Amend
Article IX Sections 5-7 by deleting the current language and
replacing it with the following Sections 5-8 (NB: current Section 7 is turning into Section 8 and current language that permits continuing a hearing after someone's resignation from AML would be deleted; the current text after "jurisdiction" would be deleted and replaced with the text that appears below in Section 8 after "jurisdiction"):
(5)
A member may be suspended from specific activities, offices,
positions or functions, for a specified time, or suspended from
membership for a specified time, or expelled from membership, for
acts inimical to the society. No member shall be suspended or
expelled from American Mensa, Ltd. except following a fair and
impartial hearing by the Hearings Committee at which hearing the
member shall have the right to present his/her case. A decision by
the Hearings Committee to impose sanctions upon a member of American
Mensa, Ltd., shall require the concurrence of the American Mensa
Committee.
(a)
The Hearings Committee shall comprise three members of American
Mensa, Ltd. who meet the following criteria:
i)
they have indicated their willingness to serve on such hearings
committees via the Personal Data Questionnaire or other similar
mechanism available to the full membership,
ii)
they are not members of the same Local Group as the accused or
accuser(s) (the parties), nor family members of any of these parties
in question, and
iii)
they are not members of the American Mensa Committee.
(b)
The following procedure will be undertaken to determine the
composition of the Hearings Committee:
i)
Within two weeks of the Advocate filing charges, or one or more
members filing charges of act inimical, with the Chairman of the
American Mensa Committee and sending a copy of those charges to the
accused member(s), the Chairman will direct the National Office to
generate a randomized list of members who meet the criteria laid out
in (5)(a).
ii)
Within two weeks after the National Office has been duly notified,
the first fifty (50) members on that list will be contacted by the
National Office to see if they are still willing to serve on a
hearing committee and ask if they feel they need to recuse themselves
from the upcoming hearing, providing only the name and cities of the
parties in question to assist in their determination. If there are
fewer than thirty (30) members from this list who remain eligible for
the committee within two weeks after such contact from the National
Office, additional members who meet the criteria laid out in (5)(a)
will be contacted until there is a list of at least thirty (30)
qualifying members.
iii)
The list of qualifying members and their cities will be sent to the
parties and the Chairman of the American Mensa Committee. The parties
will have two weeks to then send to the Chairman of the American
Mensa Committee and the other parties in question any objections they
may have related to one or more individuals on the qualifying list of
possible Hearings Committee members. The Chairman of the American
Mensa Committee will then send a reduced list of qualifying members
to the National Office and each of the parties in question.
iv)
From this remaining list of qualifying members, the National Office
will randomize them and send this list out to the Chairman of the
American Mensa Committee, the parties in question, and each of the
members on this list of qualifying members. The first three members
on this list will make up the Hearings Committee, with the additional
remaining qualifying members, in order, being alternates should a
seated member of the Hearings Committee be unavailable or need to
step down.
v)
Within two weeks of the members of the Hearings Committee being
determined, the Hearings Committee will select its chairman in a
manner of its own choosing from among its number. The Hearings
Committee Chairman will notify the Chairman of the American Mensa
Committee and the parties in question about their selection as the
chairman. Hereafter, all communications with the Hearings Committee
for a particular hearing will go through the Hearings Committee
Chairman.
c)
Within two weeks of the parties in question being notified of who the
Hearings Committee Chairman is, the complainant(s) need to send the
full complaint to the Hearings Committee Chairman who will
disseminate it to the other members of the committee. Within
60 days from receipt of the complaint, the Hearings Committee shall
decide if the alleged acts inimical to the society warrant having a
hearing, and establish the date and time of the hearing if so
warranted. There shall be a minimum of 30 days and a maximum of 120
days between the receipt of the notification for a hearing and the
date of the hearing.
(d)
Summary reports of Hearing Committee actions shall be available to
the membership.
(6)
A member whose recurring conduct has been demonstrably harmful to a
local group or to individual members, to the extent that it may be
considered inimical to the society, may also be suspended from office
in that group, or barred from its functions, or suspended from the
group itself by the American Mensa Committee upon recommendation of a
Regional Hearings Committee. Such recommendations shall be made only
after the member has been given a fair and impartial hearing.
(a)
If good-faith efforts to end the harmful conduct have failed,
officers and/or members of the local group may request their Regional
Vice-Chairman to convene a Regional Hearings Committee to consider
charges against the member. The request shall be in writing, shall
describe fully the conduct deemed harmful, and shall be signed by
officers and/or members of the local group numbering no less than
150% of the number of elective officers of the local group.
(b)
The Regional Vice-Chairman shall then initiate a process identical to
that laid out in (5), above, with the following differences:
i)
Members to be chosen for the Regional Hearings Committee must be
members from the same region(s) as the parties but may not be members
of the same Local Group as any of the parties in question.
ii)
Initial communications will be through the Regional Vice-Chairman
instead of the Chairman of the American Mensa Committee.
iii)
Once the composition of the Regional Hearings Committee has been
determined and if a determination that a hearing is warranted has
been made, the chairman of the Regional Hearings Committee will
notify the parties in question, the Regional Vice-Chairman, and the
Local Secretary of the Local Group(s) of the accused member(s) of the
date and location of the upcoming hearing.
(c)
A member's violation of sanctions imposed by the American Mensa
Committee following a regional hearing shall constitute an act
inimical to Mensa for which further sanctions may be imposed by the
national Hearings Committee.
(7)
The accused member or the complainant may file a written protest with
the National Ombudsman if
either feels that a
regional or national Hearings Committee
hearing was conducted unfairly or with prejudice. The National
Ombudsman shall investigate the protest and report to the American
Mensa Committee,
and send a copy of his report to the parties to the hearing.
(8)
If
national or regional charges have been filed against a member in
accordance with section (5)
or
(6) of this Article, and the member actively resigns or does not
renew membership before the hearings process is
completed, the body having jurisdiction at that point in time may complete the hearings process if it feels such action is appropriate, according the accused the same due process as if the resignation or non-renewal had not occurred. If the body chooses not to continue the hearings process upon the accused's resignation or failure to renew, and the accused rejoins, the accused shall face the same charges and hearings. shall
cease consideration of the charges, with the option to reinstate the
charges if/when the member rejoins.