An email I received

[Shane Foley]

In an effort to further a productive discussion regarding the topic of chapter due process, I have copied some information from the annotated copy of the Constitution and Statutory Code (http://www.fraternitymanuals.com/ind...a/Constitution). The first part is the section on declaring a chapter inactive. Everything else are the comments from the Grand High Pi regarding that section. Increasing chapter due process would start with a revision of this section. Any recommendations?

Sec. 6. Declaring a Chapter Inactive. The Grand High Zeta may declare a Chapter to be inactive where local conditions are such as to render the continuance of the Chapter questionable or impossible for a period of time, but where there is the intention of re-establishing operations when such unfavorable conditions are removed or are improved sufficiently to justify reactivation of the Chapter.

COMMENTS FROM THE GRAND HIGH PI:

Article XI, Sec. 6:The lack of guidance with regard to the effects of Chapter discipline, has led to a lack of understanding as to the ramifications of certain behavior and the potentially inconsistent enforcement of our Laws. Nevertheless, the 2006 General Assembly declined to adopt an amendment to delete Code XI-1 and to add the following:
Code XI-5. Effects of Declaring a Chapter Inactive. A Chapter declared inactive shall be denied (i) recognition in publications, (ii) receipt of confidential publications, (iii) voice or vote in the General Assembly, (iv) the right to purchase jewelry, (v) the right to associate new members, (vi) the right to initiate new members, (vii) the right to participate in social affairs, and (viii) the right to participate in interfraternity affairs. All Active Members of such Unit shall continue to have all of the rights and privileges of Members of the Fraternity, but shall be considered Inactive Members until they cease to be undergraduates, at which time they shall be considered Alumni Members. All Associate Members of such Unit shall cease to be Members of the Fraternity, unless, at the discretion of the Grand High Zeta, they shall be initiated into the defunct Zeta by the Members of another Zeta, immediately after which they shall be deemed to be Inactive Members of the defunct Zeta. A Chapter declared inactive may be restored to active status by action of the General Assembly or the Grand High Zeta.[/font]

Article XI, Sec. 6: But see Section 3, above. The Grand High Zeta can declare a Chapter inactive without the notice and investigation required under Section 3. This power appears to be plenary, where local conditions require.

Article XI, Sec. 6: In September 2003, the Grand High Zeta voted to declare a Chapter inactive. Subsequently, a group of alumni contacted the Headquarters and asked for a reconsideration. The Grand High Pi noted that neither the Constitution nor the Statutory Code provides for an appeal or a reconsideration of an order of the Grand High Zeta, beyond the provision in Article XIII, Section 3 of the Constitution that "Orders of the Grand High Zeta may be revoked by a majority vote of the General Assembly."

By the language of Article XI, Section 6, inactive status is imposed where there is an intention of re-establishing operations at a later date. For procedural purposes this could happen a year, a month, or even a day after the entry of the original order. It is not a matter of reconsideration - it is a matter of finding changed circumstances.

The petitioning group were told that their burden of proof is not to convince the Grand High Zeta that the previous order should not have been entered in the first place, but to convince the Board (and Staff) that the unfavorable conditions that existed at that time have been removed or have improved sufficiently to justify reactivation.

Article XI, Sec. 6: There are no provisions describing the effects of declaring a Chapter inactive. Since this status is provided for in a section of the Constitution wholly separate from the sections on probation, suspension or revocation of a charter, it must be assumed that the effects of the declaration are different. It certainly is more severe than suspension but less severe than revocation.

Article XI, Sec. 6: There are no provisions for an appeal of an order declaring a Chapter to be inactive, short of bringing it up in a General Assembly as an effort to revoke an order of the Grand High Zeta under Article XIII, Section 3.