As in effect on August 1, 2024.

Fraternity Regulation 3.8 (Revised)

POSITION STATEMENTS / Chapter Sanctions

Revised August 1, 2024

3.8.1. Under the National Bylaws, National Council has the power to suspend chapters and active organizations. Under the National Bylaws, National Council also has the power to recognize (and inherently to withdraw recognition from) colonies.

3.8.2. National Council recognizes that not every failure to abide by one or more provisions of the National Constitution, Bylaws, Regulations, and Guidelines by a colony, chapter, or active organization constitutes grounds for the imposition of the ultimate sanction of suspension. However, a failure to abide may be of sufficient severity as to warrant some form of sanction. The purpose of this Fraternity Regulation is to set forth both the circumstances and the basis upon which National Council may, in its discretion, impose sanction(s) up to and including suspension.

3.8.3. National Council considers the following to constitute failures of sufficient severity as to warrant consideration of sanction(s):

1. Any failure to abide by the Triangle Risk Management Guidelines.
2. Initiation into Triangle membership of men who are not qualified for membership in Triangle.
3. Repeated failure of a chapter, active organization or colony to pay amounts due the National Organization.
4. The use by any chapter, active organization or colony of a name not authorized by the National Constitution and Bylaws.
5. The failure of a chapter or colony to fulfil conditions of probation established by National Council for prior failure(s).
6. The failure to adhere to the Triangle Fraternity Code of Ethics.
7. Failure to abide by any other provisions of the National Bylaws, Regulations, or Guidelines.

3.8.4 Process For Consideration Of Sanction(s)

1. During or immediately after an incident (the chapter shall promptly notify the Executive Director of any incident):

   The Executive Director or their designee shall manage the initial fact-finding. Any Triangle staff member or volunteer who is notified of or becomes aware of a potential incident shall notify the Executive Director as soon as is practicable.

   Upon notification of an incident, the Executive Director, in consultation with the National President, may at their discretion issue a cease-and-desist order to the chapter if needed to prevent bodily injury, property damage, illegal activity, or a chapter culture that may contribute to any of these situations.

   This order may last no more than thirty (30) days and shall be communicated to the chapter’s active and alumni presidents, National Council, and (if appropriate) university staff.

   Possible restrictions may include but are not limited to:

   1. Activities with alcohol
   2. Initiation or pledging ceremonies
   3. Any activities involving candidates
   4. Social activities (including those involving non-members)
   5. Visits to other chapters

2. Within one business day of notification of an incident, or as soon as is practicable:

   The Executive Director shall gather preliminary information and report the incident to the National President, and Standards Committee. In most circumstances, this information will consist of basic facts only: chapter, type, time, and location of incident, and details of the cease-and-desist order if applied.

   The report shall outline plans for next steps, which may include one or more of the following (subject to veto by the National President or Standards Committee):

   1. Phone call with active/alumni president and/or officers
   2. Visit to chapter
   3. Call/meeting with university personnel
   4. Call/meeting with other individuals
   5. Wait for completion of university or law enforcement investigation
   6. Other actions as appropriate

   The National President shall distribute this report to the rest of National Council at his discretion.

   The planned actions may be undertaken by Triangle staff, members of the Standards Committee, or other individuals as appropriate.

3. Within two weeks of an incident:

   If a cease-and-desist order was issued, the Standards Committee may terminate the order or extend it until a specific date. Additional extensions are permitted up to a total of 45 days, subject to the communication requirements of the original order. If the Standards Committee takes no action on an order, the restriction shall end at the specified date.

   At its discretion, National Council may vote to terminate or extend an order.

4. At an appropriate time:

   The Standards Committee shall communicate with the chapter’s active and alumni organizations to obtain all relevant evidence and the chapter's explanation of the facts, and shall additionally consult with the Executive Director and other appropriate parties before presenting recommendations to National Council for further action (or no action). In all instances, National Council may impose sanctions up to and including suspension.

5. Periodically during the period of sanctions:

   The Standards Committee, in consultation with the Executive Director, shall assess the chapter's compliance with the sanctions that were imposed. Insufficient compliance may result in additional actions being taken by Council.

   At its discretion, the committee may report back to Council on the long-term effects of the incident and subsequent actions taken by National Council.

   Potential questions include, but are not limited to:

   1. Has the chapter changed since the incident?
   2. Were the Council actions effective in meeting their goals?
   3. Is any further action recommended?
6. At each meeting of National Council, the Standards Committee shall provide an update on any investigations in progress and at each face to face meeting an update on any outstanding sanctions.
7. Throughout this process, the Standards Committee shall maintain appropriate documentation of communications, findings, actions, and deadlines.

3.8.5 Standards Committee

National Council shall annually appoint a Standards Committee consisting of two current Council members and the Active Councilman. At the discretion of National Council, the committee may also include up to two former Council members or Active Councilmen, preferably members who have previously served on the Standards Committee.

