Interfraternity Council and Panhellenic Association
Judicial Board Bylaws

University of Wisconsin - Madison
December 1, 1999

Last Amended April 1, 2009

ARTICLE I
NAME

The official name of this body shall be the “Interfraternity Council & Panhellenic Association Judicial Board” (the “Judicial Board”).

ARTICLE II
PURPOSE

It shall be the purpose of the Judicial Board to honestly and ethically interpret, uphold, and enforce the Constitution, Bylaws, policies and procedures, codes of conduct, other governing documents, and any other rules or regulations as established by the Interfraternity Council or the Panhellenic Association, except as otherwise established herein.

ARTICLE III
JURISDICTION

A. The Judicial Board shall have the power to adjudicate allegations of misconduct resulting from the actions or inactions of any Chapter affiliated with the Interfraternity Council or the Panhellenic Association at the University of Wisconsin-Madison.

B. The Judicial Board shall have the power to adjudicate allegations of misconduct resulting from the actions or inactions of individual members of any Chapter affiliated with the Interfraternity Council or the Panhellenic Association at the University of Wisconsin-Madison.

C. These powers of adjudication shall extend to all alleged infractions of the Constitution, Bylaws, policies and procedure, codes of conduct, other governing documents, or any other rules or regulations as established by the Interfraternity Council or the Panhellenic Association, excepted as otherwise established herein.

D. The Judicial Board shall have the power to levy sanctions, as established in these Bylaws herein, on a Defendant that has been found to have been in violation of the Constitution, Bylaws, policies and procedures, codes of conduct, other governing documents, or any other rules or regulations as established by the Interfraternity Council or the Panhellenic Association, except as otherwise established herein.

E. Governance Councils

1. Each social fraternity and sorority at the University of Wisconsin-Madison is regulated by one of four (4) governance Councils:

a. The Interfraternity Council;

b. The Panhellenic Association; or

c. The National Pan-Hellenic Council.

d. The Multicultural Greek Council

2. These Bylaws as established herein shall pertain only to the Interfraternity Council and the Panhellenic Association and their respective member organizations.

ARTICLE IV
COMPOSITION

A. The Judicial Board shall be composed solely of members of member organizations of the Interfraternity Council and the Panhellenic Association.

B. The Judicial Board shall consist of thirteen (13) Justices, as follows:

1. At least Nine (9) Justices shall sit en banc at all hearings, unless extenuating circumstances create a conflict of interest or other inability to hear and decide any case brought before the Judicial Board.

a. One (1) of these Justices shall be designated as the Chief Justice and shall faithfully carry out the duties and responsibilities of that position, as established herein.

b. One (1) of these Justices, appointed by the Chief Justice, shall serve as the Secretary and shall assume that position's duties and responsibilities, as established herein.

c. No fewer than four (4) of the Justices shall be of each gender

2.. A maximum of one (1) member of any Chapter affiliated with the Interfraternity Council or the Panhellenic Association at the University of Wisconsin-Madison may be allowed on the Judicial Board at any time.

3. No fewer than six (6) of the Justices shall be male.

4. No fewer than six (6) of the Justices shall be female.

ARTICLE V
ELIGIBILITY

A. An individual shall be eligible to serve as a Justice if he/she:

1. Is an undergraduate member of a fraternity or sorority which holds membership in the Interfraternity Council of the Panhellenic Association; and

2. Is an initiated member and is in good standing with the Interfraternity Council or the Panhellenic Association; and

3. Has a cumulative grade point average, through at least two semesters at the University of Wisconsin-Madison, of 2.5 or higher; and

4. Has an expected graduation date falling on or after his/her term as a Judicial Board Justice would expire.

B. An individual shall be ineligible to serve as Justice if he/she:

1. Is elected as an Interfraternity Council or a Panhellenic Association Executive Officer; or

2. Is not in good standing with the Interfraternity Council or the Panhellenic Association; or

3. Has an expected graduation date falling before his/her term as a Judicial Board Justice expires; or

4. Withdraws from all classes at the University of Wisconsin-Madison at any point during the semester.

ARTICLE VI
TERMS OF OFFICE

A. Each Justice serving on the Judicial Board shall serve for one (1) term of one (1) academic year.

B. Terms of office shall commence on the first day of classes of the fall semester and shall expire on the last day of final exams of the spring semester.

C. Justices shall be eligible for a maximum of two (2) terms.

D. In the event that a Justice does not complete his/her term, he/she shall not be eligible to apply to be a Justice in the future.

E. Justices shall be selected in the spring semester of each academic year.

ARTICLE VII
SELECTION

A. Judicial Board Selection Committee (the “Selection Committee”)

1. The Selection Committee shall consist of five (5) members: one (1) outgoing Justice as chosen by the Chief Justice, the Interfraternity Council President, the Interfraternity Council Vice-President of Internal Affairs, the Panhellenic Association President, and the Panhellenic Association Vice-President.

