FRATERNITY LAW PROPOSALS
The following proposals to amend the Fraternity Laws were submitted to the Eminent Supreme Recorder before midnight on December 15th, 2022, pursuant to fraternity laws.. The Permanent Committee on Fraternity Laws met on March 28, 2023 to consider the proposals and formulate a recommendation on each, as is shown per proposal.
All proposals were copy edited prior to publication to ensure consistent formatting. However, the substance of the proposals was not modified in an effort to preserve the original language of the submitter(s). The rationales were also written by the submitter(s).
Text that is underline represents additions, while text that is strikethrough represent deletions.
The Permanent Committee on Fraternity Laws
Ray Seaford (South Florida ’89) - Chairman
Dalton Green (Louisville ‘23)
Richard Hopple (Cincinnati ‘70)
Derek Linkous (Northwestern ‘08)
Spencer Long (Central Michigan ‘08)
PROPOSAL 1
AMEND SECTION 31, 34.C, 34.E, 34.F, & FRATERNITY CONVENTION STANDING RULES
TITLE III: THE FRATERNITY CONVENTION
31. Committees
D The Permanent Committee Nominations
1. Membership. Within sixty days following the adjournment of each regular session of the Fraternity Convention, the Eminent Supreme Archon, with the advice and consent of the Supreme Council, must appoint a Permanent Committee on Nominations, consisting of a chairman, two collegiate chapter representatives, one alumni association
Hugh Miller IV (Alabama ‘85)
Mark McDonough (Youngstown ‘98)
Richard Shanahan (Fort Hays ‘03)
James Tedford (California-Irvine ‘91)
representative, one Past Eminent Supreme Archon and one Past Province Archon, who will serve until their successors are duly appointed.
2. Duties. The Permanent Committee Nominations acting with the highest levels of integrity shall secure recommendations from members for nominations to Supreme Council and Province Archon positions and present a slate of candidates to be voted on by the Fraternity Convention.
D. E. Committee Operations.
TITLE IV: THE SUPREME COUNCIL
34. Duties. Each officer must perform the duties required of him by these Fraternity Laws and any other duties assigned to him by the Supreme Council or the Eminent Supreme Archon.
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A. Honorary Eminent Supreme Archon. The Honorary Eminent Supreme Archon is the honorary head of the Fraternity and has no duties, except as may be designated by the Supreme Council.
B. Eminent Supreme Archon. The Eminent Supreme Archon is the President and Chairman of the Board of the Fraternity, and he will preside over all sessions of the Fraternity Convention and all meetings of the Supreme Council; interpret, construe, and enforce these Fraternity Laws and the orders of the Fraternity Convention or the Supreme Council, issuing such orders as may be necessary; whenever he deems it necessary, inspect and examine, or cause to be inspected and examined, all of the books, records, securities, and investments of the funds of the Fraternity or any Fraternity body; and perform any other duties assigned to him by the Fraternity Convention.
C. Eminent Supreme Deputy Archon. The Eminent Supreme Deputy Archon will assist the Eminent Supreme Archon and will act as the Eminent Supreme Archon in case of his absence or disability, act as a liaison between the Supreme Council and the SAE Foundation Board of Trustees and the Financial and Housing Corporation Board, and perform any other duties assigned to him by the Eminent Supreme Archon
D. Eminent Supreme Warden. The Eminent Supreme Warden will act as the Eminent Supreme Archon in case of the absence or disability of the Eminent Supreme Archon and the Eminent Supreme Deputy Archon.
E. Eminent Supreme Herald. The Eminent Supreme Herald will act as the Eminent Supreme Archon in case of the absence or disability of the Eminent Supreme Archon, the Eminent Supreme Deputy Archon, and the Eminent Supreme Warden, provide oversight and guidance for alumni services and operations of the Fraternity performed by the Fraternity Service Center, and perform any other duties assigned to him by the Eminent Supreme Archon
F. Eminent Supreme Chronicler. The Eminent Supreme Chronicler will act as the Eminent Supreme Archon in case of the absence or disability of the Eminent Supreme Archon, the Eminent Supreme Deputy Archon, the Eminent Supreme Warden, and the Eminent Supreme Herald, provide oversight and guidance for collegiate services and operations performed by the Fraternity Service Center, and perform any other duties assigned to him by the Eminent Supreme Archon
FRATERNITY CONVENTION STANDING RULES
Pursuant to the Fraternity Laws, and subject thereto, the Fraternity Convention adopts the following standing rules of order:
A. General Principles.
4. Standard Order of Business.
d. Report of the Permanent Committee Nominations Election of Fraternity Officers
C. Election of Fraternity Officers
1. Closing Nominations.
2 Question-and-Answer Period For any contested election of a Fraternity officer, the Fraternity Convention must entertain a question-and-answer period for all candidates
3. Nomination Speeches. Each candidate for Fraternity office is allowed one nominating and one seconding speech, subject to the following time limits:
a. Four minutes for nominating speeches for opposed candidates, and three minutes for nominating speeches for unopposed candidates
b Two minutes for seconding speeches
4. Order of Election.
h. Province Archons
5. Majority Required to Elect. A candidate to Fraternity Office must receive a majority of all votes validly cast to be elected If no candidate receives a majority of all votes validly cast, the candidate receiving the lowest number of votes validly cast will be removed from consideration If more than one candidates are tied for receiving the lowest number of votes validly cast, each of them will be removed from consideration unless only one candidate will remain
A. The Nominating Committee.
1. Committee Criteria. Must be a member in good standing Must be committed to the mission and vision of Sigma Alpha Epsilon Have a strong interest in working toward the advancement of the Fraternity Act morally and ethically in accordance with the values of the Fraternity. Represent the Fraternity at large, not a particular interest group or clique Avoid conflicts of interest Understand the need to base decisions on what is best for the Fraternity Accept accountability for group decisions so that the committee speaks with one voice. Diplomatic yet honest and open in discussions with members of the committee. Prepare in advance for and attend meetings and maintain absolute adherence to confidentiality
2. Chairman. The Eminent Supreme Archon, with the approval of Supreme Council, will appoint the chairman.
3. Collegiate Chapter & Alumni Association Representatives. Collegiate chapter representatives and alumni association representatives will be appointed through the following process following the Fraternity Convention:
a The names of the alumni associations and chapters in good standing shall be placed on individual pieces of paper.
b. The Nominating Committee Chairman, in the presence of the Eminent Supreme Recorder,
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THE FOLLOWING COULD BE PLACED IN THE FRATERNITY LAWS, RULES OF ORDER OR IN POLICY FORM.
shall draw one alumni association slip, thereby designating an alumni association representative, and two chapter slip, thereby designating collegiate chapter representatives who shall serve as members of the Nominating Committee
c. The Nominating Committee Chairman, in the presence of the Eminent Supreme Recorder shall draw additional slips as alternates.
4. Past Eminent Supreme Archon Representative. The Past Eminent Supreme Archon representative will be selected by the Past Eminent Supreme Archons representative following the Fraternity Convention
5. Past Province Archon Representative. The Past Province Archon representative will be selected by the Council of Province Archons following the Fraternity Convention.
6. Nominations. The Nominating Committee shall secure recommendations from members for nominees to Supreme Council and Province Archon positions, present one candidate for each position and report at the first Plenary Session of the Fraternity Convention. Nominations from the floor shall be in order following the report of the Nominating Committee, provided consent of the nominee has been obtained and he is qualified
7. Election. The election will take place at the first Plenary Session of each Fraternity Convention
8. Ballots. Voting shall be by ballot. The Convention Manager shall be in charge of the preparation of the ballots.
9. Report. The Marshall, Deputy Marshall and Sargent at Arms shall oversee the election and report the results to the Eminent Supreme Archon
10. Positions Elected At The Fraternity Convention Supreme Council (Eminent Supreme Archon, Eminent Supreme Deputy Archon, Eminent Supreme Warden, Eminent Supreme Herald, Eminent Supreme Chronicler) and no less than 15 Province Archons will be elected at Fraternity Convention All elected positions are considered vacant at the end of each biennium.
11. Qualifications. A member is qualified to be considered for an elected position if he is a member in good standing, meaning he is up to date on dues payments according to the Fraternity Laws Members recommending a member for nomination must also be in good standing in order to do so If you are unsure if you or another member is qualified, you can still proceed with submitting an Application Form and/or submitting a Recommendation Form. Upon receiving an application form or recommendation form, the Fraternity Service Center will check to confirm qualification
12. Terms. The Supreme Council and Province Archons shall be elected at the Fraternity Convention by a majority vote. They shall take office at the close of Convention and shall hold office for a term of two years or until their successors are elected The
Eminent Supreme Archon shall not be elected to the same office for more than one term. The Eminent Supreme Deputy Archon, Eminent Supreme Warden, Eminent Supreme Herald and Eminent Chronicler shall not be elected to the same office for more than three terms Total time served on the Supreme Council to not exceed a total of eight years Province Archons shall not be elected to the same office for more than three terms. Total time served as a Province Archon to not exceed a total of six years.
Rationale: As the Fraternity adapts and evolves to meet the needs of our membership, broaden our efforts to diversify and refresh the way we function in the ever changing world around us, the evolution of our organizational structure and the way we elect our leadership on the national and regional levels must also adapt and evolve.
·Modernize the way we elect our leadership that meet the current and future needs of the Fraternity.
·Eliminate the hierarchical structureof the Supreme Council to ensure that each elected member is performing in the roles they are best suited for.
·Expand the opportunity for candidates to put forth their name into consideration by showcasing their skills and areas of interest associated with the roles and responsibilities as prescribed.
·Eliminate any financial obligations and burdens that have been associated with Supreme Council election campaigns.
·Ensure that selected candidates of the leadership candidate pool are visionary, committed, and aware of all requirements associated with their elected position.
Sponsors: Mike Corelli (Northern Illinois ‘01), Chris Hancock (Indiana State ‘96)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL
2
AMEND SECTION 8, 11.C.1, 15, 16, 22.C.3, 23, 24, 25, 26, 27, 28, 29, 40, 41, 42, 43, 44, 45, 46, 49, 52, 55, 58, 59, & 62
Title I: ORGANIZATION OF THE FRATERNITY – GOVERNING PRINCIPLES
8. Governing Bodies
C Province Conventions
D Province Councils
11. Realm-Wide Governance
C. Chapters Collegiate & Emerging Chapters
1. Emerging Chapters are not members of the Fraternity Convention or their Province Convention and do not have the right to representation in these this Fraternity bodies body
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TITLE II: FRATERNITY MEMBERSHIP – RIGHTS & RESPONSIBILITIES
15. Membership Status
B. Inactive Membership
5. His Eminent Archon and his Chapter Advisor or Province Archon have established that the Chapter Collegiate has made every attempt that will allow the member to retain active membership.
6. He has obtained the written approval of his Chapter Advisor. or Province Archon
16. Eligibility for Membership
B. Non-Student Initiation. A Chapter Collegiate may, by a three-fourths vote, initiate a non-student otherwise eligible for membership upon the recommendation of its Province Archon Chapter Advisor and approval by the Supreme Council.
C. Special Initiation. No person who is or has been a member of another college social fraternity is eligible for membership in the Fraternity, except that a Chapter Collegiate may, by a three-quarters vote, initiate a person otherwise eligible for membership upon the recommendations of its Province Archon Chapter Advisor and the Eminent Supreme Recorder and the unanimous approval by the Supreme Council, subject to any requirements, rules, or restrictions the Supreme Council may deem necessary in each individual situation, provided that each of the following apply:
1. He cannot have attempted to become a member of the Fraternity in any manner other than that prescribed in these Fraternity Laws
2 He must have, in writing, resigned his membership in the other college social fraternity
3 He must not have ever been expelled from the college social fraternity of which he was a member, and that fact must be confirmed in writing.
TITLE II: FRATERNITY MEMBERSHIP – DISCIPLINE
22. Offenses.
C Delinquent in Scholarship Defined
3. He is not maintaining a cumulative grade point average of 2.5 on a 4.0 scale, or some other equivalent evaluation which the Supreme Council determines; provided, however, the chapter advisor or the Province Archon may waive the grade point requirement for a member with a documented learning disability
23. Jurisdiction. Each Fraternity member is under the jurisdiction of the Chapter Collegiate of which he is, or was last, a member, such Chapter Collegiate’s Province Council, and of the Supreme Council
24. Summary Actions.
A. For a Flagrant Offense. Whenever a Fraternity member commits a flagrant offense, the Supreme Council, the Eminent Supreme Recorder, the chapter advisor or chapter advisory board his Province Council may
summarily expel, suspend, fine, reprimand, or place on probation that member or some combination of these.
B. For an Offense. Whenever a member commits an offense, the Eminent Supreme Recorder, Province Archon or, with the consent of the Province Archon, and either the chapter advisor or chapter advisory board may summarily suspend, reprimand, or place on probation that member or some combination of these.