The purpose of the Standards Committee is to review chapter incidents/behaviors and prepare recommendations for National Council.

The duties of the committee include:

1. Implementing, extending or terminating a cease-and-desist order if one is issued in accordance with this regulation.
2. Confirming any fact-finding completed by Staff, soliciting the chapter's explanation of the facts, and establishing the formal record on which recommendations to National Council are based upon.
3. Making recommendations to National Council on actions to be taken. Such recommendations should include consultation with the Executive Director and the chapter’s alumni organization.
4. Assessing a chapter's compliance with imposed sanctions
5. In consultation with Staff, follow up with the chapter after an incident and report to Council on the effect of the incident.

3.8.6 Potential Sanctions

Included among the range of desired outcomes and sanctions that National Council may impose are:

1. Remove immediate negative influences or situations from the chapter culture:
   1. Prohibit the possession or consumption of alcohol on chapter premises or at chapter events.
   2. Direct one or more officers (active or alumni) to resign or be removed from office.
   3. Prohibit (or require approval for) any visits to/from other chapters.
   4. Direct the chapter to remove one or more members from participation in Triangle activities.
   5. Direct the chapter to request voluntary termination of membership of one or more members or expel him/them if necessary.
   6. Suspend or expel a member through National Council action.
   7. Direct the chapter to make changes to its governing documents or other policies or traditions.
2. Influence attitudes of chapter members:
   1. Direct the chapter to present and/or participate in remedial or educational programs that relate to the charge:
      1. Host and/or sponsor a speaker for the university community.
      2. Host and/or attend a member-only presentation.
      3. Present a "lessons learned" session at an upcoming Triangle event.
   2. Direct the chapter to create an action plan addressing the situations that led to the incident:
      1. Risk Management Plan
      2. New Member Education Program
      3. Officer Transition
      4. Others as appropriate
   3. Direct the chapter to hold a member retreat addressing the situations that led to the incident. Possibly mandate participation by National, alumni, and/or university representatives.
   4. Direct the chapter to send one or more members to upcoming Triangle/interfraternal events.
3. Improve ongoing communication between the chapter and the national organization:
   1. Direct the chapter to communicate periodically with the Executive Director or other Council representative.
   2. Send a letter to the chapter expressing Council's position.
   3. Place the chapter on probation.
   4. Support/reinforce actions taken by the university administration.
   5. Require participation with an individual appointed by National Council such as a financial advisor, alumni advisor, etc.
4. Modify future privileges and obligations as a punitive measure:
   1. Bill the chapter for expenses incurred by the National Organization (or other entities) related to the incident.
   2. Impose fines payable within 30 days up to $25 per member and candidate on the active roster.
   3. In addition to all other sanctions, a fine payable within 30 days of $10 per member and candidate on the active roster will automatically be imposed for use of a common source of bulk quantity alcoholic beverage. A second incidence of use of a common source of bulk quantity alcoholic beverage within 24 months will result in the fine payable within 30 days increasing to $20 per member and candidate.
   4. Increase the chapter's Risk Management Fee.
   5. Any chapter failing to abide by the Triangle Risk Management Guidelines will have its base Risk Management Fee increased by no less than 5% and no greater than 20% for the next academic year, dependent upon the seriousness of the failure(s) in question.
   6. Remove the chapter's eligibility for Triangle awards, grants, or scholarships.
   7. Place the chapter on social probation, prohibiting some or all of the following:
      1. Recruitment events
      2. Pledging or initiation ceremonies
      3. Participation in events hosted by other organizations, IFC, or the university
      4. Social events, whether on or off chapter property
   8. Suspend (close) the chapter or active organization.

3.8.7 Chapter Appeal

Any suspension or lesser sanction by National Council may be appealed by the chapter in writing to the National President stating the basis for the appeal. The National President may direct the Standards Committee to do additional fact finding in regards to the appeal which shall include a conference call with the chapter. Based on the findings, National Council shall decide whether any changes should be made in the sanctions.

3.8.8 Good Samaritan

1. If a member assists another person in obtaining immediate and appropriate medical care related to the use or consumption of alcohol, drugs, or to another medical emergency, then that member, as well as those who are assisted, will not be subject to individual sanction(s) with respect to the incident. This is the case even if the member who is assisting was a contributing factor to that emergency. An individual may benefit from this policy more than once, though repeated use of the policy may receive stricter scrutiny.
2. A chapter that seeks immediate and appropriate medical assistance for a person in need related to the use or consumption of alcohol, drugs, or to another medical emergency, may be eligible for mitigation of sanction(s) related to failure(s) to abide by organizational guidelines. To be eligible for this potential mitigation, the chapter will be required to meet in person or by phone with a national staff member or an alumni volunteer designated by the fraternity. A chapter may benefit from this policy more than once, though repeated use of the policy may receive stricter scrutiny.

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