2. The Selection Committee shall be responsible for selecting the appropriate number of new Justices through an application and interview process, as established herein.

B. Application Procedure

1. Applications for potential Justices shall be available at Interfraternity Council and Panhellenic Association meetings throughout the first two (2) months of the spring semester by the Chief Justice. Copies of the applications shall also be made available to the Interfraternity Council President, the Interfraternity Council Vice-President of Internal Affairs, the Panhellenic Association President, and the Panhellenic Association Vice-President, who shall also be responsible for ensuring that interested applicants receive copies upon request.

2. Judicial Board applications must be fully completed and submitted to the Interfraternity Council and the Panhellenic Association office, located at Memorial Union, Room 508, 800 Langdon St. , Madison , Wisconsin , 53706 by the application deadline, as established by the Selection Committee.

C. Interview Procedure

1. The Selection Committee shall conduct interviews of only those applicants who have met the criteria as established in VII(B)2 above.

2. The Selection Committee shall schedule all such interviews to occur during the first two (2) weeks in April.

3. The applicant shall be informed of the date, time, and location of his/her interview at least three (3) school days before the scheduled date of the interview.

4. Scheduling conflicts with the date, time, and/or location of the interview must be brought to the attention of the Selection Committee at least two (2) school days prior to the scheduled time of the interview.

5. When such a conflict is brought to the attention of the Selection Committee, it shall be the Selection Committee’s responsibility to make all reasonable efforts to reschedule the interview for a mutually convenient date, time, and location for both parties.

6. Unexcused absences from a scheduled interview shall automatically eliminate the applicant from consideration by the Selection Committee.

7. The interview shall consist of the Selection Committee posing questions to, which shall be answered by, the applicant.

D. Selection Procedure

1. At the conclusion of the application and interview process, the Selection Committee shall conduct private deliberations to select the new Justices.

2. The Selection Committee shall select the new Justices based on a variety of factors including, but not limited to, the following: chapter participation and dedication; academic performance; personal poise and demeanor; maturity; and the ability to think logically and critically.

3. Due to the fact that the number of Justices shall be unbalanced with respect to gender, the Selection Committee shall, in selecting the thirteenth and final Justice, select the candidate it deems most qualified for the position, irrespective of gender.

4. The Selection Committee shall notify all applicants of the final results of the selection process within ten (10) school days after the selections have been made.

ARTICLE VIII
DUTIES

A. The Chief Justice shall:

1. Preside over all meetings and hearings of the Judicial Board;

2. Conduct any and all deliberations of the Judicial Board in a manner which is efficient, conducive to vigorous debate, and fair to all parties involved;

3. Receive all Complaints pertaining to violations of the Constitution, Bylaws, policies and procedures, codes of conduct, other governing documents, or any other rules and regulations as established by the Interfraternity Council or the Panhellenic Association, except as otherwise established herein;

4. Call the Judicial Board to order;

5. Read statements of testimony during hearings;

6. Be responsible for writing all case correspondence and memoranda, including Notices to Appear and the Decisions of the Judicial Board;

7. Announce the Decisions of the Judicial Board and ensuring that the same are submitted to the appropriate persons, chapters, or organizations;

8. Act as the official spokesperson of the Judicial Board;

9. Adjourn meetings;

10. Coordinate, with the assistance of the Fraternity & Sorority Advisor, annual Judicial Board training sessions;

11. Keep confidential the substantive content of all Judicial Board hearings prior to the disposition of those hearings; and

12. Vote in the case of a tie; and

13. Be responsible for the interpretation of the Judicial Board By-laws; and

14. Faithfully carry out other duties and responsibilities as established herein, as well as any others that may be necessary.

B. Justices shall:

1. Attend all meetings and hearings of the Judicial Board, except as otherwise established herein;

2. Hear and decide all cases brought before the Judicial Board, except as otherwise established herein;

3. Keep confidential the substantive content of all Judicial Board hearings prior to the disposition of those hearings; and

4. Faithfully carry out other duties and responsibilities as established herein, as well as any others that may be necessary.

C. The Secretary shall:

1. Record and maintain accurate and complete minutes of any and all Judicial Board meetings and hearings;

2. Maintain and update, on a regular basis, the Judicial Board files, records, minutes, chapter files, and the Judicial Board roster;

3. Fulfill all other duties required of a Justice; and

4. Faithfully carry out other duties and responsibilities as established herein, as well as any others that may be necessary.

ARTICLE IX
VACANCIES

A. Chief Justice

1. Vacancies shall be filled within five (5) school days from the date of termination or resignation.

2. The new Chief Justice shall be chosen by the Selection Committee from amongst the current “active” Justices, using the factors listed in VII(D)2, as well as the Justice’s performance on the Judicial Board.