25. Disciplinary Procedures.
A. Initiating a Disciplinary Matter.
2. By Notice to a Chapter Collegiate. The Eminent Supreme Recorder, chapter advisor or chapter advisory board, A Province Archon, house corporation president, or alumni association president, or chapter advisory board may give written notification to a Chapter Collegiate under its jurisdiction or affiliation of conduct of a member or members of the Chapter Collegiate which constitutes an offense.
B. Trial Authority. The following Fraternity bodies may act as a Trial Authority having authority to try a Fraternity member for an offense.
1. The Supreme Council; provided, however, that the Supreme Council may, upon issuance of a formal accusation, delegate its authority to a Special Commission consisting of a chairman and no more than four additional members, each of whom are members in good standing of the Fraternity.
2. A Chapter Collegiate or a duly imposed alumni commission, provided it holds jurisdiction over the accused.
3. A Province Council, if, within thirty days after written notification to one of its Chapters Collegiate by its Province Archon, house corporation president, alumni association president, or chapter advisory board of conduct of a member or members of the Chapter Collegiate which constitutes an offense, the Chapter Collegiate fails to eliminate any such offense
26. Trial.
D. Special Considerations.
5. By a Province Council. The Province Archon or any other member of the Province Council designated by the Province Archon will act as presiding officer and will appoint a clerk and a prosecutor, who will act on behalf of the Fraternity
27.
Penalties.
D. Notice. When a Chapter Collegiate expels or suspends a member, the Eminent Correspondent must at once, in a form prescribed by the Eminent Supreme Recorder, notify the Eminent Supreme Recorder, his chapter advisor Province Archon, and any other interested parties.
28. Appeals.
A. Jurisdiction. The following decisions are subject to appeal to the specified Fraternity bodies: Any adverse action, taken by a Chapter Collegiate, chapter advisory,
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chapter advisory board, or Eminent Supreme Recorder or by a Province Archon under his own authority or with his consent may be appealed to the chapter ’s or the Province Archon’s Province Council a committee appointed by the Supreme Council. (membership review committee):
1 Any adverse action, including on appeal, taken by a Province Council may be appealed to the Supreme Council.
2. 1. Any adverse action, including on appeal, taken by the committee appointed by the Supreme Council (membership review committee), may be appealed to the Fraternity Convention to comprise a final appeal by the accused, with such appeal to be heard by the Council of Province Archons sitting as a court composed of all the Province Archons present at the next regular session of the Fraternity Convention.
B. Appellate Procedure.
2. Notice. Notice of the appeal must be given both to the Fraternity Body or officer whose decision is being appealed and, for appeals to a Province Council, to the respective Province Recorder, or, for appeals to the committee appointed by the Supreme Council or the Fraternity Convention, to the Eminent Supreme Recorder.
5. Parties. The parties to an appeal will be the accused and the following representative of the Fraternity or his designee:
a. The Eminent Archon, for any matter originally tried by his Chapter Collegiate
b. The Province Archon, for any matter originally tried by his Province Council or for any summary action taken by his Province Council or himself, either under his own authority or with his consent
c. b. The Eminent Supreme Archon, for any matter originally tried by the Supreme Council or a special commission or for any summary action taken by the Supreme Council or Eminent Supreme Recorder
7. Decision.
a. A Province Council a committee appointed by the Supreme Council must give the accused notice of its decision on appeal within thirty days of the appeal hearing
TITLE III: THE FRATERNITY CONVENTION
29 The Fraternity Convention
A. Membership.
3. Each Province, represented by its Province Archon. or, in the absence of such Province Archon, the Province Deputy Archon or another Province officer designated by the Province Archon
TITLE VI: PROVINCES — CONVENTIONS & COUNCILS
40. Province. There are geographical districts, known as Provinces, embracing such territory, Chapters Collegiate, and alumni associations as the Fraternity Convention determines 41. Province Convention. The government of each province is
vested in a Province Convention
A. Membership. A Province Convention consists of each of the following:
1 The Past Province Archons of the Province who reside in the province and who have served for a full term of office, or who, having been elected to fill a vacancy, have served to the end of the term
2. The Province officers
3. Each Chapter Collegiate in the province, represented by its Eminent Archon, or, in his absence, its Eminent Deputy Archon, and two additional delegates
4 Each alumni association in the province, represented by one delegate
5. Any present member of the Supreme Council, any Past Eminent Supreme Archon or any Past Eminent Supreme Recorder residing in the province
6 The chapter advisor from each Chapter Collegiate in the Province, provided he is a member in good standing of the Fraternity
B. Qualifications.
1. Chapter Collegiate Delegates. Each Chapter Collegiate is entitled to two delegates and two alternates to any session of the Province Convention, provided that such Chapter Collegiate is current in its dues and reports to the Province and the Fraternity Service Center
2. Alumni Association Delegate. Each alumni association having ten or more members in good standing in the Chapter Alumnus is entitled to one delegate to any regular or special session of the Province Convention, provided that such delegate is a member in good standing of such alumni association and provided that such alumni association is current in its dues and reports to the Fraternity Service Center.
3. Single Vote. No individual is entitled to have more than one vote on any matter before the Province Convention, including on any direct vote
C Regular Sessions The Province Convention must meet biennially at such time and place as its Province Council selects in the calendar years alternating with those of the regular sessions of the Fraternity Convention.
D. Special Sessions. Special sessions of the Province Convention may be called by the Province Archon, with the advice and consent of the Province Council No other business than that specified in the call may be transacted at such session.
E. Quorum. Delegates from at least one-half of the Chapters Collegiate in the province, regardless of the Chapter Collegiate’s standing, constitute a quorum
F. Floor Privilege Any member in good standing with the Fraternity is entitled to the floor of the Province Convention
G. Direct Vote. The Province Archon may solicit a direct vote of the Province Convention. For the purposes of this section, the additional delegates of the Province Convention for a Chapter Collegiate are the Chapter
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Collegiate’s Eminent Deputy Archon and its Eminent Recorder, and the delegate for an alumni association is its president.
42. Province Council. The Province Council will represent the Province Convention in all capacities in the interval between its sessions, will perform the duties required by these Fraternity Laws, will enforce the orders of the Fraternity Convention and the Province Convention, and will manage the affairs of the province.
A. Membership. The province officers, who constitute the Province Council, are each of the following:
1 The Province Archon, elected by the Fraternity Convention
2 The Province Collegiate Ambassador, appointed by the Eminent Supreme Recorder
3. Province High Performance Teams, appointed by the Supreme Council
1 One or more Province Deputy Archons, as the Province Convention determines
2 The Province Recorder
3 The Province Treasurer; provided, however, that the offices of Recorder and Treasurer may be combined
4 One or more Province Alumni Secretaries, as the Province Convention determines
5 Others Province officers, as the Province Convention determines
B. Qualifications. Only a member in good standing of a Chapter Collegiate located in the province or a member of the Chapter Alumnus who resides either within the province or within a reasonable commuting distance, is eligible to hold a province office.
C. Election & Appointment. The Province Fraternity Convention will elect each Pprovince Archon officer at each regular session of the Fraternity Province Convention. The Province Collegiate Ambassador will be appointed by the Eminent Supreme Recorder annually Province High Performance Teams will be appointed by the Eminent Supreme Archon with the advice and consent of the Supreme Council
D. Vacancies. Vacancies of a Province Archon occurring between regular sessions of the Province Fraternity Convention must be filled by the Province Council or, if a vacancy exists for sixty days, by the Eminent Supreme Archon with the advice and consent of the Supreme Council and Council of Province Archons Eminent Archons of the Chapters Collegiate in the province Vacancies of the Province Collegiate Ambassadors will be filled by the Eminent Supreme Recorder. Vacancies of the Province High Performance Teams will be filled by the Eminent Supreme Archon with the advice and consent of the Supreme Council
E. Declaring an Office Vacant. Declaration. Any Province office may be declared vacant by any of the following:
a. A petition of two-thirds of the Chapters Collegiate in the Province
b A two-thirds vote of the Province Council
Due Process. Due notice of such intended action must be
given to the officer concerned, to all members of the Province Council, and to all Chapters Collegiate within the province, and the officer must be given a reasonable opportunity to be heard
43. Duties. Each officer must perform the duties required of him by these Fraternity Laws. and any other duties assigned to him by the Province Council or the Province Archon
A. Province Archon. The Province Archon preside over all sessions of the Province Convention and all meetings of the Province Council; enforce these Fraternity Laws and the orders of the Fraternity Convention, the Supreme Council or the Eminent Supreme Archon within his Province, issuing such orders as may be necessary; visit or caused to be visited each Chapter Collegiate and alumni associations in his province at least annually, submitting a full report of such visitation to the Eminent Supreme Recorder in a format prescribed by the Eminent Supreme Recorder, with all expenses for such visits to be paid from the province’s funds; and perform any other duties assigned to him by the Fraternity Convention, the Supreme Council, or the Province Convention will serve as a liaison to area chapter alumni associations, chapter advisors, chapter advisory boards, and house corporations within his province He will promote national programs and services for alumni, identify needs and opportunities for alumni associations, chapter advisors, chapter advisory boards and house corporations within his province He will participate and assist at national events and collaborate with the Province Collegiate Ambassador and Province High Performance Teams as necessary. He will perform any other duties assigned to him by the Fraternity Convention, or the Supreme Council
C Province Recorder The Province Recorder will keep a record of the proceedings of the Province Convention and Province Council meetings.
D. Province Treasurer. The Province Treasurer will handle the funds of the province, make any necessary disbursements, and give corporate security bond to be handled by the Fraternity Service Center of not less than one thousand dollars for the faithful performance of his duties for which the Province will pay the premium.
E. Province Alumni Secretary. The Province Alumni Secretary will assist and foster the growth of the alumni associations and alumni engagement in the province 44. Finances. A Province Convention may provide for such dues and assessments as it deems proper The Province Convention may make provision to pay the expenses of its province officers.
A. Financial Reporting. If required by applicable law, each Province must prepare or have prepared the appropriate IRS Form 990, as required by IRS regulations at the close of the Province’s fiscal year, and a copy of this form must be sent to the Fraternity Service Center
45. By-Laws. A Province Convention may adopt, amend, or repeal by-laws for the government of the province, not inconsistent with these Fraternity Laws or orders of the Fraternity Convention, and a Province Council may adopt,
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amend, or repeal by-laws to assist it in carrying out its duties, not inconsistent with these Fraternity Laws, orders of the Fraternity Convention or its Province Convention’s by-laws.
TITLE VI: PROVINCES – COUNCIL OF PROVINCE ARCHONS
46. Council of Province Archons.
49 By-Laws The Council of Province Archons may adopt, amend, or repeal by-laws to assist it in carrying out its duties, not inconsistent with these Fraternity Laws or orders of the Fraternity Convention.
TITLE VII: CHAPTER COLLEGIATE – CHARTER
52. Procedure for Granting Charter.
A Petition Whenever an Emerging Chapter determines, in consultation with the chapter advisor or chapter advisory board Province Archon and the Eminent Supreme Recorder, that it has met all conditions required to be chartered as a Chapter Collegiate, it may submit a petition for charter, signed by at least twenty-five persons eligible for Fraternity membership, with the Eminent Supreme Recorder, accompanied by a charter fee of three thousand dollars, subject to refund if no charter is granted.
TITLE VII: CHAPTER COLLEGIATE – OPERATIONS
D. Election. The Chapter Collegiate will elect its officers, and those officers’ terms will begin at a time it determines, provided that the term of office for the Eminent Treasurer must be one year, unless the Supreme Council shortens such term upon the recommendation of the chapter advisor, chapter advisory board or Eminent Supreme Recorder Province Archon, and the terms of office for all other officers do not exceed one year.
55. Finances.
A. Dues & Fees.
5. Province Dues. Every Chapter Collegiate is subject to province dues in accordance with the by-laws of its Province Convention
58. Chapter Advisor. Each Chapter Collegiate must have at least one Chapter Advisor who will counsel the chapter in the administration of its affairs and who will represent the Supreme Council and the Province Archon in perpetuating the Fraternity’s standards, policies, and traditions.
B. Election. The Chapter Collegiate will elect the chapter advisor annually., with the approval of the Province Archon.
C. Duties. The chapter advisor must visit the Chapter Collegiate at least twice each month and will report to the Eminent Supreme Recorder and the Province Archon any conditions that may need special attention.
59. Chapter Advisory Board. If the Province Archon or Eminent Supreme Recorder determines, in consultation with the Chapter Collegiate and its chapter advisor, that a Chapter Collegiate would benefit from the institution of an advisory board, either the Province Archon or the Eminent Supreme Recorder may require the Chapter Collegiate to have a Chapter
Advisory Board, which will advise and counsel the Chapter Collegiate in the administration of its affairs and represent the Supreme Council and the Province Archon in perpetuating the Fraternity’s standards, policies, and traditions.
