View source for PD-BOD-1003

'''PD-BOD-1003 Disciplinary Committee''' was issued 19 August 2023 by the [[Board of Directors]].  <br>This Policy Document authorizes the creation of a Disciplinary Committee for {{trmn}} (TRMN). 

==PD-BOD-1003==
'''1.''' Per the Bylaws, the Disciplinary Committee shall be Chaired by a Director appointed by the President of the Board and shall consist of the Chief Legal Officer, ex officio, and a rotation of even-numbered members appointed by the Chair of the Committee per the Disciplinary Committee Policy.. The duties of this Committee are to review and adjudicate all disciplinary matters involving members of the organization and other matters as directed by the Board of Directors.

'''2.''' The chair shall lead the committee in performing its duties and responsibilities, including presiding at all meetings of the committee, and shall perform all other duties incident to the office or properly required by the Board of Directors

'''3.''' Manner of Acting:
*a. Quorum. A majority of the committee members in office immediately before a meeting shall constitute a quorum for the transaction of business at that meeting. No business shall be considered by the committee at any meeting at which a quorum is not present.
*b. Majority Vote. Except as otherwise required, the act of the majority of the committee members present at a meeting at which a quorum is present shall be the act of the committee.
*c. Participation. Except as required otherwise, the committee may participate in a regular or special meeting of the committee through the use of any means of communication by which all committee members participating may simultaneously hear each other during the meeting, including in person, internet video meeting, or by telephonic conference call.
*d. Informal Action. Any action required or permitted to be taken by the Disciplinary Committee at a meeting may be taken without a meeting if consent in writing, setting forth the action so taken, shall be agreed by the consensus of a quorum. For the purposes of this section an email transmission from an email address on record constitutes a valid writing.
*e. Schedule. The committee shall meet on an as-needed basis.
*f. Notification of Meeting: The chair shall communicate the time and date of the meeting in accordance with all requirements of Delaware law.

'''4.''' This Committee shall ensure the confidentiality and privacy of the individuals involved in the disciplinary matters at all times, but especially throughout the investigation process. Any violation risks immediate removal from the organization.

'''5.''' The duties of the Disciplinary Committee are:
*a. Shall create, maintain, and publish policy documents that detail how the functions of this committee shall operate; including receiving and documenting member reports, ensuring confidentiality, and initiating investigations.
*b. Shall not create any policy that violates federal or Delaware State law, the bylaws, policies, or board motions of this organization.
*c. Shall collaborate with the Board and other relevant stakeholders to periodically review and update disciplinary policies and procedures, incorporating best practices and addressing emerging issues as needed.
*d. Shall receive and review all matters referred by the Board or reported by other members, assessing their nature and potential violations.
*e. Shall see that all matters are thoroughly investigated by all matters received, gathering relevant evidence, witness statements, and other pertinent information.
*f. Shall see that all matters are thoroughly investigated by due process, and natural justice, affording all parties involved a fair opportunity to present their cases and be heard.
*g. Shall make sure all investigations are conducted in accordance with the principles of fairness, due process, and natural justice, affording all parties involved a fair opportunity to present their cases and be heard.
*h. Shall approve all written reports documenting the committee's findings; including the rationale and supporting evidence, as well as the recommended actions or sanctions to be considered and see that they have been distributed to the appropriate stakeholders.
*i. All reports shall be sent to the relevant parties in a timely manner, providing clear and concise summaries of the cases and any necessary supporting documentation.
*j. Shall submit a report of all activities since the last report to the Board of Directors for their review and discussion no later than one week before their next regularly scheduled meeting.
*k. Shall assist the Board in the adjudication process by providing relevant information, attending board meetings as necessary, and offering guidance on matters within the committee's investigative purview.
*l. Shall designate one of its members to act a secretary to:
**i. Record the minutes of their meetings and transmit a copy to the Board of Directors Secretary.
**ii. Prepare and transmit all reports.
**iii. To handle all communications for the committee.
*m. Shall work with the Office of the Lord Chancellor to promote awareness and understanding of disciplinary processes and expectations within the organization through training programs, workshops, or educational materials.

'''6.''' The Chair, in consultation with the Board of Directors, shall appoint at least four organizational members to the committee in the following manner:
*a. Each committee will serve for a period of 6 months.
*b. At the end of the term all members except the Chair and CLO will be reseated.
*c. Members will be drawn at random from a pool of volunteers.
*d. The Office of the Lord Chancellor will solicit volunteers for the committee pool and maintain the list of names for use.
*e. All volunteers will have their membership reviewed and will be removed from the volunteer pool if:
**i. Have a history of discipline issues.
**ii. Was removed from a leadership position (including, but not limited to: chapter command, Space Lord, or Service Head) for any reason.
**iii. Currently involved in any disciplinary actions.
**iv. As a result of a previous disciplinary action, having been barred from holding any or all positions of leadership within the Organization.
*f. Once a member has served a term on the committee, their name will be withheld from the pool for 6 months, in which time their name will be returned to the pool.
*g. Any member who refuses to serve when drawn 3 times will be permanently removed from the pool.
*h. No member may serve on the committee if they are involved in any way with a complaint before the committee. These members will be excused from service and their name returned to the pool once the complaint has been resolved and a new name will be drawn.

'''7.''' TRMN is desirous of maintaining positive relationships with and between its members. To that end, when possible the committee shall seek to find creative and situation-specific solutions that will allow for improved understanding and relationship-building within the organization.

'''8.''' To aid the Board of Directors, this committee shall be empowered to execute its own disciplinary decisions as long as they do not involve the following:
*a. Outside legal action.
*b. Membership status.
*c. Criminality that has a direct impact on the membership.
*d. Involving a Member of the Executive Committee, Steering Committee or Board of Directors.
*e. Any decision the Board of Directors may wish to oversee.

'''9.''' This committee may work with any Corporate Executives and/or Divisional Vice-Presidents in the execution of their decisions.

'''10.''' All actions of the committee need to be accomplished within a timely manner. If circumstances do not allow for timely action then the Board of Directors and all other parties should be notified of the delay and the reason(s) for it.

'''11.''' All decisions made and executed by this committee may be appealed to the Board of Directors, within 14 days of publication of decision, for review and final decision.

'''12.''' Complaint process:
*a. Complaint is filed with the Office of the Lord Chancellor
*b. Chief Legal Officer shall present all complaints to the committee for consideration within 30 days and will decide to:
**i. Approve in full or part for immediate action
**ii. Reject with cause.
**iii. Reject without cause, but allow for resubmission with additional information.
*c. If approved, the Chief Legal Office shall lead an investigation by the Office of the Lord Chancellor.
*d. Once the investigation is complete, the Chief Legal Officer shall present his findings and recommendations to the committee. The committee shall debate and vote on the following:
**i. Accept the recommendations in full or part.
**ii. Reject
*e. If the decision is of such level, see point #8, the Chief Legal Officer will present the findings and approved recommendations to the Board of Directors who will:
**i. Accept recommendations in full or part.
**ii. Reject
*f. The Chief Legal Officer shall inform all parties of the final decision and begin execution of the approved recommendations in fourteen days unless appealed

[[Category: Governing Documents]]
[[Category: 2023]]
[[Category: Policy]]