Judicial Procedures National Panhellenic Conference AFA Annual Meeting 2008 Presentation adapted from Southern Methodist University Panhellenic Association Why does the Judicial process exist? To facilitate productive conversation between disputing chapters in a formal setting. To encourage/recommend INTERNAL sanctions in an effort to abide by CPH and NPC guidelines, bylaws and Unanimous Agreements. How Do I Deal with an Infraction? 2. Violation Report Form 3. Mediation 1. Informal Discussion 4. Judicial Step 1: Informal Discussion If accusing chapter representative is comfortable confronting the representative of accused chapter, NPC encourages informal discussion between the disputing chapters. If a mutual understanding exists, then the accusing chapter must contact the CPH to inform her of the discussion. No mediation will take place. If a mutual understanding cannot be achieved, or the conflict cannot be resolved, then move to STEP 2. Step 2: Violation Report Form The accusing chapter has 30 days from the day of the incident to fill out a Violation Report Form. The form should be turned into the CPH who will give a Notice of Infraction Form to the accused chapter. In most cases, completing this form will require the scheduling of a Mediation (Step 3). Step 3: Mediation What is Mediation? Mediation is a facilitated discussion between two parties where a dispute exists. It is a process of assisted negotiations. The outcome of a mediation is entirely dependent on the parties involved. There are no “sanctions,” rather the outcome is an agreement. Step 3: Mediation Who attends a mediation? Both the accusing chapter representative and the accused chapter representative need to be at the Mediation. The representatives need to have the authority to make decisions on behalf of the chapter. Each chapter may have two representatives. An advisor may be present. The Mediator is a unbiased third party (usually not the Panhellenic advisor). Step 3: Mediation What occurs during the Mediation? The accusing chapter will state its opinions. The accused chapter will present its opinions. The chapters will negotiate appropriate actions to be taken. Step 3: Mediation What occurs during the Mediation? Everything discussed in the mediation is CONFIDENTIAL, including the final agreement. The accused chapter representative may provide a letter or have a conversation with the individual who committed the infraction so that her opinions are expressed at the mediation. The CPH will not issue sanctions. In some cases, the CPH may have recommendations. However, the goal of mediation is the satisfaction of the complainant and the accused. Step 4: Judicial Hearing If no mutual agreement can be reached during the Mediation, then a Judicial Hearing will be scheduled. This process is explained in the Manual of Information. Step 5: The Appeal Process If any involved party is not satisfied with the outcome of the Judicial Hearing, the party can appeal to the NPC Judicial Appeals Committee. The process is further explained in the Manual of Information. Example: Scenario 1 Amanda (a Sigma) is seen buying drinks for a PNM at a bar by Elle (a Delta Nu). The next day Elle, the president of Delta Nu, calls Mary, the president of Sigma, to let her know that Amanda was violating a recruitment rule. After discussing the situation with Amanda, Mary calls back to explain that Amanda was just getting the PNM a water and there is nothing to worry about. Mary tells Elle that she will better educate her chapter members on the recruitment rules just in case. The next week, Mary calls Elle to tell her that Amanda led a really productive recruitment rule program during chapter. Elle tells the CPH judicial chair about the situation, but does not think it is necessary to have a mediation as she is satisfied with the way Sigma handled it. Example: Scenario 2 Elle sees Amanda not only buying drinks for the PNM but swapping numbers with the PNM outside the bar. After talking with Mary, Sigma’s president, she is told that Amanda is denying the whole thing. Elle really wants Mary to create an education program, but does not feel that Sigma will follow through with it. Unsatisfied with how Sigma handled the situation, Elle fills out a Violation Report Form to schedule a mediation. At the Mediation, both Elle and Mary are present and they are able to discuss the situation in more depth while recommending sanctions that Sigma can act on. To make it work… You need trust between the members/leaders of the chapters in your CPH. Initial training on the process is imperative. Let the women make the system work for them. Find trusted sources to serve as mediators. Questions, examples, ideas… Beth Stathos, Chi Omega Fraternity, bstathos@chiomega.com Shannon Sumerlin, Southern Methodist University, sumerlin@smu.edu Chris Dickey, National Panhellenic Conference, chrisdickey@prodigy.net