3. The new Chief Justice shall serve out the remaining term of the outgoing Chief Justice and shall be responsible for all duties and responsibilities as established herein.

B. Justice

1. Vacancies shall be filled within twenty (20) school days from the beginning of the following semester.

2. The replacement of the Justice shall follow the procedures as established in Article VII.

3. The new Justice shall serve out the remaining term of the former Justice and shall be responsible for all duties and responsibilities as established herein.

4. If the remaining term to be served by the new Justice is less than one (1) academic semester, the new Justice shall be eligible to serve one (1) full term which shall begin on the first day of classes in the fall semester of the following academic year.

ARTICLE X
REMOVAL

A. A Justice may be removed for any of the following reasons:

1. Non-performance or neglect of duties, including two (2) unexcused absences from meetings or hearings of the Judicial Board;

2. Failure to remain in good standing as a student of the University of Wisconsin-Madison ;

3. Failure to remain in good standing as an undergraduate member of his/her respective international, national, or local fraternity or sorority; or

4. Violations of other duties as established herein.

B. Removal Procedures

1. The following persons may initiate removal procedures of a Justice:

a. The President of a fraternity or sorority which holds membership in, and which is in good standing with, the Interfraternity Council or the Panhellenic Association;

b. Any Judicial Board Justice; or

c. An Executive Officer of either the Interfraternity Council or the Panhellenic Association, with the exception of the Interfraternity Council President and the Panhellenic Association President.

2. The Complainant must present a Complaint, in writing, to the Interfraternity Council President or the Panhellenic Association President.

3. The Complainant must include the details of the basis or bases upon which he/she asserts cause to remove the Justice;

4. Failure to assert any such basis or bases shall result in the forfeiture of the Complainant’s right to assert, and have considered by the ruling body, said basis or bases at any later point in the removal process.

5. The Interfraternity Council President or the Panhellenic Association President shall notify the Defendant Justice within five (5) school days upon receipt of the Complaint.

6. The Defendant Justice shall be provided a copy of the Complaint by the Interfraternity Council President or the Panhellenic Association President.

7. A hearing shall take place as soon as one can be reasonably arranged at a mutually convenient date, time, and location for all parties.

8. The Judicial Board Selection Committee shall hear and decide the case, consistent with the hearing procedures as established herein.

9. In the event that the Complainant is a member of the Judicial Board Selection Committee, he/she shall not be eligible to hear and decide the case.

10. A unanimous verdict shall be required of the Judicial Board Selection Committee to remove the Justice from his/her position.

11. If a verdict finding that the Defendant Justice has committed violations which, in the opinion of the Judicial Board Selection Committee, make him/her unfit to serve as a Justice, he/she shall be immediately removed from the Judicial Board and shall not be eligible to apply for a position on the Judicial Board in the future.

12 . In the case that the Chief Justice is removed, the Judicial Board Selection Committee shall then select a new Chief Justice pursuant to Article XI.

13. The Judicial Board Selection Committee, consistent with the Bylaws established herein, shall issue its decision in writing and provide copies of the same to all appropriate parties.

ARTICLE XI
RUSH RECRUITMENT VIOLATIONS

A. Alleged Fraternity Rush violations shall be heard in the following manner:

1. The Fraternity Rush Judicial Board, as established herein, shall be responsible for hearing and deciding the merits of any such alleged violations.

2. The Fraternity Rush Judicial Board shall consist solely of all of the male Justices of the Judicial Board.

3. Any Justices of the Fraternity Rush Judicial Board whose Chapter is the Complainant or the Defendant may not hear or decide any such cases.

4. In the event that the Chief Justice of the Judicial Board is a female Justice, a male Justice shall be appointed to serve as the Chief Justice of the Fraternity Rush Judicial Board.

5. The Judicial Board Selection Committee shall assemble and select the Chief Justice of the Fraternity Rush Judicial Board from amongst the current male Judicial Board Justices, using the factors listed VII(D)2, as well as the Justices' performances on the Judicial Board.

6. The Chief Justice of the Fraternity Rush Judicial Board shall assume all duties and responsibilities of the Chief Justice, as established herein, insofar as they pertain to the handling of any alleged Fraternity Rush violations.

7. Complaints shall be filed and any hearings shall be conducted pursuant to Article XII of these Bylaws.

8. All decisions of the Fraternity Rush Judicial Board which impose sanctions shall be appealable to the Fraternity Appellate Board, pursuant to Article XIV, except for XIV(A)4 where all members of the Fraternity Appellate Board will be Presidents of member organizations of the Interfraternity Council.

