policy, the members involved.

XXIV.B. Composition of the Committee

1. The Conduct Committee Chairperson must chair the Conduct Committee.
2. The Chair, the Executive Director (ED) and BSC Member Advocate (MA) must attend all meetings.
3. Any BSC member who is not a duly elected Member of the Conduct Committee may not vote in any Conduct Committee proceedings.
4. Quorum shall be at least four voting members.
5. The Conduct Committee Screening Committee (CCSC) shall be composed of the ConCom Chair, the ED and the Member Advocate, and shall have the duty to screen Conduct Committee hearing requests.
6. Conduct Committee members shall serve terms of one year (Fall through Summer)
7. If a ConCom Member resigns or, for any contract period during the term, moves to another unit or leaves the BSC, that Member shall thereby be removed from office.
8. Any unit whose Conduct Committee Member is removed from office must elect a new member no later than two weeks after the date of the Committee Member’s removal.
9. Once per year, in the Spring semester, Cabinet must in accordance with the following rules select the units that must elect Conduct Committee representatives:
a. Cabinet must select the units that must elect AdCom reps before selecting the units that must select ConCom reps.
b. Cabinet must select the units such that no unit from either the “Medium” or the “Small House/Apt. Rotation List” is required to elect both a ConCom rep and an AdCom rep.
c. Once a house or apartment has been selected to have a representative on ConCom for a particular term, that house or apartment may not be selected again until all the other houses and apartments on the same rotation list have been selected.
d. Two units must be selected from the “Large House/Apt. Rotation list” (composed of units with occupancies greater than 80). One chosen unit must be a house (CZ or Cloyne) and the other chosen unit must be an apartment complex (Rochdale or Fenwick).
e. Three units must be selected from the “Medium House/Apt. Rotation List” (units with occupancies greater than 34 and less than 80)
f. Two units shall be selected from the “Small House/Apt. Rotation List” (units with occupancies less than 35).
10. Each unit selected by Cabinet must elect, before end of the second week of the Fall contract period, a BSC member from the unit to serve as a Member of the Conduct Committee.

XXIV.C. Duties of the Committee

1. The Conduct Committee must interpret and apply section 20 of the Member Contract and section VII of the Policy Directory.

2. ConCom Members and the Chairperson must obtain a strong understanding of the policies they are charged with applying, and must thoroughly review prior to each meeting all sections that may be applicable for the cases that will be heard.

3. The ConCom Chair must notify, in advance of the meeting, all ConCom members of the types of cases to be heard, and flag if possible the applicable policy sections.

4. Conduct Committee Members may not vote on a Conduct Committee case that involves them personally.

5. The Chair must notify the unit and the Operations Manager whenever a ConCom Member fails to attend a meeting of the Conduct Committee.

6. Unless granted an exception by the ConCom Chair, a ConCom member who misses more than one meeting of ConCom shall be removed from office.

7. The Conduct Committee must meet on a schedule according to the following guidelines.

a. There must be three Conduct Committee sessions, each of which consists of two meetings held on consecutive weeks.
b. The sessions must be distributed evenly throughout the semester.

XXIV.D. Training of the Committee

1. The Chairperson must, in coordination with the Executive Director, train the ConCom Members as a group in each contract period prior to the first session, and must as necessary provide training to any members elected after the beginning of the term.

2. Unless the ConCom chair grants an exception, any ConCom Rep who was elected prior to the group training of the contract period and who did not attend the group training shall automatically be removed from office42.

3. No ConCom member may vote in any hearing without having first been trained by the Conduct Committee Chair.

4. Training materials, including the policy manual, must be sent to representatives before the training.

5. Training must cover at least the following topics

a. Purposes and duties of ConCom
b. Parliamentary procedure
c. Internal conduct rules and procedures
d. Relevant laws and regulations
e. Mock cases

XXIV.E. Quorum and Voting

1. A quorum of a simple majority of the committee members must be present for a vote to be valid.

2. The Chairperson of the Committee may not vote.

3. The ED may not vote.

XXIV.F. Authority of the Conduct Committee

1. Conduct Committee may take any action provided for or otherwise implied section VII of the Policy Directory or section 20 of the Member Contract.

2. Conduct Committee may relocate a member within the BSC system.

3. Conduct Committee may terminate the membership of a member.

4. Conduct Committee may specify conditions to which a member’s continued presence in the BSC must be subject (such conditions, which are to be appended to a member’s Member Contract, constitute what shall be referred to as a “conditional contract”).

XXIV.G. Appeals of Conduct Committee actions

1. The Conduct Committee Appeals Screening Committee (CCASC) shall be composed of the ConCom Chair, the OM, and the BSC President.

2. Whenever an appeal of a Conduct Committee action is requested, the CCASC shall have the duty to decide whether or not the appeal is to be granted and, if granted, which body will hear the appeal.

3. The CCASC shall have the authority to grant an appeal hearing, to deny an appeal hearing, and to require that the case be re-heard at a subsequent Conduct Committee session.

4. The CCASC must, for every action, include in the text of the motion a summary of the reasoning that supported the Committee’s decision.

5. The CCASC shall act by majority vote.

6. An appeal of a termination of membership that is executed by the Conduct Committee may only heard by the Board of Directors.

7. An appeal of any Conduct Committee action except termination of membership may only be heard by the Cabinet.

8. An actions taken by Cabinet in the course of a Conduct Committee Appeal hearing may not be appealed.

[Board Approved: 5/6/2010;]