Minerva's Mistake: The True Gentleman Experience

[SAEalumnus]

It's been my observation that there are entirely too many people who join GLOs with the primary objective in mind of trying to get drunk and/or laid as often as possible -- which, if they had any game, they should be able to accomplish on their own to begin with -- and it is these people who tend to make extraordinarily stupid decisions, even by college student standards. It is these people who are responsible for hazing incidents, deaths, lawsuits, increased premiums, and the sort of bad press that's hard to explain away. Every bit of that behavior entirely contradicts the traditional social standards and original objectives of our Founders. People like that need to grow up; they don't even belong in college, nevermind in a GLO that but for them would have an unsullied reputation. Every last one of them should be summarily expelled. If you want to talk about earning your letters, or earning the title of 'Brother,' you need to start with mutual respect.

Graduating from college in four years is well on its way to passing into the world of myths and legends, especially in California's woefully underfunded public universities. Even so, we have a limited amount of time during which any given member will remain active before he graduates. While he will remain an SAE for the rest of his life and hopefully actively involved as an alumnus, he will no longer be concerned with the holding of office and day-to-day management of his chapter. It then falls to the newest bunch of members to run the chapter, and they need to know how to do so correctly. It is also worthwhile for them to have an appreciation for the history and traditions of the organization they're joining. This doesn't actually require a pledgeship for this to be accomplished, but it needs to happen one way or another.

In the case where a university specifies a particular recruitment week and official 'bid day,' or using whatever similar terms, the bid day is when the clock starts in this new membership program. From the moment a bid is accepted, we will now have 96 hours within which the candidate must register for an online account, complete online training, and be initiated, "or else." Prospective new members, or at least those who are actually making an informed decision, will be checking out multiple fraternities during the course of a typically one-week recruitment period, meaning they may only attend a few of our fraternity's events.

Considering the sacredness of the relationship they would be assuming upon initiation, a chapter could not in good conscience extend a bid to a person they've met only a handful of times. This offers a chapter no choice but to require a prospect to spend adequate time during the previous academic term(s) in order for both parties to make an informed decision as to mutual fit -- we still have freedom of mutual association, last I checked. Consequently, any bid to be extended would have already been determined before the recruitment week ever begins, making the whole recruitment week moot. If someone is not a good fit, a bid isn't extended (or until recently, a pledgeship may be withdrawn), which gives the prospect the freedom to explore other options. Under this new plan, if a chapter were to bid someone they've only met a few times during one recruitment week, and by doing so be forced by this new plan to initiate them within four days, any subsequent discovery of a bad fit would require either the member to resign, or for the chapter to expel him. In either case, he no longer has the option of looking elsewhere for a better fit.

There are simply too many problems with this new program, largely because it was not given the benefit of peer review or discussion by the membership at large. This program has some radical new ideas in it, some of which may well be worth exploring, but the inescapable truth is that the Supreme Council lacks the authority to implement it this way; the undergraduates have the right to vote on this as guaranteed by our Fraternity Laws. Sigma Alpha Epsilon Fraternity belongs to the undergrads, not to the Supreme Council. That the Supreme Council has illegally forced this upon the chapters will likely cost them most of the support they might otherwise have gotten. It may ultimately cost them their jobs.

I offer for the benefit of our confused undergraduate Brothers the following summary:


Who is in charge here, anyway?


Sections 6 and 9A of the Fraternity Laws state:
6. Governing Bodies. The government of the Fraternity is vested in the following bodies, ranked in the order named:
A. Fraternity Convention
B. Supreme Council
C. Province Conventions
D. Chapters Collegiate
E. Alumni Associations.

9. Authority.
A. Power. The supreme power of Sigma Alpha Epsilon Fraternity, Sigma Alpha Epsilon Foundation, and SAE Financial and Housing Corporation is vested in the Fraternity Convention (“Convention”). Any dispute arising between two or more SAE Groups that cannot be resolved by their respective boards shall be resolved by a vote of the Convention. Disputes arising between two or more SAE Groups that are time-sensitive and cannot reasonably be tabled until the next Convention shall be decided by a vote held between Conventions, as provided in Section 12E of these Laws.