9. Upon a decision which finds that the Defendant violated one or more of the allegations in the Complaint, the Fraternity Rush Judicial Board shall determine and impose any reasonable and appropriate sanctions and/or punishments, as established in Article XIII.

B. Alleged Panhellenic Association Rush violations shall not fall under the jurisdiction of the Judicial Board and shall be disposed of consistent with any policies, guidelines, or rules established by the Panhellenic Association.

C. If a Complaint regarding Panhellenic Association Rush is received by the Judicial Board, the Chief Justice shall be responsible for ensuring that the Complaint is delivered in a timely fashion to the Panhellenic Association President.

ARTICLE XII
PROCEDURES

A. Filing a Complaint

1. Complaints may be submitted by any person or organization, irrespective of his/her/its relationship to the University of Wisconsin-Madison .

2. A police report shall suffice as a fully and accurately submitted Complaint upon its submission to the Judicial Board.

3. A verbal complaint made to any Judicial Board Justice or Interfraternity Council or Panhellenic Association Officer or other representative shall not suffice as a Complaint.

4. Complaint forms shall be made available at the office of the Fraternity & Sorority Advisor, located in Room 239, Red Gym, 716 Langdon St. , Madison , Wisconsin , 53706 . Complaint forms shall be made available on the Interfraternity Council and the Panhellenic Association’s Internet web pages, which are accessible at www.uwgreek.com

5. Complaint forms must be fully and accurately completed upon submission to the Judicial Board.

6. A Complaint shall be considered to have been submitted with the Judicial Board only upon the Chief Justice’s receipt of the same.

7. Complaints must be submitted to the Judicial Board within fifteen (15) school days from the date of the alleged violation except in the following situations:

a. The complaint is the result of a police or university investigation.

b. The complaint documents a violation that is egregious in nature, as determined by a 2/3 vote of the present Justices.

8. Complaints filed after the above fifteen-day statute of limitations shall be summarily dismissed by the Judicial Board without further review or action unless fitting the situations outlined in Article XII, A.7

9.  If the Judicial Board feel that a complaint is overly egregious, the board can move to pass the case to the Committee on Student Organizations and/or The Office of the Dean of Students

a.  This must be accomplished by a 2/3 vote of the justices.

10. If the alleged violation occurs within the last twenty (20) school days of an academic semester the Complaint must be filed within fifteen (15) school days from the first day of classes of the following academic semester.

B. Complaint Procedures

1. Chief Justice shall review the Complaint to determine if a hearing is warranted.

a. The Chief Justice may call for a hearing.

2. This decision shall be made within seven (7) school days of receiving the Complaint.

3. The Judicial Board may do any one (1) of the following after the review of the Complaint by the Chief Justice:

a. Dismiss the case, which requires a written memorandum signed by the Chief Justice indicating the Judicial Board’s reasons upon which it based its decision, copies of which must be distributed to the appropriate parties;

b. Impose appropriate sanctions on the Defendant only in instances where it is alleged that the Defendant failed to timely submit the required Social Agreement or Closing Contract for a social event, which requires a written memorandum signed by the Chief Justice indicating the offense and the sanctions and conditions imposed, copies of which must be distributed to the appropriate parties as established herein; or

c. Call for a hearing.

4. If a hearing is called for by the Judicial Board, a written Notice to Appear shall be served upon the Defendant, informing Defendant of the date, time, and location of the hearing.

5. The Notice to Appear shall be served upon the Defendant within five (5) school days of the Judicial Board's decision to hold a hearing.

6. The Notice to Appear shall also inform the Defendant of his/her/its right to have a maximum of three (3) undergraduate members, in addition to one (1) Chapter Advisor, present at the hearing.

7. A copy of the Complaint shall be attached to the Notice to Appear.

8. The date of the hearing shall be set at the discretion of the Judicial Board but must be within seven (7) school days from the date the Notice to Appear is served upon the Defendant.

9. Copies of the Notice to Appear shall be delivered to the following: the Interfraternity Council President, the Panhellenic Association President, the Fraternity & Sorority Advisor, the Defendant’s Chapter Advisor, and the Defendant’s National Headquarters.

10. Any dispute concerning the complaint or Notice to Appear Letter must be brought to the attention of the Chief Justice by the Defendant Chapter before the scheduled hearing.

C. Hearing Procedures

1. To prevent potential conflicts of interest, no Justice may hear or decide a case in which his/her Chapter, or a member of his/her Chapter, is either the Complainant or the Defendant.

2. It shall be the personal responsibility of each Justice to determine whether a potential conflict of interest may arise in that Justice’s participation in a particular case.

3. In a situation where a Justice determines that such a potential conflict of interest does exist, another Justice of the same gender shall assume the duties and responsibilities of an Justice for only those hearings in which the replaced Justice has, or may have, a conflict of interest.