A. Membership. The chapter advisory board will consist of each of the following:
4. Additional members as the Province Archon chapter advisor or Eminent Supreme Recorder may deem appropriate.
D. Election. Any faculty advisor(s) will be selected by the Chapter Collegiate.
2. The additional members will be appointed by the Province Archon chapter advisor for a term of two academic years.
E. Duties. The president chapter advisory board must submit reports to the Province Archon and the Eminent Supreme Recorder when requested by either of them or as deemed appropriate by the chapter advisory board.
G. Special Meetings. Special meetings may be called by the chapter advisor president or by any two members of the chapter advisory board
TITLE VII: CHAPTERS COLLEGIATE – DISCIPLINE
62. Chapter Sanctions. Any Chapter Collegiate is subject to any of the following sanctions or any combination thereof:
A. Surrender. A Chapter Collegiate, upon four weeks notice to its membership and the Fraternity Service Center, may voluntarily surrender its charter unless five or more members in good standing, including members of the Chapter Alumnus initiated by the Chapter Collegiate, demand its continuance
B. Suspension & Revocation.
1. By the Fraternity Convention. A charter may, for due cause, be suspended or revoked by the Fraternity Convention by a two-thirds vote, provided the Chapter Collegiate had been notified in writing of the charges and given a reasonable opportunity to be heard
2. By the Supreme Council. A charter may, for due cause, be suspended by the Eminent Supreme Archon, with the consent of four-fifths of the Supreme Council, provided the Chapter Collegiate had been notified in writing of the charges and given a reasonable opportunity to be heard and subject to a full report to the next Fraternity Convention for its approval
C Effect
1. Surrender of Equipment. Upon the surrender, suspension, or revocation of a charter, the property of the Chapter Collegiate, including the Fraternity paraphernalia, Ritual books, and books of record, must be surrendered to the Eminent Supreme Recorder and kept by him subject to the orders of the Supreme Council
2. Affected Members. Upon the suspension of a charter, all current members of the Chapter Collegiate will be considered suspended members until further notification by a Fraternity officer, and the charter
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will remain suspended until final action by the Fraternity Convention.
D. Further Chapter Discipline.
3. Probation. The Supreme Council or a Province Council or the Eminent Supreme Recorder may place on probation any Chapter Collegiate under its jurisdiction which is determined to be deficient in the minimum standards of the Fraternity or which is placed on probation by the collegiate host institution where it is domiciled. A probation imposed by the Eminent Supreme Recorder a Province Council may be appealed to the Supreme Council within 30 days after notice of such action, who may overturn the Eminent Supreme Recorder ’s Province Council’s decision by a four-fifths vote.
Rationale: As the Fraternity adapts and evolves to meet the needs of our membership, our organizational structure must also adapt and evolve. Growing our volunteer base is essential. By reimagining the current Province configuration and creating a more intentional volunteer engagement structure based on the needs of the organization, our goal is to produce targeted, focused and tangible engagement for our volunteers. In creating more intentional and defined roles for our Province Archons, and therefore our overall Province purpose, we are focusing a more unified and streamlined approach that has specific intention and meets the need for today’s Fraternity experience. The importance of a Province Council is not diminished but rather repurposed in the form of a Province High-Performance Team to address those specific needs facing the Fraternity and our membership. These Province High Performance Teams will provide more opportunities for engagement. With over 250,000 alumni members across the Realm, this law change shifts the roles for our Province volunteers to be more intentional in purpose. With implementation, the Province effort will also better serve our alumni members.
Sponsors: Mike Corelli (Northern Illinois ‘01), Chris Hancock (Indiana State ‘96)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 3 AMEND SECTION 18.C.2
18.C.2 “Any newly elected Fraternity member must be fully initiated into the Fraternity no later than ninety-six hours after no later than 30 days after he accepts an invitation to join the Fraternity, or the timeframe that meets the policy of the University or College where the chapter is affiliated, whichever is suitable for the chapter, unless he accepts an invitation to join the Fraternity, unless his invitation is rescinded prior to initiation or unless the Eminent Supreme Recorder, for good cause shown, extends this time requirement.”
Rationale: The ninety-six hour time frame does not provide enough time for the Fraternity Service Center (FSC) to record all names and issue badges for each new member and have them delivered to the chapter in time for each member to be given their badge at initiation. The Ritual states that the badge be pinned on the initiate during the ceremony and the failure to deliver the badges in a timely contradicts the precepts of The Ritual. Getting to know the New Members is also an issue when adhering to the 96 hours rule. All other membership materials including a hard copy of The Phoenix, Membership Card and Membership Certificate / Shingle shall be delivered with two weeks of the members accepting their formal invitation to join the chapter and Fraternity.
Sponsors: Hugh Miller (Alabama ‘85)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 4 AMEND SECTION 18.C
3 Chapters in good standing can extend the bid to initiate period up to 8 days
Rationale: The 96 hour bid to initiate limit does not allow some chapter to give out bids and initiate the following weekend. For example our university schedules bid night on a Saturday night causing our chapter to initiate during the middle of the week. By not being able to initiate the following weekend, the 96 hour limit causes the following issues;
1. Due to the distance between the Levere Memorial Temple (LMT) and our Chapter, initiating at the LMT can only be done on a weekend. Ever since the 96 hour limit our Chapter has not initiate at the LMT. We would like the option to be able to initiate at the LMT again by allowing us to have enough time to travel to the LMT the following weekend.
2. Due to the 96 hour limit our chapter initiates during the week late at night. Our chapter usually initiates at 10pm in order for all chapter members to be able to attend this mandatory event. With initiation being so late;
a. we have made it very difficult on our members that have early classes the next day.
b. we have made it very difficult for our Alumni to attend. Before the 96 hour limit, our advisors and our House Corporation Alumni tried to attend as well as Alumni that knew who was being initiated. Now only retired Alumni seem to be able to attend. 3. Another disadvantage with initiation being in the middle of the week, is that it makes it very difficult for family members, that are members, to be at initiation. Having initiation on the following weekend would give a family
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member the ability to make plans, travel, and attend initiation.
Sponsors: Rick Shipley (Evansville ‘79).
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 5 AMEND SECTION 16
Amend Section 16 Eligibility for Membership, as follows: After Section A. Qualifications, insert the following:
1. Election of membership by a Chapter Collegiate
a. He is a male student of either the following
i. A collegiate host institution that is the domicile of an active Chapter collegiate.
ii. A consortium of such collegiate host institutions approved by the Supreme Council
b. He is of sound moral character.
c. He is of creditable intellectual attainments.
d. He is socially acceptable throughout the Fraternity.
2. Election of membership by an Alumni Chapter:
a He identifies as male
b He is of sound moral character
c He is of creditable intellectual attainments
d He is socially acceptable throughout the Fraternity.
B. Special Initiation: No person who is or has been a member of another college social fraternity is eligible for membership in the Fraternity, except that a Chapter Collegiate or Alumni Chapter may, by a threequarters vote, initiate a person otherwise eligible for membership upon the recommendations of its Province Archon and the Eminent Supreme Recorder and the unanimous approval by the Supreme Council, subject to any requirements, rules or restrictions the Supreme Council may deem necessary in each individual situation, provided that each of the following apply.
1. He cannot have attempted to become a member of the Fraternity in any manner other than that prescribed in these Fraternity Laws.
2. He must have, in writing, resigned his membership in the other college social fraternity.
3. He must not have ever been expelled from the college social fraternity of which he was a member, and that fact must be confirmed in writing.
Rationale: Eligibility of membership in our organization needs to become nimbler and more open to those other than college students to respond to the changing demographics of the U.S. educational system. This section first opens Alumni
Chapters to the ability to recruit and initiation members into the Fraternity if they so choose. It further removes the nonstudent initiation requirements since an Alumni Chapter now has the capability of electing candidates and initiating them on their own or in conjunction with a chapter. Further, this amendment updates the pathway for a resigned member of another social fraternity to be considered, adding in an Alumni Chapter’s capability to elect membership, and eliminating unnecessary hurdles and unneeded approvals.
Sponsors: Richard Shanahan (Fort Hays State ‘03)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 6 AMEND SECTION 29
Strike Title III, Section 28G: Direct Vote
29. The Fraternity Convention. The supreme authority of the Fraternity is vested in the Fraternity Convention.
A. Membership. The Fraternity Convention consists of each of the following:
1. Past Eminent Supreme Archons who have served for a full term of office
2. The Fraternity officers
3. Each Province, represented by its Province Archon or, in the absence of such Province Archon, the Province Deputy Archon or another Province officer designated by the Province Archon
4. Each Chapter Collegiate, represented by one delegate
5. Each alumni association, represented by one delegate
B. Qualifications. Each member of the Fraternity Convention must be credentialed to vote by the Fraternity Convention during any session.
1. Chapter Collegiate Delegate. Each Chapter Collegiate is entitled to one delegate and one alternate delegate to any session of the Fraternity Convention, provided that such Chapter Collegiate is current in its dues and reports to its province and the Fraternity Service Center.
2. Alumni Association Delegate. Each alumni association is entitled to one delegate to any session of the Fraternity Convention, provided that such delegate is a member in good standing of such alumni association and provided that such alumni association is current in its dues and reports to the Fraternity Service Center.
3. Single Vote. No individual is entitled to have more than one vote on any matter before the Fraternity Convention, including on any direct vote.
4. Collegiate Majority. If delegates from the Chapters Collegiate do not comprise a majority of the delegates credentialed at a session of the
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Fraternity Convention, then the alternate delegate from each eligible Chapter Collegiate must also be credentialed as a delegate of that session of the Fraternity Convention.
C. Regular Sessions. The Fraternity Convention must meet biennially at such time and place as the Supreme Council selects.
D. Special Sessions. Special sessions of the Fraternity Convention may be called by the Eminent Supreme Archon with the advice and consent of the Supreme Council. No other business than that specified in the call may be transacted at such session.
E. Quorum. One-fourth of the members of the Fraternity Convention constitutes a quorum, provided that delegates are present from at least one-fourth of the Chapters Collegiate in good standing.
F. Rules of Order. The rules contained in the current edition of Robert’s Rules of Order Newly Revised will govern the Fraternity Convention in all cases to which they are applicable and in which they are not inconsistent with these Fraternity Laws and any special rules of order the Fraternity Convention may adopt.
G. Direct Vote. The Eminent Supreme Archon, with the advice and consent of the Supreme Council, may solicit a direct vote of the Fraternity Convention For the purposes of this section, the delegate to the Fraternity Convention for a Chapter Collegiate is its Eminent Archon and for an alumni association is its president.
Rationale: Mail ballots, which is what this title authorizes, are becoming outdated and unnecessary. The questions in a mail ballot are never defeated. The Supreme Council, if a true emergency situation were to arise, has the ability to change Fraternity Law, and the provisions of that allowance provide the Fraternity Convention the ability to review and overturn the action if deemed unnecessary. Thus, direct votes are no longer needed, a waste of time for staff and the Supreme Council, and are virtually ignored by voting delegations. Coupled with the submitted change to approving charters, direct votes are no longer necessary.
Sponsors: Richard Shanahan (Fort Hays State ‘03) The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 7 AMEND SECTION 52.B & 52.C
52. Procedure for Granting Charter. Whenever the Permanent Committee on Extension deems extension to a collegiate host institution to be propitious, the Supreme Council the Committee may approve the formation of an Emerging Chapter for eventual chartering as a Chapter Collegiate.
A. Petition. Whenever an Emerging Chapter determines, in consultation with the Province Archon and the Eminent Supreme Recorder, that it has met all conditions required to be chartered as a Chapter Collegiate, it may submit a
petition for charter, signed by at least twenty-five persons eligible for Fraternity membership, with the Eminent Supreme Recorder, accompanied by a charter fee of three thousand dollars, subject to refund if no charter is granted.
B. Investigation. Before a petition may be considered by the Fraternity Convention, a team appointed by the Eminent Supreme Archon Recorder, in consultation with the Chair of the Committee on Extension, consisting of one member of a Chapter Collegiate and two members of the Chapter Alumnus, none of whom may have been previously associated with the Emerging Chapter, must investigate the Emerging Chapter, with at least one member visiting in person. A report and recommendation must be submitted to the Fraternity Convention, by and through the Eminent Supreme Archon Permanent Committee on Extensions who will present it at the next General Session of the Fraternity Convention as part of its biennial activity report
C. Granting Charter. The Permanent Committee on Extensions may, upon reviewing the investigation report and confirming requirements to be chartered have been met, A two-thirds vote of the Fraternity Convention will to authorize the Supreme Council to sign and issue a charter and to install the group to which it is issued as a Chapter Collegiate of the Fraternity. All charters authorized by the Permanent Committee on Extension are to be reported to the next General Session of the Fraternity Convention for ratification by majority vote.
