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This is the USCA policy on those procedures USCA houses and apartments shall follow when hearing any grievances that may lead to terminating any member from the USCA. Either the USCA President or the member’s house may terminate membership. If your house is considering this, please inform the USCA President, General Manager and Member Advocate. There is also a policy on terminating membership at the central level. As stated in the USCA Bylaws, the President may terminate someone’s membership only for: 1) Posing an immediate danger to the safety of other members of the house, with the agreement of the USCA General Manager and a House Manager or House President of the member’s house; 2) Failure to pay bills; 3) Failure to meet the qualifications for membership under the Administrative Code (AdCode), upon the recommendation of the Administrative Committee (AdCom); and 4) Conduct in violation of the AdCode when AdCom has decided that the house has not adequately enforced it, upon the recommendation of AdCom. Also, when the Cabinet of the Board of Directors believes it is in the best interest of the USCA to terminate a member, they may refer the proceeding directly to the Administrative Committee. House Level Grievance Procedure The purpose of this procedure shall be to allow houses and apartments to discuss problems with a particular member, resolve any matters of fact and determine a fair and appropriate course of action. The Board of Directors shall consider that houses have followed a fair procedure when they adhere to this policy but always reserves the right to overturn a house decision. Throughout this policy and unless otherwise indicated the reader shall interpret all majority votes as meaning majority votes of those house members present and voting during a house meeting at which there is quorum. All house members attending may vote unless, in the chair’s opinion, she leaves the meeting for a significant amount of time. The reader shall also interpret feminine pronouns to include the masculine. The term ’house’ shall be defined throughout this policy as being the members of any unit of the USCA. Finally the House President shall also have the same powers as the House Manager unless the policy indicates otherwise. Quorum for all meetings described here shall consist of not less than twenty-five members in houses with at least 95 members, fifteen members in houses with at least 50 but not more than 94 members, and ten members in houses with less than 50 members. Termination of membership applies to the entire USCA, not only to the member’s house, and is considered to be a last resort. Accordingly, members having problems with another member should first seek other remedies. Members may seek the assistance of a Conflict Mediator, House Manager or the Member Services Manager. Grounds for termination shall include failure of the member to meet any of the qualifications or obligations in the USCA Contract, Articles of Incorporation, Bylaws or AdCode, or the Constitution, Bylaws or policies of her house. STEP ONE: The House Manager may request that the members with grievances and the member in question meet with a conflict mediator to attempt to resolve their problems. If either party refuses mediation or informs the House Manager that they were unable to resolve their problems, the grievance procedure shall continue. STEP TWO: The House Manager may call a meeting to discuss grievances without a petition but shall also call one if ten percent of the members or four members, whichever is greater, sign a letter to her stating that they are having problems with the member in question and that they would like a house meeting to discuss these problems. STEP THREE: The House Manager shall then write a letter to the member in question informing her that other members have requested that the house discuss their complaints in an open house meeting. The General Manager shall help them write this letter if they request assistance. It shall include the date and time of the meeting, a complete list of any written complaints, any house action which the members with grievances have requested and notice that if the member cannot attend the meeting she shall reschedule it with the House Manager for up to one week later. The House Manager shall attach a copy of this policy to the letter and shall also post the letter prominently throughout the house. The House Manager shall deliver this letter to the member in question at least seven days prior to the meeting. She shall make all reasonable attempts to deliver it in person but may post it on her door or in her room to ensure that she receives it. The member in question may waive the seven-day notice period. The House Manager shall also inform the USCA President and General Manager of the proceedings. The USCA President may appoint someone to attend the meeting who can answer questions about USCA policies and procedures. She shall also appoint someone to take minutes during the meeting. The minutes shall indicate what was said and the motions passed or actions taken during the meeting. They shall be confidential but shall be available to the member in question, the current House Manager, the USCA President and the General Manager. Minutes shall also be available to the Board of Directors if there is an appeal and to AdCom if the house refers the matter there. The member in question may request that the chair record the meeting. Copies of the tapes shall be available only to those who have access to the minutes. STEP FOUR: Prior to the meeting the members with grievances and the member in question shall agree upon an impartial chair who may be a Conflict Mediator, USCA Executive, member of the Board of