4. At least nine (9) Justices must be hear the case unless the Defendant Chapter agrees to have the hearing with fewer Justices present.

5. The Chief Justice retains the right to declare the hearing to be open or closed to the public.

6. A closed hearing shall be limited to witnesses and those persons invited to attend by the Chief Justice.

7. The Chief Justice may request the Fraternity & Sorority Advisor and any other person he/she deems appropriate to attend any Judicial Board hearing.

a. The Fraternity & Sorority Advisor and other invited guests shall not have any vote in any of the Judicial Board’s decisions.

b. The Fraternity & Sorority Advisor and other invited guests may answer any appropriate questions presented to them.

8. Involved parties and witnesses retain the right not to be present at the hearing.

a. Any individual or Chapter who does not wish to be present at the hearing must submit a written statement which includes any and all relevant information, if any, he/she/it wishes to have presented at the hearing.

b. The Chief Justice shall read any such statements into the record at the hearing.

c. The Justices shall make no inferences, positive or negative, of any individual's or Chapter’s decision to provide a written statement in lieu of appearing at the hearing.

9. The Defendant Chapter or individual may have three (3) undergraduate Chapter members and a Chapter Advisor present at the hearing.

a. Only the three (3) undergraduate Chapter members shall have the opportunity to speak on behalf of the Chapter.

b. Although a Chapter Advisor may attend the hearing, he/she shall serve strictly in an advisory role to the undergraduates appearing on behalf of the Chapter.

c. The Chapter Advisor shall not have the opportunity to speak on behalf of the Chapter.

10. Hearing proceedings shall be tape-recorded.

11. All written statements, tape recordings, and other materials submitted for and at the hearings shall be filed by the Secretary and kept in a locked file in the Interfraternity Council and Panhellenic Association office.

12. The Chief Justice shall call the Judicial Board to order and begin by asking all parties to introduce themselves for the record.

13. The Chief Justice shall explain the general hearing procedures and answer any questions the parties may have with respect to the same.

14. The Chief Justice shall explain to the parties that the burden of proof lies on the Complainant with respect to any and all claims alleged in the Complaint.

15. The burden of proof shall be on the Complainant to establish his/her claims as alleged in the Complaint.

16. The burden of proof requires that the evidence must satisfy the Justices that the Complainant’s proposition has been established by evidence which outweighs the evidence against it.

17. The Justices shall consider all the evidence, regardless of which party produced it.

18. The Chief Justice shall state to the parties that the Judicial Board wishes to hear all relevant facts and interpretations of the facts and does insist that all persons at the hearing be treated with respect and civility and that it shall not permit argumentative, threatening, or hostile exchanges between any of the parties.

19. The Chief Justice retains the right to remove from a hearing any person who disrupts or interferes with the proceeding.

20. The Chief Justice shall ask the Complainant to explain the facts and related evidence he/she can with respect to the Complaint.

21. The Chief Justice shall then ask the Complainant to present any witnesses he/she may have who can testify as to the allegations in the Complaint.

22. Any such witnesses shall then so testify.

23. Individuals providing testimony to the Judicial Board shall be permitted to speak without interruption unless the Chief Justice determines that the statements are immaterial, irrelevant, or unduly repetitious.

24. The Judicial Board shall then have the opportunity to question the Complainant and any of his/her witnesses with respect to the facts, his/her interpretation of the facts, the allegations made in the Complaint, and any and all other information the Judicial Board deems appropriate to assist it in arriving at a fair and just decision.

25. The Chief Justice shall ask the Defendant to explain the facts and related evidence he/she can with respect to the Complaint.

26. The Chief Justice shall then ask the Defendant to present any witnesses he/she may have who can testify as to the allegations made in the Complaint.

27. Any such witnesses shall then so testify.

28. The Judicial Board shall then have the opportunity to question the Defendant and any of his/her witnesses with respect to the facts, his/her interpretation of the facts, the allegations made in the Complaint, and any and all other information the Judicial Board deems appropriate to assist it in arriving at a fair and just decision.

29. The Judicial Board shall then have the opportunity to ask questions of any person or organization involved.

30. The Complainant and Defendant and any persons appearing on either party’s behalf shall have the opportunity to question the Judicial Board on matters related to the hearing and the hearing procedures.

31. The questions shall be directed to the Chief Justice, who shall answer them if he/she is able to do so, and if he/she is able to do so without violating any of the policies and procedures as established herein.

32. The Chief Justice shall adjourn the hearing after all questioning has been completed.

33. The Judicial Board shall retire to a private room in which to conduct its deliberations.

34. The deliberations shall not be tape-recorded.

35. To find a Defendant Chapter in violation, a 3/4 vote of Justices present at the hearing must be obtained.

36. If the Judicial Board determines that the Complainant has met the burden of proof with respect to at least one of his/her claims, the Judicial Board shall so indicate in its written Decision what offense the Defendant has been found to have violated.