D. Signing Charter. Each charter must be signed by all members of the Supreme Council. A Chapter Collegiate disbanded may be reorganized under its original name, and if a Chapter Collegiate is so reorganized, the old charter, if it exists, must be returned to the Chapter Collegiate.
E. Equipment. If a charter is granted, all necessary Ritual regalia must be furnished to the chartered group without further payment other than the charter fee.
F. Installation & Initiation. Each Emerging Chapter member eligible for Fraternity membership, including alumni members and alumni of a local society being charted as a Chapter Collegiate, are eligible for prompt initiation upon the Emerging Chapter’s installation as a Chapter Collegiate, subject to reporting requirements the Eminent Supreme Recorder may prescribe
Rationale: Fraternity Conventions are the only Governing Body authorized to grant charters to new collegiate groups. If Direct Votes are eliminated, a new process needs to be established to grant charters and have them ratified by the Fraternity Convention. In Fraternity Law, the Permanent Committee on Extension is given the duty to develop, amend, and implement a plan for deliberate and orderly growth of the Fraternity. As a committee of the Fraternity Convention, appointed by the Supreme Council and supported by the Eminent Supreme Recorder, it clearly has the direct mandate, as well as the most direct knowledge of the development of emerging chapters and charged with maintaining potential future expansion, from
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the Fraternity Convention. Authorizing them to grant a charter, which must be reported at the next Fraternity Convention for ratification, removes several steps in the current process and provides the Supreme Council with less administrative tasks to free them to focus on the strategic direction of the Fraternity.
Sponsors: Richard Shanahan (Fort Hays State ‘03)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 8
AMEND SECTION 28.A.2, 28.A.3, 28.B.2, 28.B.7.B
28. Appeals.
A. Jurisdiction. The following decisions are subject to appeal to the specified Fraternity bodies:
1. Any adverse action taken by a Chapter Collegiate or by a Province Archon under his own authority or with his consent may be appealed to the chapter’s or the Province Archon’s Province Council.
2. Any adverse action, including on appeal, taken by a Province Council may be appealed to a special committee authorized by the Supreme Council.
3. Any adverse action, including on appeal, taken by the Supreme Council special committee, may be appealed to the Fraternity Convention to comprise a final appeal by the accused, with such appeal to be heard by the Council of Province Archons sitting as a court composed of all the Province Archons present at the next regular session of the Fraternity Convention.
B. Appellate Procedure.
1. Method. Any appeal must be in writing and must substantively state the basis for the appeal.
2. Notice. Notice of the appeal must be given both to the Fraternity Body or officer whose decision is being appealed and, for appeals to a Province Council, to the respective Province Recorder, or, for appeals to the Supreme Council or the Fraternity Convention, to the Eminent Supreme Recorder.
3. Timeline. Any appeal must be made within thirty days of the accused’s notice of the action being appealed.
4. Transmission of Record. If an appeal is duly taken, the body whose decision is being appealed must, within seven days, transmit to the appellate body a complete record of the matter.
5. Parties. The parties to an appeal will be the accused and the following representative of the Fraternity or his designee:
a. The Eminent Archon, for any matter originally tried by his Chapter Collegiate
b. The Province Archon, for any matter originally tried by his Province Council or for any summary action taken by his Province Council or himself,
either under his own authority or with his consent
c. The Eminent Supreme Archon, for any matter originally tried by the Supreme Council or a special commission or for any summary action taken by the Supreme Council
6. Hearing. An appellate body may make rules governing the hearing of appeals before it, provided, however, that equal time must be given to the accused and to the representative of the Fraternity.
7. Decision.
a. A Province Council must give the accused notice of its decision on appeal within thirty days of the appeal hearing.
b. The Supreme Council special committee must give the accused notice of its decision within six months of the appeal hearing.
c. The Council of Province Archons must, before the adjournment of the regular session of the Fraternity Convention, report its findings to the Fraternity Convention for final action.
8. Judgment. The judgment on appeal will be one of the following:
a. To affirm the conviction and the penalty
b. To affirm the conviction but reduce the penalty
c. To reverse the conviction and acquit the appellant
C. Membership Status During Appeal & After Reversal.
During the pendency of an appeal, the accused will be temporarily suspended from the rights, privileges, and immunities of the Fraternity; however, a judgment to reverse the conviction and acquit the accused restores the member to his original rights, but, if the penalty was expulsion or suspension, such reversal does not render him or his Chapter Collegiate liable for any obligation that would have accrued during the period between the imposition of the penalty against him and its reversal.
D. Failure to Appear. If the appellant fails to appear at the hearing of his appeal, his appeal must be dismissed, and no subsequent appeal may be entertained.
Rationale: The Supreme Council needs the ability to focus on the strategic management of the Fraternity. It frequently must divert this attention to tasks that deflect from this strategic visioning. Appeals, while not always frequent, are one of those tasks that divert their attention and can be better handled by a select group of brothers who can devote more attention to the arguments of both the accused and the trial body. The Supreme Council can determine how to constitute this special committee under its current authority to create committees.
Sponsors: Richard Shanahan (Fort Hays State ‘03)
The Permanent Committee on Fraternity Laws does not recommend adoption.
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PROPOSAL 9
AMEND SECTION 23, 24, 25, 26, 27, 28, & 61.D.4
23. Jurisdiction. Each Fraternity member is under the original jurisdiction of the his Chapter Collegiate of which he is, or was last, a member, such Chapter Collegiate’ s Province Council, and, including the case of all members of the Fraternity who are not a member of a Chapter Collegiate, of the Supreme Council Fraternity Convention
24. Summary Actions.
A For a Flagrant Offense. Whenever a Fraternity member commits a flagrant offense, the Supreme Council or his Province Council may summarily expel, suspend, fine, reprimand, or place on probation that member or some combination of these
B For an Offense. Whenever a member commits an offense, the Province Archon or, with the consent of the Province Archon, either the chapter advisor or chapter advisory board may summarily suspend, reprimand, or place on probation that member or some combination of these
C Appeal. Any summary action taken against a member may be appealed in accordance with this Title
25. Disciplinary Procedures.
A. Initiating a Disciplinary Matter.
1. By Preferment of Charges. Any Fraternity member or any Fraternity Body, having reasonable cause to believe that any Fraternity member has committed an offense, may prefer charges against him as follows:
a. Such charges must be in writing.
b. Such charges must be signed by the complainant
c Such charges must specify the alleged offense
d Such charges must be submitted by the complainant either to the Chapter Collegiate holding jurisdiction over the accused or to the Supreme Council.
B By Notice to a Chapter Collegiate. A Province Archon, house corporation president, alumni association president, or chapter advisory board may give written notification to a Chapter Collegiate under its jurisdiction or affiliation of conduct of a member or members of the Chapter Collegiate which constitutes an offense.
C Trial Authority. The following Fraternity bodies may act as a Trial Authority having authority to try a Fraternity member for an offense
1. The Supreme Council; provided, however, that the Supreme Council may, upon issuance of a formal accusation, delegate its authority to a Special Commission consisting of a chairman and no more than four additional members, each of whom are members in good standing of the Fraternity
2. A Chapter Collegiate or a duly imposed alumni
commission, provided it holds jurisdiction over the accused.
3. A Province Council, if, within thirty days after written notification to one of its Chapters Collegiate by its Province Archon, house corporation president, alumni association president, or chapter advisory board of conduct of a member or members of the Chapter Collegiate which constitutes an offense, the Chapter Collegiate fails to eliminate any such offense.
D Preliminary Procedures. The trial authority must make a preliminary investigation of the charges submitted to it
E Resolution by Standards Board If the matter is under the jurisdiction of a Chapter Collegiate, and if the Chapter Collegiate’s by-laws provide for the authority of a standards board, such standards board may resolve the matter before trial by mutual agreement with the accused by imposing upon the accused a probation, a fine, a reprimand, or some combination of these
F Formal Accusation. If the matter is not duly resolved before trial, and if the charges appear to be well-founded, the trial authority must issue a Formal Accusation in writing
a The formal accusation must specify the alleged offense, must substantively state the essential facts constituting the offense, and must specify the time and place for trial of the matter.
b. The trial authority must cause notice of the formal accusation and trial to be given to the accused either in person at least ten days before the trial or by certified mail at his latest address of record at the Fraternity Service Center, with notice complete upon mailing , at least twenty days before the trial
26. Trial. The trial hearing must be conducted at the specified time and place in the formal accusation
A. Due Process. In all cases, the accused must be given a reasonable opportunity to be heard and may appear personally or by a representative, including by attorney, who must be a member in good standing of the Fraternity.
B. Findings. Thereafter the trial authority will determine the guilt or innocence of the accused. A majority vote of the members present and in good standing, provided there is a quorum present, is required to find the accused guilty
C. Sentence A separate vote is required to impose any penalty as permitted by this Title.
D. Special Trial Considerations.
1. By the Supreme Council. The Eminent Supreme Archon or any other member of the Supreme Council designated by the Eminent Supreme Archon will act as presiding officer, and the Eminent Supreme Archon will appoint a clerk and a prosecutor, who will act on behalf of the Fraternity.
2. By a Special Commission. a The chairman of the special commission will act as presiding officer and will appoint a clerk
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and prosecutor, who will act on behalf of the Fraternity.
b. The special commission may not find an accused guilty or impose upon him any penalty, but will rather report the evidence with its findings and its opinion to the Supreme Council, which will then act with the same force and effect as if it had conducted the trial.
3. By a Chapter Collegiate.
a. The trial must take place during a special meeting of the Chapter Collegiate, thus requiring a two-thirds majority of its members in good standing to be present to constitute a quorum
b. For trials by a Chapter Collegiate, the Eminent Archon will act as presiding officer (or, if the Eminent Archon is among the accused, the Eminent Treasurer will act in his place), and the Eminent Deputy Archon will act on behalf of the Fraternity as the prosecutor (or, if the Eminent Deputy Archon is among the accused, the Eminent Warden will act in his place).
4. By an Alumni Commission. The chairman of the alumni commission will act as presiding officer and will appoint a clerk and a prosecutor, who will act on behalf of the Fraternity
5 By a Province Council The Province Archon or any other member of the Province Council designated by the Province Archon will act as presiding officer and will appoint a clerk and a prosecutor, who will act on behalf of the Fraternity
E Failure to Appear. If, after being duly notified of a formal accusation against him, the accused fails to appear for the trial hearing, he may not thereby be deemed guilty of the offense charged, but the trial authority may either postpone the trial or proceed notwithstanding his absence
F Postponement. Upon due cause shown, a trial authority may postpone a trial hearing to such time as it sees fit
24. Special Commissioners. The Fraternity Convention’s jurisdiction will be exercised by a group of Special Commissioners, who will hold such office as follows
A. Appointment. The Eminent Supreme Archon, with the advice and consent of the Supreme Council, must appoint as many Special Commissioners as may be required to properly discipline the Fraternity ’s members.
B. Term & Term Limits. Each Special Commissioner will serve for a term that will automatically expire on the third anniversary of his appointment Each Special Commissioner may only serve two consecutive terms and thereafter may not serve in such a role for three years
C. Prohibition on Other Offices. No Fraternity Officer or Province officer may be a Special Commissioner.
D. Training Required. Before he may take office, each Special Commissioner must receive such training as the Supreme Council may direct, to be coordinated by the
Eminent Supreme Recorder
24. Discipline Matters.
A. Rights of the Accused. Each member of the Fraternity is guaranteed the following rights:
1 The right to a presumption of innocence,
2 The right to full knowledge of any charges preferred against him,
3. The right to due notice,
4. The right to a hearing to dispute the charges preferred against him,
5 The right to present evidence in his defense,
6 The right to confront evidence brought against him,
7 The right to be represented by an advisor or counselor, who must also be a member of the Fraternity,
8. The right to prompt resolution of charges preferred against him, and
9 The right to waive any right or procedure in this Title
B Informal Resolution If a member has committed an Offense, the matter may be informally resolved by the Chapter Collegiate’ s standards board (if so provided in the Chapter Collegiate’ s bylaws), by the Chapter Collegiate’ s Eminent Deputy Archon, or by a Province Archon In all matters resolved by informal resolution, the accused must consent to the resolution of the matter
C. Preferment of Charges. If the accused does not consent to informal resolution of the matter, charges may be preferred in writing against the accused by the following; provided, however, that no specific form or formality is required to prefer charges:
1 The Chapter Collegiate’ s Eminent Warden,
2 The Chapter Collegiate’ s Eminent Archon,
3. The Chapter Collegiate’ s Chapter Advisor,
4. A Province Archon,
5. The Eminent Supreme Archon, or
6 A petition signed by at least five members in good standing of the Fraternity
D. Authority to Hold Hearing.
1 By a Chapter Collegiate If the accused is a member of the Chapter Collegiate, his Chapter Collegiate may hold the hearing itself.
