Article 4: Disciplinary Action

Section 1: Judicial Procedure

Each member of this Association shall have the right of fair treatment and due process in the application of the rules provided for in this Constitution and By – Laws.

Unless otherwise provided in this Constitution and By – Laws, all fines, suspensions, and other disciplinary action against members of the Association shall proceed in accordance with the following procedure.

Any active member of the Association in good standing may file charges against any Association member with the Executive Board. Said charges shall be filed in writing, signed by the person making the charge, and filed in duplicate with the Secretary of the Association.

The Secretary shall serve a member against whom charges are filed personally or by mail with a written copy of the charges which shall specify in detail the nature of the offence charged. Thereupon a hearing shall be held at a meeting called by the President for the purpose of considering disciplinary action. The hearing shall not be scheduled less than ten (10) days from the date the charges served upon the accused. The member shall be afforded a full and fair hearing presided over by at least three (3) members of the Executive Board and shall have the right to present evidence and produce witnesses on his or her behalf. He shall also have the right to be represented by an active member of the Association in the presentation of his defense. A majority vote of the Executive Board present at the hearing is required for the fining, suspension, or expelling a member or the taking of any other disciplinary action.

Section 2: Charges

The basis of charges against members shall consist of, but not limited to the following:

• Violation of any specific provisions of this Constitution and BY – Laws or failure to perform any other duties specified hereunder.
• Committing an act of fraud, embezzlement, larceny, or misappropriation of any funds or property belonging to the Association.
• Abuse to fellow members.
• Disloyalty to the Association or engaging in conduct detrimental to the best interest of the Association.
• Any activity which assist or is engaging in conduct detrimental to the best interest of the Association.

Section 3: Exhaustion of Remedies

Every member against whom charges have been filed and disciplinary action taken as a result thereof, or against whom adverse rulings or decisions have been rendered, or who claims to be aggrieved in any other manner by any action of the Association, shall be obligated to exhaust all remedies provided for in this Constitution and By – Laws before resorting to any court of law or equity, or any tribunal or administrative agency, for the purpose of taking any action against the Association or any officer thereof.