37. The Judicial Board shall then determine and impose any reasonable and appropriate sanctions and/or punishments, as established herein, reflecting the same in its written Decision.

a. All sanctions imposed must obtain a 2/3 vote of Justices present and eligilbe

b. To be eligible to vote on sanctions, Justices must have been present for the entire hearing process.

38. If the Judicial Board determines that the Complainant has not met the burden of proof with respect to any of his/her claims, the Judicial Board shall so indicate in its written Decision.

39. The Chief Justice shall issue the Judicial Board’s Decision within seven (7) school days after the Decision has been made.

40. The Chief Justice shall deliver the Decision to the Defendant.

41. Copies of the Decision shall be delivered to the following: the Interfraternity Council President, the Panhellenic Association President, the Fraternity & Sorority Advisor, the Defendant’s Chapter Advisor, and the Defendant’s National Headquarters.

42. The substantive content of all Judicial Board hearings shall be strictly confidential prior to the disposition of those hearings.

43. The votes of each Justice during Judicial Board deliberations shall be confidential.

44. Only the vote of the entire Judicial Board shall be disclosed at any time.

45. All Decisions of the Judicial Board shall be upheld and supported by all Justices, despite the presence of any dissenting opinions made during the deliberations.

46. Decisions of the Judicial Board shall be of public record and shall be made available on a monthly basis at the Interfraternity Council and Panhellenic Association Presidents’ Congress meetings.

ARTICLE XIII
SANCTIONS

The Judicial Board, if, as, and when imposing sanctions pursuant to its responsibilities and powers as established herein, shall make all efforts to ensure that the sanctions imposed are fair, reasonable, proportional to the offense found to have been committed, and just.

One Justice shall be assigned to each case to ensure that the Defendant carries out the requirements of the sanctions in a timely and appropriate manner.

A. Admonishment

When appropriate and reasonable, the Judicial Board may issue a letter of reprimand to the Defendant, along with copies to all individuals and/or organizations it deems appropriate.

B. Restitution

When appropriate and reasonable, the Judicial Board may order the Defendant to make complete restitution for any damages to property determined to have occurred as the result of Defendant’s action or inaction.

C. Monetary Fines

1. When appropriate and reasonable, the Judicial Board may impose monetary fines upon the Defendant, but only an amount that is fair, reasonable, and just.

2. All monies collected shall be designated for educational programming within the All Greek Council and its respective member organizations.

3. The All Greek Council shall have the responsibility for properly utilizing the collected monies.

D. Charitable Acts

When appropriate and reasonable, the Judicial Board may require the Defendant and, if the Defendant is an organization, Defendant’s members, to participate in community service activities, the terms of which shall be defined and enforced by the Judicial Board.

E. Educational Programming

When appropriate and reasonable, the Judicial Board may require the Defendant and, if the Defendant is an organization, Defendant’s members, to participate in relevant educational programs, the terms of which shall be defined and enforced by the Judicial Board.

F. Probation

When appropriate and reasonable, the Judicial Board may impose a punishment of probation for a period of time not greater than one (1) year, and which punishment may carry any one or combination of the following conditions:

1. The Defendant shall not participate in any event with any other fraternity or sorority for the length of the probation;

2. The Defendant shall participate in only selected events, as determined by the Judicial Board, with other fraternities or sororities for the length of the probation;

3. The Defendant, as an organization, shall not participate in intramural athletics sponsored or endorsed by the University of Wisconsin-Madison.

4. The Defendant shall not participate in any event with any other fraternity or sorority, at which alcohol is present, for the length of the probation;

5. The Defendant shall participate in only selected events, as determined by the Judicial Board, with other fraternities or sororities, at which alcohol is present, for the length of the probation;

6. Other restrictions of privileges, as determined by the Judicial Board.

7. Loss of voting privileges at Interfraternity Council of Panhellenic Association meetings or Presidents’ Congress meetings.

G. Suspension

1. Suspension shall be defined as the temporary loss of all membership privileges in the Interfraternity Council or the Panhellenic Association.

2. If the Judicial Board elects to suspend the Defendant, the Defendant shall have the right to appeal the Judicial Board's decision, pursuant to the terms and conditions as established in Article XIV.

3 . The length of the suspension period shall be determined by the Judicial Board.

4 . At the conclusion of the suspension period, a new hearing shall be conducted to review the status of the Defendant’s efforts to fulfill any and all conditions and terms of the suspension, as specified by the Judicial Board.

5 . If the Defendant has fulfilled all conditions and terms of the suspension, as specified by the Judicial Board, the Judicial Board shall reinstate the Defendant’s membership in the Interfraternity Council or the Panhellenic Association.