2. By a Special Commissioner. If the accused is not a member of a Chapter Collegiate or if the Chapter Collegiate cannot properly hear the matter itself, a Special Commissioner will hear the matter
E. Formal Notice. The preferred charges, as the matter may warrant, must be presented to the Chapter Collegiate’ s Eminent Deputy Archon or to the Eminent Supreme Archon, who will thereafter assign the matter to a Special Commissioner If the Eminent Deputy Archon or the Special Commissioner finds that the charges are properly preferred and substantiated, he must issue a formal notice to the accused that must:
1. Be in writing,
2. State the alleged Offense or Offenses,
3 Specify the conduct giving rise to the Offense or Offenses,
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4 Specify the time and place for a formal hearing on the matter, and
5. Be either personally received by the accused or sent by certified mail to his latest address of record with the Fraternity Service Center
F. Formal Hearing. The purpose of the formal hearing is to determine the truth behind the preferred charges and what, if any, justice the accused should face for committing an Offense. The formal hearing does not require any special form or formality, may not adopt or incorporate external legal theories or courtroom procedures, and must otherwise protect the rights of the accused If the matter is heard by a Chapter Collegiate, two-thirds of its members will constitute a quorum for such hearing.
G. Failure to Appear. If the accused fails to appear for a formal hearing after he duly received notice of the hearing, the formal hearing may proceed notwithstanding his absence
H. Resolution. After the formal hearing, the Chapter Collegiate or the Special Commissioner must decide if the accused is guilty of an Offense. The decision of the Chapter Collegiate will be by majority vote.
I. Timelines on Discipline Hearing. The Fraternity should pursue prompt resolution of the charges preferred against a member to respect a member ’s rights Timely hearings, however, should also account for any external legal proceedings which take precedent over internal fraternity measures. Outside any external legal proceedings, the hearings should follow this following timeline:
1 From the conduct giving rise to an Offense to the preferment of charges: no more than six months,
2 From the preferment of charges to a formal notice for a hearing: no more than ten days,
3. From the formal notice for a hearing to the formal hearing: not less than ten days if personally received, otherwise, no less than twenty days,
4 From receipt by the accused of the formal notice for a hearing to the formal hearing: no more than sixty days, and
5. From the formal hearing to resolution of the matter: no more than ten days.
27. Penalties. If the accused is found guilty, the trial authority Chapter Collegiate or the Special Commissioner must immediately impose upon him one or more penalties among expulsion, suspension, probation, a fine, or a reprimand. If the accused pleads guilty, the trial authority must immediately impose upon him one or more penalties among expulsion, suspension, probation, a fine, a reprimand, removal from any Fraternity-related position(s) held, whether or not formally recognized by these Fraternity Laws, or suspension from holding any Fraternity-related position(s), whether or not formally recognized by these Fraternity Laws, for a designated term.
A. Required Vote. A two-thirds vote of the trial authority Chapter Collegiate is necessary to impose a penalty of suspension or expulsion. and a majority vote of the trial authority is necessary to impose probation, a fine, a
reprimand, or for the removal from a position or suspension from holding a position related to the Fraternity.
B. Expulsion. Each of the following will apply to any expelled member:
1. He will lose all connection with the Fraternity and all the rights and privileges of membership, but will not be released from the pledge of secrecy given at the time of his initiation.
2. He must surrender the badge, certificate of membership, and membership card previously issued to him to the Eminent Supreme Recorder, by and through the Eminent Archon of the Chapter Collegiate who expelled him, if applicable.
3. He will forfeit his right to receive The Record.
4. He must be treated as any other imposter should he claim any connection with the Fraternity or ask any hospitality from any Chapter Collegiate or member.
C. Suspension. Each of the following will apply to any suspended member:
1. He will temporarily lose all rights and privileges of membership.
2. He must surrender the badge loaned to him at the time of initiation to the Eminent Archon if he is a member of the Chapter Collegiate, or to the Eminent Supreme Recorder or his designee if he is a member of the Chapter Alumnus or the Chapter Quiescent, who will hold it during the period of suspension.
3. He may not display the certificate of membership during the period of suspension, attend any collegiate or alumni meeting or social affair given under the auspices of the Fraternity, or enter any chapter house for any purpose.
D. Notice. When a Chapter Collegiate expels or suspends a member, the Eminent Correspondent must at once, in a form prescribed by the Eminent Supreme Recorder, notify the Eminent Supreme Recorder, his Province Archon, and any other interested parties.
E. Reinstatement.
1. Required Vote. Any member who has been expelled or suspended may be reinstated by any of the following:
a. A two-thirds vote of the Chapter Collegiate which imposed such penalty
b. A four-fifths vote of the Supreme Council
c. The Fraternity Convention
2. Reinitiation. Any member reinstated to the Fraternity must, as a requirement of reinstatement, participate in an Initiation Ceremony of the Chapter Collegiate under procedures recommended by the Permanent Committee on the Ritual and adopted by the Supreme Council.
28. Appeals.
A. Jurisdiction. The following decisions are subject to appeal to the specified Fraternity bodies:
1 Any adverse action taken by a Chapter Collegiate or by a Province Archon under his own authority or with his consent may be appealed to the chapter ’s or the Province Archon’s Province Council
2 Any adverse action, including on appeal, taken by
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a Province Council may be appealed to the Supreme Council.
3. Any adverse action, including on appeal, taken by the Supreme Council, may be appealed to the Fraternity Convention to comprise a final appeal by the accused, with such appeal to be heard by the Council of Province Archons sitting as a court composed of all the Province Archons present at the next regular session of the Fraternity Convention.
B. Appellate Procedure.
1. Method. Any appeal must be in writing and must substantively state the basis for the appeal
2. Notice. Notice of the appeal must be given both to the Fraternity Body or officer whose decision is being appealed and, for appeals to a Province Council, to the respective Province Recorder, or, for appeals to the Supreme Council or the Fraternity Convention, to the Eminent Supreme Recorder
3. Timeline. Any appeal must be made within thirty days of the accused’s notice of the action being appealed
4. Transmission of Record. If an appeal is duly taken, the body whose decision is being appealed must, within seven days, transmit to the appellate body a complete record of the matter
5. Parties. The parties to an appeal will be the accused and the following representative of the Fraternity or his designee:
a. The Eminent Archon, for any matter originally tried by his Chapter Collegiate
b The Province Archon, for any matter originally tried by his Province Council or for any summary action taken by his Province Council or himself, either under his own authority or with his consent
c. The Eminent Supreme Archon, for any matter originally tried by the Supreme Council or a special commission or for any summary action taken by the Supreme Council
6 Hearing An appellate body may make rules governing the hearing of appeals before it, provided, however, that equal time must be given to the accused and to the representative of the Fraternity.
7. Decision.
a A Province Council must give the accused notice of its decision on appeal within thirty days of the appeal hearing
b. The Supreme Council must give the accused notice of its decision within six months of the appeal hearing.
c The Council of Province Archons must, before the adjournment of the regular session of the Fraternity Convention, report its findings to the Fraternity Convention for final action
8. Judgment. The judgment on appeal will be one of the following:
a To affirm the conviction and the penalty
b To affirm the conviction but reduce the
c. To reverse the conviction and acquit the appellant
C. Membership Status During Appeal & After Reversal.
During the pendency of an appeal, the accused will be temporarily suspended from the rights, privileges, and immunities of the Fraternity; however, a judgment to reverse the conviction and acquit the accused restores the member to his original rights, but, if the penalty was expulsion or suspension, such reversal does not render him or his Chapter Collegiate liable for any obligation that would have accrued during the period between the imposition of the penalty against him and its reversal
D Failure to Appear If the appellant fails to appear at the hearing of his appeal, his appeal must be dismissed, and no subsequent appeal may be entertained.
28. Appeals
A. Appellate Body. Appeals from a summary action, a formal hearing, or a membership review will be heard by five Special Commissioners assigned by the Eminent Supreme Archon, excluding any Special Commissioners who previously heard the matter.
B. Grounds for Appeal. An appeal may be based upon any aspect of the decision process, the decision itself, or the penalty imposed
C Requesting an Appeal The accused must request an appeal within thirty days of the resolution of the matter. Such request must be in writing and must be directed to the Eminent Supreme Recorder; provided, however, that no specific form or formality is required to appeal
D. Appeal Hearing. Upon receipt of the appeal by the Eminent Supreme Recorder, the Eminent Supreme Archon will refer the matter to the five Special Commissioners assigned to hear the matter. The Eminent Supreme Recorder must provide the accused with a notice listing the time and place of such appeal hearing
E. Appeal Decision. The Special Commissioners must render a decision on the appeal in writing Such judgment on appeal will be one of the following:
1. To affirm the conviction and the penalty,
2. To affirm the conviction but reduce the penalty,
3. To reverse the conviction and acquit the accused.
F. Membership Status During Appeal & After Reversal. During the pendency of an appeal, the accused will be temporarily suspended from the rights, privileges, and immunities of the Fraternity; however, a judgment to reverse the conviction and acquit the accused restores the member to his original rights, but, if the penalty was expulsion or suspension, such reversal does not render him or his Chapter Collegiate liable for any obligation that would have accrued during the period between the imposition of the penalty against him and its reversal
G. Failure to Appear. If the accused fails to appear for an appeal hearing after he duly received notice of the hearing, his appeal must be dismissed, and no further appeal may be made
H. Timeline for Appeal. To protect the accused’s right to
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penalty
prompt resolution of the charges preferred against him, the following time requirements may never be altered without the accused’s consent:
1 From receipt of the appeal by the Eminent Supreme Recorder to the appeal hearing: no more than sixty days, and
2 From the appeal hearing to the appeal decision: no more than ten days.
I. Final Appeal. Following the appeal decision, the accused may seek final redress from the Fraternity Convention by submitting such a request to the Eminent Supreme Recorder within ten days of the appeal decision Such appeal must be substantive and in writing, and the Fraternity Convention will act solely on the written appeal
61.D.4
4. Chapter Membership Review. The Supreme Council may authorize a membership review of any Chapter Collegiate to be conducted by members of the Chapter Alumnus Special Commissioners appointed assigned by the Supreme Council Eminent Supreme Archon.
a. Effect. During such review, any member of the Chapter Collegiate may be summarily expelled, suspended, placed on probation, fined, reprimanded, or any combination thereof.
b. Appeal. Any adverse action of the membership review may be appealed to the membership review committee full panel of Special Commissioners assigned to the membership review within thirty days after notice of such action. If, after reconsideration of the membership review committee full panel of Special Commissioners, the member wishes to appeal the outcome, he may appeal to the Supreme Council within thirty days after notice of the outcome as provided in Title II.
Rationale: The current membership and discipline process needs to be updated to streamline portions and make clear ability of chapters to discipline members through informal methods. This change further removes the Supreme Council from the process to allow members to have their cases heard and addressed without the elected bodies of the Fraternity required to be involved. The new process will create a set of Brothers that are focused and trained to work with our members and chapters to ensure that every case is handled equally and fairly, removing potential bias from the process. This change codifies the rights of a member that has been accused and also recognizes the potential for outside circumstances to impact timely resolution to questions.
Sponsors: Richard Shanahan (Fort Hays State ‘03)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 10 AMEND SECTION 10.A.1.B
10. Fraternity Laws & Ritual
A. Amendment & Repeal. The Fraternity Laws and Ritual may only be amended or repealed in the following manners:
1. By the Fraternity Convention
a. A two-thirds vote of the Fraternity Convention may amend or repeal the Fraternity Laws or Ritual. Such vote may be taken at a session of the Fraternity Convention or by a direct vote.
b. Any member in good standing with the Fraternity may propose an amendment or repeal to the Fraternity Laws or Ritual by giving notice to the Eminent Supreme Recorder by the 15th Day of December 30th Day of January at 12:00 AM CT that immediately precedes a regular session of the Fraternity Convention. The Eminent Supreme Recorder must publish such notice in the issue of The Phi Alpha for that session of the Fraternity Convention.
RATIONALE: The original law proposal due date harkens back to the use of traditional mail for sharing proposals, today the prevailing communication method is electronic. This amendment provides a month and a half longer for submittal, and still allows the staff and the laws committee four months’ time to process.
Sponsors: Michael Corelli (Northern Illinois ‘01), Michael Rodgers (William & Mary ‘92), Mark McDonough (Youngstown State ‘98), Ben Johnson (UC-Irvine ‘87), James Skaggs (Oklahoma State ‘78), Thomas Dement II (Middle Tennessee State ‘90), Gregory Brandt (Drake ‘84), John Sebalos, (Oswego ‘05) and Joseph Costello (Youngstown State ‘03).
The Permanent Committee on Fraternity Laws recommends adoption.