Points to note:
· The Fraternity Convention has HIGHER AUTHORITY than the Supreme Council – they are NOT equal to each other!
· If a matter can’t wait until the next Convention, Section 12E provides the way to deal with it.


Who constitutes the Fraternity Convention?


11. Membership. The Convention shall consist of:
A. Past Eminent Supreme Archons who have served for a full term of office. A full term of office as used in this section shall be defined as the period of time running from the time that the Eminent Supreme Archon takes the oath of office at one Fraternity Convention until his successor takes the oath of office at the succeeding Fraternity Convention.
B. The Honorary Eminent Supreme Archon
C. Members of the Supreme Council
D. The Eminent Supreme Recorder
E. One member of the Board of Directors of SAE Financial and Housing Corporation
F. One member of the Board of Trustees of Sigma Alpha Epsilon Foundation
G. The Province Archon from each Province or, in the absence of such Province Archon, the Province Deputy Archon, or another Province officer designated by the Province Archon (one per Province)
H. One delegate from each Chapter Collegiate, in accordance with Section 55A
I. One delegate from each Alumni Association in accordance with Section 60H.

Here are the theoretical maximum headcounts according to currently available information:

Living Past ESAs: 17 (3.4%)
Honorary ESA: 1 (0.2%)
Supreme Council: 5 (1.0%)
ESR: 1 (0.2%)
Financial & Housing: 1 (0.2%)
Foundation: 1 (0.2%)
Province Archons: 30 (5.9%)
Chapters Collegiate: 226 (45%)
Alumni Associations: 223 (44%)
Total: 505 (100%)

Check this out:

12. Sessions and Voting.
C. Quorum. One fourth (1/4) of the persons entitled to seats in the Convention, as set forth in Section 11, shall constitute a quorum, provided that delegates are present from at least one fourth (1/4) of the Chapters Collegiate in good standing.

G. Undergraduate majority at Fraternity Conventions. In the event that less than a majority of delegates eligible to vote at a Fraternity Convention are from the Chapters Collegiate, then one registered alternate delegate from every eligible Chapter Collegiate shall also be entitled to a vote at that Convention.

Section 12C requires that no fewer than one-fourth of the Chapters Collegiate in good standing MUST be present at a Convention in order to have a quorum. Further, even in the event a quorum is present, but the Chapters Collegiate representatives constitute anything less than a majority of the votes, Section 12G guarantees an alternate delegate from each Chapter the right to vote along with the primary delegate, thus doubling the number of votes for our undergraduate membership.

The message is clear: the undergraduates have a majority ownership in the primary governing authority over the Fraternity.

NO ALUMNUS OR GROUP OF ALUMNI MAY CHANGE THE GOVERNMENT OF THE FRATERNITY WITHOUT THE CONSENT OF THE UNDERGRADUATE CHAPTERS!

What happens if a matter can’t wait for the next Convention?


12. Sessions and Voting.
E. Voting Between Conventions. The Eminent Supreme Archon, with the advice and consent of the Supreme Council, may submit to a direct vote of the Fraternity such measures as may benefit from resolution before the next Convention. Such direct vote shall be submitted by an e-mail/internet ballot to each individual and group entitled to representation in a Fraternity Convention at the latest address of record at the Fraternity Service Center. If any group or individual fails to vote within twenty-one (21) days after the date the vote is solicited, an affirmative vote will be implied, and the ballot shall make clear this stipulation.

Points to note:
· Section 12E describes the ESA and the Supreme Council submitting a matter to the members of the Convention to decide, NOT making the decision by themselves.
· Just because the Convention is not in session, does NOT mean its membership does not have the right to vote on a matter of time-sensitive importance.

Who has the authority to amend or repeal the Fraternity Laws or Ritual?


73. Fraternity Laws and Ritual.
A. Amendment or Repeal. The Fraternity Laws and Ritual may be amended or repealed by the Fraternity Convention by a two-thirds (2/3) vote of the members present who are entitled to vote pursuant to Section 11. Notice setting forth the proposed amendment or repeal shall be submitted to the Eminent Supreme Recorder by December 15 immediately preceding the Fraternity Convention at which such amendment or repeal is to be considered and shall be printed in the issue of The Phi Alpha preceding the Convention. Only members in good standing of Sigma Alpha Epsilon Fraternity may submit Fraternity Law amendments or repeals. Any fraternity law amendment or repeal submitted in accordance with these laws that is not brought before the National Convention before the close of the last business session will be automatically resubmitted for the next National Convention. These resubmissions must be voted upon before any new submissions can be voted upon.