6 . If the conditions and terms of the suspension are determined by the Judicial Board to have not been met at this time, the Judicial Board may do one of the following:

a. Continue the suspension, with no additional conditions or terms, for an extended period of time;

b. Continue the suspension with additional conditions or terms; or

c. Initiate expulsion proceedings against the Defendant.

H. Expulsion

1. Expulsion shall be defined as the permanent loss of all membership privileges in the Interfraternity Council or the Panhellenic Association.

2. If the Judicial Board elects to initiate expulsion proceedings, the Defendant shall have the right to appeal the Judicial Board's decision, pursuant to the terms and conditions as established in Article XIV.

I. Any combination of the above sanctions, within reason, may be imposed by the Judicial Board in its decision.

J. For repeat violations, previous sanctions imposed on the Defendant Chapter may be considered in determining whether additional sanctions are appropriate.

K. Failure of the Defendant Chapter to abide by the sanctions imposed by the Judicial Board may result in a review hearing and the possible imposition, if appropriate, of more severe sanctions.

ARTICLE XIV
PROCEDURES FOR RECONSIDERATION

A. Petition for Reconsideration - Non-Suspension/Expulsion Decisions

1. All Decisions of the Judicial Board which impose sanctions other than expulsion or suspension shall be appealable to the Greek Appellate Board.

2. The following four (4) members of the Greek Appellate Board shall be randomly selected by the Chief Justice of the Judicial Board and will include one (1) of the following:

a. 1 President of member organizations of the Interfraternity Council.

b. 1 President of member organizations of the Panhellenic Association.

c. 1 member of the Interfraternity Council Executive Board.

d. 1 member of the Panhellenic Association Executive Board.

e. All members of said organizations must serve once before one member can serve twice.

i. Exceptions to this rule are allowed to ensure timely due process, though only if absolutely necessary. This is at the discretion of the Chief Justice of the Greek Judicial Board

3. The fifth member of the Greek Appellate Board will be the Chief Justice of the Judicial Board.

4 . The Secretary of the Judicial Board shall be present at all hearings of the Greek Appellate Board and shall be responsible for the following: tape-recording the hearings, assisting the members of the Greek Appellate Board with respect to procedural questions; and any other duties as necessary and proper. The Secretary shall have neither a voice nor a vote during the hearings or deliberations, except as necessary to clarify questions of procedure.

5 . The members of the Greek Appellate Board shall be randomly selected by the Chief Justice of the Judicial Board and will include the following:

a. At least two Presidents of member organizations of the Interfraternity Council.

b. At least two Presidents of member organizations of the Panhellenic Association.

c. The fifth member of the Greek Appellate Board shall be randomly selected from the entire list of eligible members, excluding those already selected.

6. Members of the Greek Appellate Board shall not be eligible to serve more than one (1) time in any academic year.

7 . If the Defendant chooses to exercise its right, the Defendant shall submit a written Petition for Reconsideration to the Chief Justice.

8 . This petition must be submitted to the Defendant’s respective governance Council’s President within seven (7) school days after having received the Judicial Board’s decision.

9 . If the Defendant fails to timely submit its Petition for Reconsideration he/she/it shall have no further recourse of appeal and shall forever forfeit the right to appeal the decision of the Judicial Board with respect to the instant action.

10 . Upon receipt of the Petition for Reconsideration, the Chief Justice shall select the members of the Greek Appellate Board, as established herein.

11. The Greek Appellate Board members shall schedule a hearing within seven (7) school days upon receiving the Petition for Reconsideration from the Defendant.

12. The Greek Appellate Board shall follow the same hearing procedures as established in Article XII(C), except that a three-fifths (3/5) majority shall be necessary to overturn the decision of the Judicial Board.

13. The Greek Appellate Board shall issue, in writing, its Decision within five (5) school days after the decision has been made.

14. If the decision of the Judicial Board is overturned:

a. The Council will make record recommendations for more appropriate disciplinary action(s).

b. The Defendant will be referred back to the Judicial Board with reasons for the decision and recommendations of more appropriate disciplinary action.

15. Copies of the Decision shall be delivered to the following: the Defendant, the Interfraternity Council President, the Panhellenic Association President, the Fraternity & Sorority Advisor, the Defendant’s Chapter Advisor, and the Defendant’s National Headquarters.

16. The Decision of the Greek Appellate Board shall be final.

B. Petition for Reconsideration - Suspension/Expulsion Decisions

1. All Decisions of the Judicial Board which suspend or expel a Defendant shall be appealable to the Defendant’s respective governance Council.

