The Hearing Panel will review the charges with the Respondent.
The Respondent may admit or deny responsibility for each charge.
If the Respondent admits responsibility for all charges, the Hearing Panel will only consider information to determine the appropriate sanction.
The Complainant will have the opportunity to present information substantiating the Respondent’s alleged misconduct, including pertinent witnesses, written statements, and other records.
After the Complainant’s presentation, the Respondent will have the opportunity to present a defense, including pertinent witnesses, written statements, and other records.
Witnesses may only be present during the proceedings while offering testimony.
The Hearing Panel may limit the number of character witnesses or accept written statements instead.
After the presentation of all pertinent information, the Hearing Panel will excuse the parties and their advisors and deliberate.
The Hearing Panel will determine, by a majority vote, whether the Respondent is responsible for each individual charge.
If the Hearing Panel finds the Respondent responsible, the Hearing Panel determines the appropriate sanctions.
The Hearing Panel will keep minutes of all hearings.
The minutes will serve as the sole record for all hearings.
The minutes should accurately summarize the information presented by the Complainant, Respondent, and any pertinent witnesses.
Deliberations will not be included in the minutes.
If the Respondent does not appear for the hearing, the hearing will proceed as scheduled and the Hearing Panel will consider the information substantiating the Respondent’s alleged misconduct.
The Hearing Panel will notify the Respondent of the outcome in writing within seven days of the hearing. The notice must include
the determination of responsibility for each charge;
any sanctions assigned; and
any applicable appeal procedure.
The Hearing Panel must forward copies of the following records for all Standards Board and appellate proceedings to the National Vice-President of Chapter Maintenance and the National Secretary within seven days of notifying the Respondent:
The written complaint.
The Respondent’s hearing notification.
The hearing minutes.
The Respondent’s outcome notification.
10. Evidentiary Limitations in Cases Involving Alleged Sexual Misconduct.
Evidentiary Limitations in Cases Involving Alleged Sexual Misconduct.
An alleged victim’s sexual history is not admissible.
The Respondent’s sexual history is only admissible if it reasonably demonstrates (a) a pattern, or (b) repeated or predatory behavior. The Hearing Panel Chair determines if evidence is relevant. The Respondent’s sexual history may be established by previous findings in a campus or legal proceeding or previous good faith allegations.
11. Sanctions
Sanctions.
Member Sanctions.
By a majority vote except where indicated, a Chapter’s Standards Board or a Hearing Panel may assign one or more of the following sanctions to any member for violating the Code:
Warning: a written notice that other violations of the Code will result in more severe conduct action.
Probation: a designated period of time during which other violations of the Code will result in more severe sanctions.
Restitution: compensation for damage to another’s property.
Fines.
Community service: a requirement that a member complete a specific, supervised service.
Loss of privileges: denial of specific organizational privileges for a designated time period.
Behavioral requirement: a required activity, including academic counseling, mental health counseling, substance abuse screening, written apology letter, etc.
Educational programming: a requirement to attend, sponsor, or present a program related to the violation.
Eligibility restriction: inability to hold elected or appointed office or represent the organization for a designated time period.
Removal from elected or appointed office.
Bid revocation: the removal of a Member-in-Training from the organization.
As part of the sanction, the Standards Board or Hearing Panel must note whether or not the Respondent is eligible to receive another bid in the future.
Suspension: a member’s temporary separation from the organization for a designated time period.
For the duration of the suspension, the Respondent
is not Active with the Fraternity;
may not hold or run for an elected position within the Fraternity;
may not participate in or attend Fraternity sponsored events.
Expulsion: a member’s permanent separation from the organization.
Expulsion requires a unanimous vote of the Standards Board or Hearing Panel.
Upon expulsion, the Respondent loses all fraternal rights and privileges.
All materials officially bearing the name and symbols of Mu Beta Psi shall be surrendered to the Chapter or the National Organization.