PROPOSAL 11 AMEND SECTION 18.C.2
18. Initiation.
A. Pledge Programs Prohibited. Pledge programs in any form are prohibited by the Fraternity, no matter the duration or content of the program.
1. Voluntary Participation. Under no circumstances may a newly elected member participate in a pledge program, even if he agrees to do so voluntarily.
2. Pledges. No newly elected member may be referred to as a pledge.
B.Requirements for Initiation. No member may be initiated if any of the following apply:
1. He would be considered delinquent in scholarship.
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2. He owes any sum to any Fraternity body.
3. He has not completed his pre-initiation member onboarding with the Fraternity Service Center.
C. Initiation Activities. Any preinitiation or initiation activities must be entirely consistent with the purpose and ideals of the Fraternity as expressed in the Ritual of the Fraternity and these Fraternity Laws, and every possible provision must be made to assure dignity and serious demeanor in the Initiation Ceremony, and the following time limitations apply to any initiation:
1. Any preinitiation activity and informal initiatory work not included in the Ritual of the Fraternity must be concluded at least eighteen hours before the Initiation Ceremony.
2. Any newly elected Fraternity member must be fully initiated into the Fraternity no later than ninety-six hours after he accepts an invitation to join the Fraternity, unless his invitation is rescinded prior to initiation or unless the Eminent Supreme Recorder, for good cause shown, extends this time requirement thirty-one days from the official beginning of classwork at his college or university, unless his invitation is rescinded prior to initiation. A chapter may complete initiation at any time prior to the thirty-one day requirement An initiation date may be extended past thirty-one days only with the review and approval of the Eminent Supreme Recorder.
Rationale: I am aware that the 96-hour initiation requirement is considered by some brothers to be a “sacred cow,” and that its revocation would create a fraternal disaster Many believe that it would lead to the return of pledging and hazing and the loss of our insurance I do not believe that this will happen if we extend the wait time for initiation to 31 days. The tragedies that happen in the Fraternity world occur regardless of the time to initiation For the record, I would have ended pledging in 1965
As I have worked toward the submission of this amendment and spoken to brothers all over the nation, I have once again been reminded of the extreme variation of our over-200 chapters. Each is unique, and because each one turns over its entire membership every two-and-a-half years, it is always in a state of change, even without the consideration of technology The education and re-education of new men and involved alumni must continue every year It takes real time to do it and to do it well.
Consider some of the variations of each chapter ’s environment:
1 Is recruiting done at the beginning of the school year, all year, or deferred?
2. Do they recruit many new men or is it a small number?
3 Is the chapter located at a private, state, or land grant school?
4 How is the school year organized? Is it 2, 3, or 4 semesters?
5. Is the college population large or small?
6 Is the relationship with college, community, and city officials positive?
7. Is it a large chapter or small?
8. How long have they been established and what, if any, alumni support do they have?
9 Do they have a chapter house? If so, what percentage of the chapter lives there?
10. Do freshmen live in dormitories, off-campus, or in the chapter houses?
11 Does the chapter provide meals?
12 Is the campus “dry?”
13 Does the chapter know its history? Who teaches it to them and how? Do they think it ’s important?
These endless variations and more dictate that each SAE chapter must manage its own brotherhood and its own business where it is If they can
For those of us who have lots of new men to welcome, process, and educate, we need adequate time to do the job correctly Thirty-one days is not an excessive amount of time to prepare a well-organized start for the school year It will not put the Fraternity at more risk than a normal school year has for the last ten years
The demand to have initiation in 96 hours is cheapening our ritual. Even with the efforts of the excellent DeVotie Ritual School, reports to me by ritualists around the country confirm that the quality of initiation and its importance to active brothers in our chapters has been sadly and greatly diminished. “Many cannot even read the words well out of the book!” said a gifted brother. Another reported overhearing a young brother saying at the end of a grueling initiation that “it ’s just a bunch of words.” This is breaking my heart and I am sure many of yours as well We need time to fix it Brothers, this 96-hour time crunch means that we are often initiating men whose names we do not know! Does it seem right to you that we might have to wait until the Eminent Chronicler ’s part for a man to raise his right hand and “Pronounce Your Name!” to know who he is? We must do better. We need some time.
In a recent conversation, a suggestion by a thoughtful and gifted brother was that instead of changing a law, we should just ask for an extension of time from the Eminent Supreme Recorder. However, on reflection, it seems to me that this adds to the burden of the ESR and his staff at a time when he is very often in overload trying to start the school year. It also adds to the work of already overloaded chapter leaders and alumni to track down the ESR, plead their case, and wait for a result
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If for some reason the request is not approved, where do you appeal? How much time is wasted for both burdened parties? Thirty-one days is not much of a change, but those extra three weeks give many of us a chance to provide a proper start for the school year This amendment does not restrict any chapter from an initiation at any time during the first thirty-one days If it is useful for a chapter to initiate someone when they walk in the door, the chapter is free to do what they think is best. With acknowledgement to Theodore Roosevelt, each chapter leader making these decisions is “the man actually in the arena.”
Sponsors: William D. Farr (Oklahoma State ‘69)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 12
AMEND SECTION 13.B.6, 14.A, 14.B & 14.C
13. Fraternity Membership.
A. The Fraternity’s Chapters. A Fraternity member is a member of one of the following chapters:
1. A Chapter Collegiate
2. The Chapter Alumnus
3. The Chapter Quiescent
4. The Chapter Eternal
B. Actions Affecting Membership.
1. Effect upon Initiation. Immediately upon his initiation, a brother becomes a member of the Chapter Collegiate that initiated him.
2. Effect upon Graduation. Any member of a Chapter Collegiate who graduates or has graduated from a collegiate host institution with an undergraduate degree will immediately become a member of the Chapter Alumnus.
3. Effect upon Studying Abroad. Any member of a Chapter Collegiate who temporarily separates from his collegiate host institution to study abroad will remain a member of his Chapter Collegiate.
4. Effect upon Transfer, Withdrawal or Reenrollment. Except as provided for regarding studying abroad, any member of a Chapter Collegiate who separates from his collegiate host institution, either by withdrawal or by transfer to another collegiate host institution, will immediately become a member of the Chapter Quiescent until such time as he re-enrolls as a student at his original collegiate host institution or affiliates with another Chapter Collegiate at another collegiate host institution, as provided for in this Title, thus immediately becoming a member of that Chapter Collegiate.
5. Effect upon Suspension. Any Fraternity member who is duly suspended or who loses good standing as a member of the Chapter Alumnus will immediately become a member of the Chapter Quiescent.
6 Effect upon Inactivity Any member of a Chapter Collegiate who is granted inactive membership status, as provided for in this Title, will immediately become a member of the Chapter Quiescent until such time as he graduates or separates from his collegiate host institution, thus immediately becoming a member of the Chapter Alumnus
7. Effect upon Failure to Make Alumnus Gift. Any member of the Chapter Alumnus who is delinquent in accounts will immediately become a member of the Chapter Quiescent.
8. Effect upon Expulsion or Resignation. Any Fraternity member who is duly expelled or who resigns his membership, as provided for in this Title, ceases to become a Fraternity member or any of the Fraternity’s chapters.
9. Effect upon Reinstatement. Any person whose membership in the Fraternity is reinstated, as provided for in this Title, from his suspension, expulsion, or resignation will immediately become a member of the appropriate chapter that he would be a member of had his suspension, expulsion, or resignation never taken place.
10. Effect upon Passing. Any Fraternity member who passes away will immediately become a member of the Chapter Eternal.
14. Membership Status. A. Membership Standing.
1. Undergraduate Member in Good Standing. A Fraternity member is an undergraduate member in good standing with the Fraternity unless any of the following apply:
a. He is under probation.
b. He is a member of the Chapter Quiescent.
c. He is delinquent in accounts.
d. He is delinquent in scholarship.
e. A formal accusation exists against him.
2. Alumnus Member in Good Standing. A Fraternity member is an alumnus member in good standing with the Fraternity unless any of the following apply:
a. He fails to donate ten dollars or more in a fiscal year or aggregate gifts totaling one hundred dollars either to the Fraternity or to the Sigma Alpha Epsilon Foundation
3. Alumnus Member by Petition. A Fraternity member may petition to obtain alumnus status through application to the Supreme Council.
a. The form and content of the application is to be promulgated and executed by the Eminent Supreme Recorder, or his designee
b. The Supreme Council has sole discretion to grant or deny petitions to obtain alumnus status All decisions are final and may not be appealed
c. Members who are granted alumnus status by petition are to be afforded all the rights and privileges of alumnus members
B. Inactive Membership. The Fraternity neither offers
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nor recognizes any type of inactive membership status Chapters are expressly prohibited from offering or recognizing any type of inactive membership status, and Chapters may not utilize other membership statuses, such as probation or suspension, as a means to offer or recognize inactive membership status An active member may become an inactive member at his own request and upon good cause shown if each of the following apply:
1. He is a member in good standing of the Chapter Collegiate.
2 He has been a member of the Chapter Collegiate for at least two years
3 He is not delinquent in accounts
4 His Chapter Collegiate has approved his inactive membership by a three-fourths vote.
5. His Eminent Archon and his Province Archon have established that the Chapter Collegiate has made every attempt that will allow the member to retain active membership
6 He has obtained the written approval of his Province Archon
C. Resignation of Membership.
1. Qualifications. Any member of the Fraternity may resign his membership in the Fraternity as follows: a Undergraduate Member. He must declare, in writing, his intent and specific rationale to his Chapter Collegiate’s Eminent Archon.
b. Alumnus Member. He must declare, in writing, his intent and specific rationale to the Eminent Supreme Recorder, or his designee.
c He must accompany his declaration with his membership badge, certificate of membership, and membership card
d He must not be delinquent in accounts
2. Required Vote. A two-thirds vote of the Supreme Council may accept any member ’s resignation.
3. Effect. The resigned member will lose all connection with the Fraternity, including the rights and privileges of membership, but will not be released from the pledge of secrecy given at the time of his initiation. He will also forfeit the right to receive The Record.
4. Reinstatement. Any resigned member may petition the Supreme Council for reinstatement of his resigned membership. A two-thirds vote of the Supreme Council will reinstate the resigned member.
Rationale:
Prohibiting Inactive Membership: By offering inactive membership, our Fraternity and Chapter Collegiate groups are encouraging a 2–3-year member experience, rather than an all-encompassing lifetime membership.
o For chapters with chapter houses, as it stands today, it’s not uncommon for juniors or seniors who no longer live in the chapter house to request inactive status or utilize other statuses as a means to obtain inactive status.
o A Chapter Collegiate suffers when junior and senior members disaffiliate from the Fraternity in any way, as
these members can offer their advice and wisdom to chapters that have younger, less-prepared leaders.
Offering Alumnus Status by Petition: Understanding extraordinary circumstances arise from time to time, this new status option will offer undergraduate members who would otherwise resign or find themselves in the Chapter Quiescent to petition the Supreme Council for alumnus status. That said, these circumstances should be rare, which is why the Supreme Council will have the final word on all alumnus status petitions.
Simplifying Resignation Process: The current resignation process is too complex and requires the Supreme Council to approve each request. Simply put, that’s unnecessary.
o Members who wish to resign should be able to do so easily and without fanfare.
o Active, undergraduate members should only need to give notice to their Chapter Collegiate’s Eminent Archon, who can then notify the FSC of the member’s resignation.
o Members are not always in possession of their membership badge, certificate of membership, and membership card. Albeit important symbols of our Fraternity, these items are ceremonial in nature— especially in our increasingly digital world—and, thus, need not be returned.
o Our Scope of Association, and many Chapter Collegiate membership agreements, require payment of any past due balances regardless of membership status. Thus, this is an unnecessary hurdle that prevents someone from resigning—someone who, at that point, likely shouldn’t be recognized as a member, anyways.
Redefining the Effect upon Transfer, Withdrawal, or Reenrollment: Theoretically speaking, as the Fraternity Laws are currently written, members may become part of the Chapter Alumnus with little to no effort on their part.
o For example, as currently written, a member may transfer after one semester, which would grant him alumnus status.
o Alternatively, as currently written, a member may withdrawal during the semester in which he joins the chapter, which would grant him alumnus status.
Sponsors: Gregory Somers (Michigan State ‘98), Dick Lies (Northwestern ‘67), Jason Andrick (Frostburg State ‘97), Jake Showalter (Case Western ‘98), Juan Faria (Salem State ‘17), Steve Mitchell (Indiana ‘83) and James Skaggs (Oklahoma State ‘78)
The Permanent Committee on Fraternity Laws does not recommend adoption.