2. If the Defendant chooses to exercise its right, the Defendant shall submit a written Petition for Reconsideration to the Interfraternity Council President or the Panhellenic Association President requesting that the Interfraternity Council Advisory Board or the Panhellenic Association Special Committee investigate the Judicial Board’s decision and the facts and evidence surrounding the same.

3. This petition must be submitted to the Defendant’s respective governance Council’s President within seven (7) school days after having received the Judicial Board’s Decision.

4. If the Defendant fails to timely submit its Petition for Reconsideration he/she/it shall have no further recourse of appeal and shall forever forfeit its right to appeal the decision of the Judicial Board with respect to the instant action.

5. Upon receipt of the Petition for Reconsideration, the Council President shall immediately provide a copy to the Interfraternity Council’s Advisory Board or the Panhellenic Association’s Special Committee, whichever is appropriate.

6. The Committee shall conduct a full investigation into all of the evidence surrounding the Judicial Board’s Decision and the underlying incident.

7. The Interfraternity Council or the Panhellenic Association shall be responsible for all costs and expenses the Committee reasonably deems necessary and appropriate to properly conduct a full and fair investigation.

8. The Committee shall fully document, in writing, all of its investigative efforts.

9. Any sanctions or other conditions imposed by the Judicial Board in its decision shall be suspended during the pendency of the Committee's investigation.

10. Upon the conclusion of the Committee’s inquiry, the Committee chair shall submit a written and verbal report to his/her appropriate governance Council's President at the next Council meeting, copies of which shall be made available to Council representatives.

11. The Chapter President from the Defendant Chapter shall retain the right to verbally address the governance Council as well as ask and any questions he/she can.

12. The Complainant shall retain the right to verbally address the governance Council as well as ask and answer any questions he/she can.

13. Any and all witnesses who can testify as to the facts and evidence relating to the underlying incident shall have the right to do so before the governance Council.

14. After the conclusion of the presentation of the evidence, the governance Council shall then hold a secret ballot vote.

15. Each Chapter eligible to vote shall have one vote.

16. Council members shall be provided a ballot which reads as follows:

“I hereby vote to __ uphold __ overturn the Decision of the Judicial Board.”

The Council member shall place a check mark (“X”) in the appropriate blank and submit the ballot to the Council President upon its completion.

17. A two-thirds (2/3) vote in favor of overturning the Decision of the Judicial Board shall be required to overturn the same.

18. A summary of the voting, which shall include the numbers for and against the upholding of the Judicial Board's decision, shall be written by the Interfraternity Council President or the Panhellenic Association President within seven (7) school days of the decision, and submitted to the appropriate persons and organizations.

19. If the decision to expel or suspend is overturned:

a. The Council will make record recommendations for more appropriate disciplinary action(s).

b. The Defendant Chapter will be referred back to the Judicial Board for more appropriate disciplinary action.

20. The decision of the governance Council shall be final.

ARTICLE XV
AMENDMENTS

A. Procedure

1. Any of the following may introduce amendments to the Judicial Board Bylaws:

a. Any fraternity or sorority which holds membership in, and which is in good standing with, the Interfraternity Council or the Panhellenic Association;

b. The Interfraternity Council Executive Board;

c. The Panhellenic Association Executive Board.

d. The members of the Judicial Board

2. Amendments shall be proposed and distributed to all fraternities and sororities at a Presidents’ Congress meeting, specifying the article, section, and/or sub-section to be amended.

3. After the session in which an amendment has been introduced, a Joint Presidents’ Congress meeting shall hear one additional reading of the amendment at its next regular session, and may vote on the proposed amendment at any time after the second reading.

B. Voting

1. At least two-thirds (2/3) of those eligible voting members must be present in order to vote on the proposed amendment.

2. At least two-thirds (2/3) of those voting must cast votes in favor of approving the proposed amendment for it to be approved.

3. Each eligible voting member shall have the right to cast one (1) vote.

4. The failure to obtain at least a two-thirds (2/3) vote in favor of approving the proposed amendment shall terminate discussion on the proposed amendment.

C. Enactment

1. If a two-thirds (2/3) vote has been obtained, the amendment shall be effective immediately.

2. The Judicial Board Secretary shall amend the current Judicial Board Bylaws to include the new amendment and distribute the updated Bylaws to each Chapter President, the Executive Officers of the Interfraternity Council and the Panhellenic Association, all Judicial Board Justices, and the Fraternity & Sorority Advisor within fifteen (15) school days from the date of approval.

ARTICLE XVI

INTERPRETATION

A. Interpretation of Constitution and By-Laws

1. The Chief Justice shall be responsible for the interpretation of the Greek Judicial Board Constitution and Bylaws.

2. The interpretation of the Chief Justice may be overturned by a 2/3 vote of the Justices present at a hearing.

 

1999 Version of Greek Judicial Board Bylaws