Other sanctions: additional or alternate sanctions appropriate to the violation.
Chapter Sanctions.
By a majority vote, a Hearing Panel may assign one or more of the following sanctions to any Chapter for violating the Code:
Warning: a written notice that other violations of the Code will result in more severe conduct action.
Probation: a designated time period during which other violations of the Code will result in more severe sanctions.
Restitution: compensation for damage to another’s property.
Fines.
Community service: a requirement that a Chapter complete a specific, supervised service.
Loss of privileges: denial of specific organizational privileges for a designated time period.
Educational programming: a requirement to attend, sponsor, or present a program related to the violation.
Charter Suspension: a Chapter’s temporary cessation of all organizational activities for a designated time period.
Charter Revocation: a Chapter’s cessation of all organizational activities until reestablished under the Fraternity’s Reactivation Policy.
Charter Revocation must be ratified by a three-fourths vote of the Board of Trustees.
The Board of Trustees may refer Brothers involved in the circumstances leading to Charter Revocation to the National Standards Board for an expulsion hearing.
Chapters which are still active when the recommendation to revoke their Charter is made must be given the opportunity to address the Board of Trustees before a final vote is taken.
Within thirty days of Charter Revocation
All Chapter and Fraternity property must be disposed of under the procedures of Section 7.5 of the Chapter Oversight and Reinstatement Policy.
The National Vice-President of Chapter Maintenance must notify the Host Institution of the revocation.
In cases involving the Alumni Association, rather than revoking the Association’s Charter, the Board of Trustees may require the removal and replacement of some or all members of the Association’s Executive Board.
If all members of the Executive Board are removed, the Board of Trustees shall assume control of the Association until the election of a new Executive Board.
Other sanctions: additional or alternate sanctions appropriate to the violation.
12. Appeals
Appeals.
Grounds for Appeal.
Appeals must be based on one or more of the following grounds:
Procedural error substantially affecting the outcome of the case.
New information not available at the time of adjudication that could substantially affect the finding of responsibility.
Disproportionately severe sanctions in light of the violation.
Limited Appellate Review.
Unless the appeal is based on new information that was not available at the time of adjudication, an appeal is limited to reviewing the written record. The written record includes
the written notice sent to the Respondent and Complainant;
copies of pertinent evidence presented at the hearing;
the written hearing minutes; and
the written outcome.
The Respondent, Complainant, and hearing body may also submit written statements for review on appeal.
Sanctions Effective During Appeal.
Sanctions will be implemented while an appeal is pending.
In extremely exigent circumstances, the Chair of the Board of Trustees may stay the implementation of a sanction pending the outcome of an appeal
Appeals from Standards Board Decisions.
Any member found responsible by a Chapter Standards Board may appeal in accordance with the Chapter’s bylaws.
Once an appellant exhausts the appeal procedure outlined in the Chapter bylaws, they may appeal to the Board of Trustees.
Appeals to the Board of Trustees.
Respondents may appeal to the Board of Trustees from any case adjudicated by a
Chapter Standards Board, where the Respondent exhausts the appeal procedure outlined in the Chapter bylaws; or
Hearing Panel.
Appeals to the Board of Trustees must be filed within seven days of the written outcome, barring exigent circumstances.
Exceptions are made at the sole discretion of the Chair of the Board of Trustees.
Appeals are reviewed for clear error or a compelling justification for altering an assigned sanction.
The Board of Trustees will review an appeal within 60 days.
The Board of Trustees may reverse a finding or modify a sanction.
The Board of Trustees will notify the appellant of the outcome in writing within seven days of the decision.
The Board of Trustees decision is final.
13. Changes to the Code of Conduct.
Changes to the Code of Conduct.
The Code of Conduct may be revised as necessary by the Board of Trustees and approved by a majority vote of the Legislative Council.
Approved September 14, 2022
Rob Faggart, National Vice-President of Chapter Maintenance