B. All Proposals in Writing. No motion to amend the Fraternity Laws shall be entertained by the presiding officer at a Fraternity Convention unless the entire proposal is in writing. This requirement shall also apply to motions to amend a previous motion to amend, to motions to amend reports, to substitutions for reports, and to all motions that would change the language of the Fraternity Laws.

The Fraternity Laws and Ritual can only be amended or repealed by the Fraternity Convention and then only by a supermajority vote; they cannot be changed or repealed by fiat! Any proposed changes must be submitted in writing, published in advance, and approved by a supermajority vote at a Convention, or by a supermajority direct vote of its membership between Conventions. This is the very essence of transparency in government.

Any attempt by the Supreme Council to amend or repeal any portion of the Fraternity Laws or of the Ritual by executive order violates this fundamental requirement.
What about the Supreme Council’s claim of authority under §21A?


21. Duties. The Supreme Council shall:
A. Represent the Fraternity Convention in the interval between sessions.

My Brothers, the entire basis of the Supreme Council’s claim to have the authority to act as though the five of them alone constitute the Fraternity Convention is to take the single word ‘represent’ and pull it out of the context of the entire document in which it is found (the Fraternity Laws), then use misdirection and legalese to imply that the other 500 out of 505 people entitled to a vote in the Convention are, in fact, NOT entitled to make this decision respecting the pledge program.

If you consider Section 21A in the context of the ENTIRE body of the Fraternity Laws, in particular considering Sections 6, 9A, 12C, 12E, 12G, 73A, and 73B, it becomes abundantly clear that any decision to amend or repeal any portion of the Fraternity Laws or of the Ritual may only be accomplished by a supermajority vote of those entitled to a seat at the Convention, then only after prior written notice, and then only if the undergraduates possess a majority of the votes to be cast.

Quite simply, the Supreme Council DOES NOT HAVE the authority they are asserting.


What happens if the 2015 Convention repeals this new program?

When asked this very question, the Associate Executive Director for the Fraternity explicitly confirmed that in the event the next Convention rejects and repeals this new program, the Supreme Council could “re-up” the program as soon as the Convention has adjourned.

Is this responsible government? Is this consistent with the Fraternity Laws or with the Ritual? Does this attitude demonstrate any respect for the rule of law or for the sovereignty of the Convention?

No.

Pay attention to the power and authority your Supreme Council thinks they have a right to wield.

18. Duties.
B. Eminent Supreme Archon. The Eminent Supreme Archon is the president and chief executive officer of the Fraternity. He shall:
4. Interpret, construe, and enforce the Fraternity Laws and the orders of the Fraternity Convention and of the Supreme Council, and for such purposes he may issue such orders as may be necessary.

G. Eminent Supreme Recorder.
1. As Custodian of Records:
c. Enforce the Fraternity Laws and carry out the orders of the Fraternity Convention, the Supreme Council, and the Eminent Supreme Archon.

The Eminent Supreme Archon, the Eminent Supreme Recorder, and through them the rest of the Supreme Council, are REQUIRED to enforce the orders of the Fraternity Convention. The five members of the Supreme Council collectively constitute less than one percent (1%) of the total number of people who are nominally entitled to vote in the Fraternity Convention; they DO NOT constitute the Convention in and of themselves, no matter how they twist the definition of the word ‘represent.’


How does the True Gentleman Experience impact the Fraternity Laws and the Ritual?

1. Section 47 is repealed nearly in its entirety, with the possible exception of portions of 47D and 47E that may still be relevant.

2. Section 48B requires the payment of a Pledge Fee. We no longer have pledges, but we still have to pay BOTH the $85 Pledge Fee AND the $225 Initiation Fee, yielding the new total of $310. As having a Pledge Fee makes no sense when you have no pledges (no processing of pledges means no administrative costs associated with them), this effectively increases the Initiation Fee by nearly 38% and can therefore be construed as a money grab by the Supreme Council.

