[19445] in APO-L
Re: Automatic revocation proceedings for felony convictio ns
daemon@ATHENA.MIT.EDU (bernard.derboven@PS.GE.COM)
Thu Oct 22 17:33:55 1998
Date: Thu, 22 Oct 1998 14:46:03 -0400
Reply-To: bernard.derboven@PS.GE.COM
From: bernard.derboven@PS.GE.COM
To: APO-L@LISTSERV.IUPUI.EDU
I have a problem with needing a conviction in order to expel a member. What
if you have a Brother who embezzles a few thousand (a felony at that amount)
from the Chapter and you have enough evidence to convict, but the local
police department is low on manpower and can't spend time investigating
white collar crime because it's not a priority? I think someone who commits
such a crime should be bounced from the Fraternity. But if this amendment
passes, you couldn't do squat without cooperation from the police and
courts. White-collar crime, particularly when it occurs on a college
campus, isn't a big priority for local law enforcement. Not when they have
drugs, donuts, and violent crime to worry about.
Bernard Derboven
Epsilon Zeta Chapter
>REV,
>
>Interesting proposals. Also interesting that a felony conviction
would be
>a prerequisite for membership revocation, but only convictions
related to
>hazing incidents would require revocation proceedings.
>
>I know I'm nit picking, but what happens if someone is convicted
for hazing
>30 days before convention? Or 7 days? Currently, anything
proposed under
>Article XIII Section 2 and not received at the National Office 90
days
>prior to convention and distributed to the chapters 80 days prior
is
>considered out of order. Do we have a case where an item is
required to be
>presented but is automatically out of order?
>
>And what reference committee would you recommend the proposal for
>membership revocation be referred to (in accordance to Article XIII
Section
>2)?
>
>LFS,
>--Michael
>
> >1. AMEND: Article 3 Section 2(11) to read, following "...and may
> recommend to
> >that convention that such member be expelled.":
> >
> >"A felony conviction in a court of law is required for a Convention vote
> to
> >expel such member."
> >
> >RATIONALE:
> > -Avoids expulsion for political or other misguided reasons. APO
> is
> > not a political organization.
> > -A felony conviction is proof of wrongdoing. The Fraternity may
> > thereafter still choose what action to take regarding a vote.
> > -Innocent until proven guilty. Basic US Constitutional right
> applies.
> >
> >2. AMEND: Article 3 Section 2(11) to read, immediately preceding "The
> >suspension of such member shall terminate...":
> >
> >"A Convention vote regarding membership expulsion shall automatically be
> held
> >at the next National Convention following the felony conviction of a
> member
> >in connection with any hazing incident in the Fraternity."
> >
> >RATIONALE:
> > -Further underscores zero tolerance for hazing.
> > -Clear message for grave consequences for hazing.
> > -"Felony conviction" still allows for due process.
> >
> >3. AMEND: Article 3 Section 2(11) to read, at the end of the existing
> >section:
> >
> >"A rationale and any supporting documentation regarding membership
> expulsion
> >shall be sent to the chapters at least 80 days before the first
> legislative
> >session of the next National Convention, in accordance with Article 13
> >Section 2."
> >
> >RATIONALE:
> > -Allows for discussion on chapter level and vote.
> > -Allows all actives to learn about what behavior is inappropriate
> > and why.
>