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PROPOSAL 13 AMEND 29
29 The Fraternity Convention The supreme authority of the Fraternity is vested in the Fraternity Convention.
A. Membership. The Fraternity Convention consists of each of the following:
1 Past Eminent Supreme Archons who have served for a full term of office
2 The Fraternity officers
3 Each Province, represented by its Province Archon or, in the absence of such Province Archon, the Province Deputy Archon or another Province officer designated by the Province Archon
4 Each Chapter Collegiate, represented by one delegate
5 Each alumni association, represented by one delegate
6. House Corporation Delegate, Each House Corporation is entitled to one delegate to any session of the Fraternity Convention, provided that such delegate is a member in good standing of such House Corporation and provided that such House Corporation is current in its dues and reports to the Fraternity Service Center.
*If a Chapter has both an Alumni Association and a House Corporation, then only one party may be granted a voting delegate
Rationale: As a recognized body of the Fraternity, they are one of the few parties not allowed to vote at the Convention, but represent roughly 150 groups. These organizations are deeply rooted in the daily lives of our collegiate brotherhood, which we are all here to serve. However, they are allowed no input on any matters pertaining to them. Furthermore, House Corporations provide services directly to collegiate members which are affected by decisions made at the biennial convention.
Sponsors: Juan Faria (Salem State ‘17)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 14 AMEND SECTION 70
70. Duties. House corporations subject to these Fraternity Laws must abide by each of the following requirements: A Chapter House Forever to Benefit Chapter A house corporation must forever hold a chapter house in trust for the primary benefit of the Chapter Collegiate.
B. Conveyances Prohibited. The Fraternity, in association with SAE Financial and Housing Corporation, may take any action necessary to prevent any transferring ownership of a chapter house by any manner to a third
party, including by threatened foreclosure sale or a taking by eminent domain, or prior to leasing a chapter house to a third party for a term, including all options to extend, of greater than five years so as to maintain the chapter house for the future use and benefit of the Chapter Collegiate These actions may include a rightof-first-refusal to acquire the chapter house, a binding asset purchase agreement protecting the net assets of the house corporation for the future development of a chapter house for the Chapter Collegiate, or a gift donation of the chapter house
C Surety Bond & Insurance Coverage. Each house corporation must be under corporate security bond of not less than ten thousand dollars and must maintain comprehensive liability insurance of not less than fivehundred thousand dollars and separate and additional umbrella liability coverage of not less than ten million dollars The Chapter Collegiate must pay the premiums for both bonds and insurances
D Report on Activities. Each house corporation must, on a date specified annually by the ESR and communicated by August 1, render to the Fraternity Service Center on a form prescribed by the Eminent Supreme Recorder a report of its current officers and activities for the preceding year Copies of such report must be furnished to the Chapter Collegiate
E Financial Reporting If required by applicable law, each House Corporation must prepare or have prepared the appropriate IRS Form 990, as required by IRS regulations at the close of the House Corporation’s fiscal year, and a copy of this form must be sent to the Fraternity Service Center
F Finances Each House Corporation is subject to annual dues of one hundred dollars, payable to the Fraternity on or before January 15.
Rationale: House Corporations have full autonomy over how they run their Chapter House. That is not to be changed, however they need our support. The Fraternity, through SAE Financial & Housing Corporation, is to assist the House Corporations into the 21st century. Times have changed and best practices have changed with them. We need to better assist our House Corporations provide premier services to their chapters and collegiate members. SAE should be the premier house at every campus, one that garners attention by prospective members, and envy among IFC members. All entities (Collegiate Members, Alumni Associations, Collegiate Chapters) pay some sort of annual dues. House Corporations would now do the same.
Sponsors: Juan Faria (Salem State ‘17)
The Permanent Committee on Fraternity Laws does not recommend adoption.
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PROPOSAL 15
AMEND SECTION 55.A.3
55 Finances It is the policy of the Fraternity that a prompt and faithful observance and enforcement of financial obligation is a test of a member ’s right to retain his membership and of a Chapter Collegiate’s right to retain its charter
A Dues & Fees. Each member and each Chapter Collegiate is responsible for the following dues and fees:
1 Initiation Fee Each newly elected Fraternity member is subject to an Initiation Fee of three hundred and ten dollars, payable no later than ten days after initiation and payable by his Chapter Collegiate, except that the Supreme Council may reduce this fee for non-student initiates, initiates of whom are alumni of a recently chartered local society, or for initiates who are or were members of another college social fraternity.
2. Annual Fraternity Dues. Each member of a Chapter Collegiate is subject to annual Fraternity dues of one hundred and five dollars, payable on the fifteenth day of February and payable by his Chapter Collegiate
3. Health & Safety Fee Allocation Model. Each Chapter Collegiate is subject to such fees and fines as may be incorporated into a Health & Safety Fee based on the following model that shall be itemized and provided to each Chapter with their Health & Safety Fee invoice: allocation model as the Supreme Council may implement
a. Total Liability Insurance Premiums;
b. Less any Liability Insurance Premium rebates, discounts, agency profits, and other credits / reductions;
c Plus Director and Officers (D&O) Insurance / Fidelity Bond Premiums for all Fraternity Entities identified in Sections 8 and 9, c & d;
d. Less any D&O Insurance / Fidelity Bond Premium rebates, discounts, agency profits, and other credits or reductions;
e Plus the cost to replenish the Self-Insurance Reserve (SIR) to restore it to the minimum levels established by the Supreme Council;
f. Plus 20% of sum of items 3a -- d for administrative overhead for Health & Safety and insurance programs;
g The sum of items 3a -- f shall be divided by the total number of members in the Fraternity Service Center database as of October 1st
h. The amount from 3g shall be the Health & Safety Fee for each Collegiate member
i. Each Chapter shall be invoiced and pay their Health & Safety Fee based on the total number of members in the Fraternity Service Center database as of October 1st Payment invoice and due dates shall be determined by the Supreme Council. Health & Safety Fee Implementation.
The intent of this section is not to reduce the total income to the Fraternity, but to provide transparency to the true cost of the Health & Safety Fees As a result, the implementation of the model in this section shall not be implemented until the 2025 biennium, but the line item allocation shall be provided to each Chapter.
Rationale: To provide transparency to Health & Safety Fee allocation model.
Sponsors: John Kelley (Central Florida ‘77)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 16
AMEND 10.A.1 & 10.A.2
10. Fraternity Laws & Ritual.
A. Amendment & Repeal. The Fraternity Laws and Ritual may only be amended or repealed in the following manners:
1. By the Fraternity Convention
a. A two-thirds vote of the Fraternity Convention may amend or repeal the Fraternity Laws or Ritual. Such vote may be taken at a session of the Fraternity Convention or by a direct vote.
b. Any member in good standing with the Fraternity may propose an amendment or repeal to the Fraternity Laws or Ritual for consideration by the Convention by giving notice to the Eminent Supreme Recorder by the 15th day of December that immediately precedes a regular session of the Fraternity Convention. The Eminent Supreme Recorder must publish such notice in the issue of The Phi Alpha for that session of the Fraternity Convention.
2 By Direct Vote
a. The Supreme Council may authorize by a majority vote a Direct Vote of the members of the Convention.
2 By the Supreme Council
a As part of representing the Fraternity Convention in the interval between its sessions, and only upon a finding that doing so is deemed time-sensitive and necessary to preserve and protect the Fraternity, the Supreme Council may amend or repeal the Fraternity Law — but not the Ritual — by two-thirds majority vote between sessions of the Fraternity Convention
b Any such amendment or repeal must be ratified by a two-thirds majority vote of the Fraternity Convention at its next session.
c. Failure of the Fraternity Convention to ratify
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such amendment or repeal at its next session will render such amendment or repeal null and void.
Rationale: With the quick response and low cost of a direct, email vote it is not necessary to continue to extend this power to the Supreme Council that has traditionally been the sole jurisdiction of the Convention.
Sponsors: John Kelley (Central Florida ‘77)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 17
AMEND SECTION 11.A.2
11. Realm-Wide Governance.
A. Decision-Making.
1. Official Action. Unless a higher voting majority is required and except as otherwise provided for in these Fraternity Laws, a majority vote at any meeting of any regularly constituted body of the Fraternity at which a quorum of its members in good standing is present is the act of such body, and only those members of such body who are present, in good standing with the Fraternity and, if applicable, credentialed, may vote or be counted in determining the voting majority of such body.
2. Direct Vote. If authorized by these Fraternity Laws, a specified officer may solicit a Ddirect Vvote of a Fraternity Body to resolve such measures as may benefit from resolution before the Fraternity body’s next meeting or session.
a. Solicitation. Such direct vote may shall be submitted by electronic (e g email) ballot to each member of the Fraternity body eligible to vote as of the date the officer solicited the Ddirect Vvote at the latest address of record at the Fraternity Service Center.
b. Minimum Responses. For a direct vote to be valid, the number of responses received shall be at least the number required to meet the quorum requirements for the Fraternity Body being solicited for the direct vote.
c. Response Deadline. In order to be considered, direct vote ballots must returned per instructions by 11:59:59 central time of tenth calendar day after the transmission of the direct vote solicitation The exact deadline shall be included in the direct vote solicitation.
d. Notice of Ineligibility. Any Collegiate Chapter or Alumni Member eligible for a direct vote, but deemed by the Fraternity as not in good standing or not credentialed, shall be sent an electronic ballot with instructions on how to remedy their ineligibility If the ineligible
voter does not remedy their ineligibility by the Response Deadline, their vote shall not be counted nor shall they be included in the calculation of Minimum Responses
e. Effect of Non-Response. If any member fails to vote within ten days after the date the direct vote is solicited, an affirmative vote will be implied, and the ballot must make clear this stipulation.
Rationale: If something is important enough to be deemed necessary for a vote between Conventions, it should be able to gain the support of eligible voters and get a timely response. Counting a non-response as a yes vote does not result in a true and fair vote of the realm. This amendment follows the language of the existing law that may not be clear. As an example, if 300 men are eligible to receive a Direct Vote ballot, per section 29, E, one-fourth of eligible voters (75) is the convention quorum or “Minimum Responses” per this amendment. Per section 10, A, 1, a, two-thirds “approve” votes (50) are required to pass the direct vote. If the requester cannot get at least 50 yes votes, the matter does not deserve to be approved.
Sponsors: John Kelley (Central Florida ‘77)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 18 AMEND SECTION 44, 44.A
44 Finances. A Province Convention may provide for such dues and assessments as it deems proper The Province Convention may make provision to pay the expenses of its province officers All reimbursement of expenses shall be submitted in writing by the requester and retained by the Province Treasurer.
A. Financial Reporting.
1 If required by applicable law, each Province must prepare or have prepared the appropriate IRS Form 990, as required by IRS regulations at the close of the Province’s fiscal year, and a copy of this form must be sent to the Fraternity Service Center.
2 Within 30 calendar days after the end of the Province fiscal year, a written accounting of all income, expenditures, and balances for Province funds for the past fiscal year shall be prepared by the Province Treasurer and Province Archon or their designees and submitted to the Eminent Supreme Recorder and provided to the Province Council and Chapters in the Province If no fiscal year has been established by the Province, the Fraternity ’s fiscal year end (June 30th) shall be used The Eminent Supreme Recorder shall recommend minimal requirements, methods, and formats for this financial
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reporting
Both the Province Treasurer and Province Archon shall review and attest to the accuracy and appropriateness of their report Failure to submit a financial report as required or if the Fraternity Service Center Staff deems a submitted report require further review the Supreme Council may authorize an independent review of the Province’s financial records and practices. The fair and reasonable cost of this review shall be the responsibility of the Province.
Rationale: While not reported or discussed by Fraternity leadership, at least two recent Province Archons were expelled for stealing or otherwise misusing undergraduate’s money in the form of province funds that were entrusted to them as Province Archons. Less formal efforts to obtain financial reports from Provinces have not yet been successful. As a result, we need to mandate some financial checks and balances to ensure no one ever again misuses or misappropriates our undergraduate’s money. By requiring two members of the Province Council to prepare, review, and submit annual financial reports, we can reasonably believe there is no malfeasance. This amendment does not wish to impose additional costs on the Provinces, but ensuring we are good stewards of our undergraduate’s money is fundamental to trust and sound operations. Transparency in all SAE matters should be expected.
Sponsors: John Kelley (Central Florida ‘77), Joe Richey (Penn State ‘09) and Joseph Costello (Youngstown State ‘03)
The Permanent Committee on Fraternity Laws recommends adoption.
PROPOSAL 19 AMEND SECTION 23
23. Jurisdiction - Each undergraduate fraternity member is under the jurisdiction of the Chapter Collegiate of which he is, or was last, a member, such Chapter Collegiate’s Province Council, and the Supreme Council. Each alumni Fraternity member is under the jurisdiction of the Province Council presiding over the area in which he currently resides, and the Supreme Council
Rationale: Currently, any conduct charges filed against an alumnus of this fraternity are currently handled by the Province in which that alumnus was an undergraduate, even though that individual may not live anywhere near that location any longer. Since tying an alumnus living elsewhere in the Realm to the Province where his undergraduate chapter is located is often outdated and not applicable, we recommend the change above.