3. Section 74 lists the offenses cognizable by the Fraternity sufficient to support a charge against a member. This new program explicitly states that the failure of any member to complete any given year’s member education requirement would be grounds for suspension or expulsion. Nowhere in Section 74 does this charge exist, meaning it’s been added by amendment.

4. The Formal Pledging Ceremony has been explicitly repealed. To either amend or repeal any portion of the Ritual requires following the same procedure outlined in Section 73 in amending or repealing any portion of the Fraternity Laws. That procedure was not followed.


Points to note:
· No amended versions of the Fraternity Laws or of the Ritual book have been made available.
· The Supreme Council and Fraternity Service Center are making this up as they go – the program is being implemented before it is even finished being developed.


What can we do about it?


15. Qualification. Only a member in good standing of a Chapter Collegiate or of the Chapter Alumnus is eligible to hold a Fraternity office.

64. Status of Membership.
A. Good Standing. A member is in good standing unless either 1) he is delinquent in accounts, or 2) he is delinquent in scholarship, or 3) he is under suspension, or 4) an accusation exists against him, or 5) he has not been graduated and is not currently enrolled in the institution where his chapter is domiciled. A member not in good standing shall not vote on any question before the Chapter Collegiate, including proposal of members.

74. Offenses. Offenses cognizable by the Fraternity are 1) commission of a flagrant offense against the laws of the land or a college or university; 2) violation of the laws, by-laws and lawful orders of any regularly constituted body of the Fraternity, including these Fraternity Laws; 3) violation of the oath taken at the time of initiation; 4) conduct prejudicial to good order and discipline, or unbecoming a gentleman; 5) delinquency in accounts; and 6) delinquency in scholarship.

75. Jurisdiction.
A. Original Jurisdiction. Every member of the Fraternity is under the original jurisdiction of the Chapter Collegiate of which he is, or was last, a member (except as provided for unaffiliated transfers in Section 47E1) and of the Supreme Council. Charges may be filed against such member either with his Chapter Collegiate or with the Supreme Council, and he shall be tried by the body before which the charges are filed, subject, however, to certain exceptions hereinafter set out under “change of venue.”

Officer | Chapter/Year | School | Contact
ESA Cohen Arizona Alpha / 1985 Arizona http://arizonasae.org/contact.html
ESDA Churchill Iowa Gamma / 1985 Iowa State http://www.greek.iastate.edu/greek-c...ce/chapters/18
ESW Dement Tennessee Beta / 1990 Middle Tennessee State [Chapter is currently closed]
ESH Brandt Iowa Delta / 1984 Drake http://lsg002.angelfire.com/
ESC Corelli Illinois Gamma / 2001 Northern Illinois http://www.niu.edu/studentinvolvemen...0Epsilon.shtml

According to a strict reading of the Fraternity Laws, if an accusation existed and charge(s) filed against any given member of the Supreme Council, he would no longer be a member in good standing, thus would no longer be eligible to hold office.

We must be careful with this, however:

17. Term and Vacancies. Officers shall assume their duties immediately upon adjournment of the Convention at which they are elected or appointed and shall continue in office until their successors are duly elected or appointed. Vacancies occurring between Conventions shall be filled by the Supreme Council.

The Fraternity Laws provide no means for a recall election of national officers. Further, any vacancies in the Supreme Council are to be filled by… the Supreme Council.


What approach should we take?


First, we should petition the Supreme Council to delay implementation of this new program until it can be thoroughly reviewed, discussed, and voted on by the members of the Fraternity Convention, whether in 2015, or by a direct vote earlier.


Second, if the above does not work, we could consider filing charges against the members of the Supreme Council with their original Chapters Collegiate. Filing a charge with the Supreme Council against a member of the Supreme Council would place the Supreme Council in a conflict of interest as they would not be able to sit in judgment upon themselves.


Action at the 2015 Fraternity Convention:


· DO NOT RE-ELECT ANY OF THE EXISTING SUPREME COUNCIL MEMBERS TO ANOTHER TERM IN OFFICE!
o This will require us to prevent any seat on the Supreme Council from being uncontested.

· REJECT AND REPEAL THE TRUE GENTLEMAN EXPERIENCE

· RESTORE THE FRATERNITY LAWS AND RITUAL TO THE WAY EACH APPEARED AT THE CONCLUSION OF THE 2013 FRATERNITY CONVENTION