Directors, the Member Affairs Manager, House Manager or an unbiased house official. It is strongly recommended that the chair not be a member of the house. If they cannot agree upon a chair the USCA President and General Manager shall appoint one. The member in question, the members with grievances and the chair shall establish the general procedures for the meeting. It is recommended that the house use Roberts’ Rules of Order. There shall be a procedure to overrule the chair, and the chair shall retain the flexibility to extend time limits during the meeting if necessary. If they cannot agree upon procedures the chair shall establish them. The member in question and the members with grievances may appoint anyone to represent them at any time. If this person is not a member, she may speak and make motions during any meeting. The Member Advocate shall give first consideration to representing the member in question and may not represent more than one party. It shall be the member’s responsibility to contact the Member Advocate. STEP FIVE: On the set date there shall be a meeting open to all house members and other individuals requested by those directly involved. At the beginning of the meeting the chair shall ask the member in question if she received the letter described in Step Three. If she did not the chair shall give her a copy. The house shall then discuss all relevant complaints. Anyone at the meeting may ask anyone else present for relevant information. Members with grievances shall substantiate them with specific examples or evidence if appropriate. If anyone is uncomfortable with discussing a complaint or presenting evidence in the presence of the member in question she shall present this information to the chair before the meeting, and the chair shall ensure that the item is discussed. Evidence may be witness’ statements and other relevant information. The member in question shall have a full and timely opportunity to respond to any complaint or accusation and may also question and request statements from any other individuals to do so. The chair shall allow closing remarks and the member in question or her representative shall speak last. At this meeting the house may take action only on one or more of the four options below. The procedure shall end at the end of this step if the house takes either of the first two options. The house may: 1) Refer the matter to AdCom by majority vote; 2) Drop the matter by two-thirds vote; 3) Clarify and direct house management by majority vote to enforce both house level and USCA policies; and 4) Take any other action by majority vote and with the agreement of the member in question. If this involves the member’s transfer to another house, AdCom shall consider the transfer. Before adjourning the chair shall schedule another meeting at least one week and no more than two weeks later unless the house schedules a later meeting by majority vote and with the agreement of the member in question. As in Step Three the House Manager shall write a letter to the member in question. In addition to the items in the first letter this one shall include a summary of the outcome of the meeting, a list of the various policy provisions of which she may be in violation and a summary of the procedures the house shall follow in the future. The House Manager shall also deliver the letter the same way but at least five days prior to the scheduled meeting. The member in question must receive this letter. The House Manager shall distribute the letter and the USCA President shall perform the same functions as in Step Three. The member in question may postpone the scheduled meeting up to one week for any reason. Then if the she demonstrates her inability to attend the meeting due to emergency conditions, the House Manager shall postpone it as needed. STEP SIX: If possible, the same person shall chair the second open meeting. She shall read each item on the list of complaints with the policy provisions of which the member in question is believed to be in violation, allow time to discuss each issue and allow the member in question to respond to each complaint. The house may take one or more of the six possible options after discussing all of the items. The chair shall remind the house that a vote to terminate membership shall be a vote on the truth of the complaints. In addition to options one through four the house may: 5) Give the member in question a conditional contract by two-thirds vote of all house members present; and 6) Specify the grounds for termination by two-thirds vote, and then terminate the person’s USCA membership in bad standing by two-thirds vote of all house members present. If the house takes none of the six options the chair shall declare that the matter is dropped pending appeal. The house shall not reconsider terminating the member in question under the same set of complaints. WORKSHIFT TERMINATION: If a member owes more workshift hours than allowed by written house policy or the Administrative Code (Section IV.A.1.e.), the Workshift Manager must give written notice of possible contract termination due to excessive workshift hours owed. The member will be allowed at least one week to remedy the situation before a house level termination is considered. At the first meeting of a workshift termination the house may consider any of the six options listed in steps 5 and 6. The Workshift Manager shall follow steps 1 through 6 in conjunction with the House Manager when this section of the Termination Policy is being used. STEP SEVEN: To appeal the decision to the Board of Directors ten percent of the members or four members, whichever is greater, or the member in question shall give written notice to the USCA President within five working days of the decision |