(Central Florida ‘77) and Joe Richey (Penn State ‘09)
The Permanent Committee on Fraternity Laws recommends adoption.
PROPOSAL 20 AMEND SECTION 20
20. Member Education.
A. Member Education Program. The preferred course of member education is the Phoenix Member Education Program, a program approved by the Eminent Supreme Recorder or his designee. The Phoenix Member Education Program must be in writing, must be distributed to all members of the Chapters Collegiate, and must be properly implemented during the course of education.
B. Ritual Books Ritual books shall be made available for purchase from the Fraternity Service Center by Chapters, Collegiate Members, and Alumni Members in good standing at a fair and reasonable price. Each Ritual Book shall be indelibly identified / embossed with a book number, return address, and other markings deemed appropriate The Fraternity Service Center shall maintain a database of all Ritual Book purchases that shall include at least the book number, purchase date, purchaser ’s name, and purchaser ’s chapter. Every Chapter or purchaser shall agree that Ritual Books shall not be re-sold by any member, but may be transferred to a Chapter or another member in good standing Such transfers shall be reported to the Fraternity Service Center who shall record the transfer as described above. Each member shall also agree that If not transferred, Ritual Books shall be returned to the Fraternity Service Center upon the member ’s death
Rationale: SAE’s Ritual sets us apart from other organizations. Without our Ritual we are just another club. Our Ritual is a common bond shared only by all living SAEs. For SAE to achieve Ritual excellence and education, the “text book” for our Ritual, The Ritual of Sigma Alpha Epsilon, must be made available to those who pursue and teach Ritual excellence. Those who care for the Ritual of SAE and are willing to pay for a copy of the Ritual Book will secure and care for their Ritual Books and its secrets. Maintaining a database of purchases of our Ritual Books shall help keep the books traceable and secure.
Sponsors: John Kelley (Central Florida ‘77)
The Permanent Committee on Fraternity Laws does not recommend adoption.
Sponsors: Steve Schneider (New Mexico ‘68), John Kelley
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PROPOSAL 21
ADD SECTION 71 UNDER TITLE X
TITLE X: FRATERNITY CODE OF CONDUCT
Fraternity Code of Conduct. The Fraternity Service Center shall administer the Fraternity Code of Conduct, the Fraternity’s recognized standards of behavior and conduct that help maintain an environment that is civil, where property and processes are respected, and conflicts are peacefully resolved. When members or chapters of the Fraternity fail to uphold these standards by engaging in prohibited conduct, the Fraternity Code of Conduct dictates the procedures that are used to uphold the Code. This Code shall apply to all members and chapters. All revisions to the Code require four-fifths approval of the Supreme Council.
Proposed Amendment
Strike all other provisions from the Fraternity Laws pertaining to member or chapter discipline.
Rationale: The current Fraternity Laws related to member and chapter discipline are rooted in judicial processes and procedures, thus putting the fraternity behind its peers by failing to proscribe a disciplinary system that is rooted in best practices in higher education, which encourages the use of a system based on restorative practices rather than punitive measures. The proposed Fraternity Code of Conduct should be a living document administered by the Fraternity Service Center, thus allowing the staff at the Fraternity Service Center to make edits as necessary and without the vote of the Convention. The Supreme Council will act as the gatekeeper for the Fraternity Code of Conduct given the Convention elects and entrusts them with leading the Fraternity. All revisions would require a four-fifths approval of the Supreme Council, thus ensuring the integrity of this Code while giving it the careful review it deserves.
It is suggested that a committee be formed to draft the initial Fraternity Code of Conduct, made up of active members, alumni, those with a background in higher education, particularly in student conduct, and the General Counsel of the Fraternity. Sending the Code out for a brief notice-andcomment period to solicit feedback of members, alumni, and campus partners would be advisable, as well.
Sponsors: Donovan Golich (Ohio State ‘15)
The Permanent Committee on Fraternity Laws does not recommend adoption.
A. Membership. The Chapter Collegiate consists of those Fraternity members as these Fraternity Laws provide.
B. The Executive Council. The Chapter Collegiate shall have an Executive Council, which shall be composed of only the following officers serving individually for a term of one calendar year and in order of authority:
1. Eminent Archon
2 Eminent Deputy Archon
3. Eminent Treasurer
4. Eminent Warden
5 Eminent Recorder
6 Eminent Educator
7. Eminent Recruiter
C. Committee Chairmen. The Chapter Collegiate shall have Committee Chairmen, which shall be composed of at least the following officers serving individually for a term of one calendar year and in no specific order of authority:
1 Alumni Relations Chairman
2 Brotherhood Chairman
3. Communications Chairman
4 House Chairman (if chapter is housed)
5. Philanthropy & Service Chairman
6. Ritual Chairman
7. Scholarship Chairman
8. Social Chairman
D. Qualification. Any member in good standing of a Chapter Collegiate is eligible to hold office in the Chapter Collegiate
E. Election. The Chapter Collegiate shall hold its elections once per year no earlier than the first day of November and no later than the fifteenth day of November Voting shall be conducted in the form of a secret ballot Balloting shall continue until one candidate receives a majority vote
F. Vacancies. Vacancies occurring during the officer ’s regular term must be filled by the Chapter Collegiate.
G. Declaring an Office Vacant. A Chapter Collegiate may, by a two-thirds vote, declare any office vacant when the interests of the Chapter Collegiate demand. Notice of such intended action must be given to all members of the Chapter Collegiate, and the officer must be given a reasonable opportunity to be heard
H. Standing Meetings. The Chapter Collegiate must hold standing meetings as follows:
1. Chapter Meetings. The Chapter Collegiate must hold weekly chapter meetings during the regular academic term
PROPOSAL 22 AMEND SECTION 53
53. The Chapter Collegiate. The essence of the Fraternity is carried out by each Chapter Collegiate chartered by the Fraternity Convention.
2 Officer Meetings. The Executive Council of a Chapter Collegiate must hold weekly officer meetings during the regular academic term.
3. Timing. Meetings must be held on a weekly basis during the regular academic term at a
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time that is mutually agreeable to the Chapter Collegiate.
I. Special Meetings. Special meetings may be called at any time by the Eminent Archon and must be called by him on the written request of five or more members in good standing of the Chapter Collegiate Due notice must be given to all members of the Chapter Collegiate
J. Quorum. At any regular meeting of a Chapter Collegiate, a majority of the members in good standing of the Chapter Collegiate will constitute a quorum. At any special meeting of a Chapter Collegiate, a twothirds majority of the members in good standing of the Chapter Collegiate will constitute a quorum
K Report on Activities
Each Chapter Collegiate must, on dates specified annually by the ESR or his designee and communicated by August 1, render to the Fraternity Service Center, on a form prescribed by the Eminent Supreme Recorder, a report of its current officers and activities for the preceding year.
L. Financial Reporting. If required by applicable law, each Chapter Collegiate must prepare or have prepared the appropriate IRS Form 990, as required by IRS regulations at the close of the Chapter Collegiate’s fiscal year, and a copy of this form must be sent to the Fraternity Service Center.
Rationale: Standardizing Chapter Officer Structure: Across the realm, the officer structure of a Chapter Collegiate wildly varies. While the unique nature of our many chapters can be appreciated, there are numerous challenges that Fraternity Service Center staff members, host institutions, and alumni volunteers have in advising and servicing chapters that lack even the most basic of commonalities: chapter officers. Executive Council: Chapters wildly vary in terms of the composition of their Executive Council, from having only a handful of officers to claiming all their officers being part of the Executive Council. Simply put, this is less than ideal for many reasons: Risk Management: Above all else, the lack of a standardized Executive Council structure is a risk management issue, as it blurs the lines of authority, makes it more difficult for the Fraternity Service Center to provide timely and substantive chapter officer resources and support to chapters, which then creates an educational gap in terms of the level of comfort and knowledge chapter officers have as they engage in their perceived (and not necessarily actual) duties of their position. Resources: It is difficult for the Fraternity Service Center to provide substantive and useful resources to chapter officers when chapter officer structures wildly varies from chapter to chapter. Educational Programs: Executives Academy, the primary SAE educational program for chapter officers, currently offers six chapter officer tracks for officers that have the highest need for quality training and development. Comparison to Peers: When reviewing similarly sized and situated international fraternities, officer mandates are common: Pi Kappa Phi: Requires the Executive Council to be composed of the Archon, Vice Archon, Treasurer, Secretary, Warden, Historian, Chaplain, Philanthropy Chairman, and Risk Management Chairman. Sigma Phi Epsilon: Requires the
Executive Committee to be composed of the President, VP of Programming, VP of Learning Community, VP of Finance, VP of Member Development, VP of Recruitment, VP of Communications, and Chaplain. Calendar-Year Officer Cycle: It is common practice for many fraternities, sororities, and other student organizations on a college campus to have officers serve a term of at least one year beginning at the start of the calendar year. This allows for officer transitions, an incredibly important task to ensure chapter sustainability, to occur during the school year when chapter members are still actively engaged in chapter operations. Likewise, this gives the Fraternity Service Center the ability to focus resources and programmatic efforts around officer transitions during one, uniform time during the school year—resulting in a more efficient, streamlined utilization of fraternity resources. Finally, this likely will result in reduced risk for the fraternity given chapter officers can be trained at a universal time, staff can focus their time and efforts in terms of programming based on this schedule, and expectations will be more clear given every chapter will be expected to follow the same officer cycle. Secret Ballot: Chapter members should be able to elect their leaders without the peer pressure of others, making a requirement to elect via a secret ballot essential to ensure the integrity of the chapter election process. Weekly Chapter & Officer Meetings: Simply put, chapters must engage in some type of meeting on a weekly basis to ensure the smooth operation of the chapter. This has and will always be a proven method to ensure streamlined communication and smooth operations within chapters. That said, this is silent on the method in which the meeting is held so as to allow chapters to hold weekly meetings in a method that is most conducive to their needs.
Sponsors: Donovan Golich (Ohio State ‘15)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 23 AMEND SECTION 13
13. Intellectual Property. All intellectual property rights, including without limitation, the design and representation of the Fraternity’s badge, coat-of-arms, Greek letters, names, brands, symbols, description, photographs, ritual and other text, including unregistered marks which are inherently distinctive in identifying the Fraternity (each and collectively, “Intellectual Property ”), are and shall remain the exclusive property of Sigma Alpha Epsilon Fraternity, or of another entity designated by the Supreme Council to hold Intellectual Property for the benefit of Sigma Alpha Epsilon Fraternity (each an “IP Holding Company ”); except, that, at all times Sigma Alpha Epsilon Fraternity shall retain exclusive control over the usage, text, and contents of its ritual, even if the ritual is owned by an IP Holding Company for the benefit of Sigma Alpha Epsilon Fraternity as aforesaid. The Supreme
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Council may, in its discretion, adopt and amend (or cause any applicable IP Holding Company to adopt and amend) rules, regulations, and policies regarding the use of all such Intellectual Property as well as registered trademarks, including but not limited to the termination or suspension of the right or license by any person to use such property interests.
Rationale: This proposal would provide the necessary flexibility to develop further protections for our Intellectual Property.
Sponsors: Chris Hancock (Indiana State ‘96)
The Permanent Committee on Fraternity Laws recommends adoption.
PROPOSAL 25
CHANGE ALL REFERENCES OF “ALUMNI ASSOCIATION” TO “ALUMNI CHAPTER”
Rationale: Eligibility of membership in our organization needs to become nimbler and more open to those other than college students to respond to the changing demographics of the U.S. educational system. Making this simple change to our Fraternity Laws will allow conformity to the Ritual on who can elect candidates for membership.
Sponsors: Richard Shanahan (Fort Hays State ’03)
The Permanent Committee on Fraternity Laws does not recommend adoption.
PROPOSAL 24 AMEND SECTION 24
24. Summary Actions.
A. For a Flagrant Offense. Whenever a Fraternity member commits a flagrant offense, the Supreme Council, the Eminent Supreme Recorder, his Chapter Advisor or his Province Council may summarily expel, suspend, fine, reprimand, or place on probation that member or some combination of these
B For an Offense Whenever a member commits an offense, the Eminent Supreme Recorder, the Province Archon, or, with the consent of the Province Archon, either the chapter advisor or chapter advisory board may summarily suspend, reprimand, or place on probation that member or some combination of these.
Rationale: Under the Fraternity Laws the right to discipline individual Fraternity Members is limited to the Fraternity’s volunteer officers and undergraduate members. The Eminent Supreme Recorder, Chapter Advisor and Chapter advisory board also require the ability to utilize Summary Actions for the prompt protection of the Fraternity.
Sponsors: Chris Hancock (Indiana State ’96)
The Permanent Committee on Fraternity Laws does not recommend adoption.
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