Rule 5.7 Procedures For Special Violations
The following procedures apply to allegations of a “special violation”:
- If a special violation is alleged, the President shall review the allegations and determine whether, if true, the conduct alleged would constitute a special violation.
- If the conduct, as alleged, would constitute a special violation, the President shall make any investigation which he or she deems appropriate to corroborate the allegations or determine they are without merit.
- If the President makes a preliminary determination that the allegations have merit, he or she, or a chosen representative, shall contact the alleged rule violator, advise him or her of the alleged special violation, and ask for a response. The alleged violator shall be given a reasonable time to make a response.
- Upon receiving a response, the President shall take such further action as he or she deems necessary to investigate the allegations.
- If, after investigation, the President concludes that a special violation has been committed, he or she shall advise the Board of that conclusion and the Board shall conduct a hearing on the matter.
- The procedures for the hearing shall be determined by the Board prior to the hearing and shall be disclosed to the alleged violator. At a minimum, the person accused of committing the special violation shall be allowed to appear before the Board and present a defense. If the person denies that the alleged conduct took place, he or she shall have an opportunity to question any witness to the alleged violation. The Vice President or next senior officer present shall preside at the hearing.
- At the conclusion of the hearing, the Board shall vote on whether a special violation was committed. The President shall not vote on this issue unless there is a tie vote of the remaining Directors.
- If the Board concludes that a special violation was committed, it shall also determine an appropriate sanction. Sanctions available to the Board range from a written warning to permanent expulsion from CHJA. The decision of the Board is final.