Phi Boota roota National Percussion Fraternity ΔΦ Chapter Constitution Adopted April 26, 2011 2 Article I: Purpose and Principles “To further the fraternal relationship amongst percussionists at The University of Texas-Pan American. To further the knowledge of the percussive arts; to promote and teach the art of percussion, and create a broader perception of percussion throughout the community.” Phi Boota roota is a professional co-ed fraternity that attempts to instill a feeling of brotherhood amongst percussionists at UTPA and across the nation. Phi Boota roota does this by supporting the percussion studios, educational goals, sponsoring clinics, concerts, master classes, and other percussion related functions. Phi Boota roota is an organization that allows individuals to achieve a heightened sense of percussive awareness, and helps to promote the development of school spirit and pride at UTPA. No part of this constitution shall conflict with any federal, state, or local laws either in word or intent. Article II: Membership Civil Rights Clause: No person will be denied membership on the grounds of race, gender, color, religion, creed, national origin, age, disability, citizenship, political affiliation, veteran status, sex, sexual orientation, gender, gender identity, or gender expression. Nor shall they be denied the benefits of, or be subject to, discrimination as defined by the Civil Rights Act of 1964. Section 1: General Requirements 1. In order to be considered for membership, interested parties must be enrolled full time at the University of Texas-Pan American. 2. To maintain an active status, a Brother must be currently enrolled for a minimum of 12 hours at UTPA. 3. To maintain an active status, a Brother must maintain at least a minimum grade point average of 2.0 on a 4.0 scale. 4. To maintain an active status, a Brother must perform in any UTPA Percussion Ensemble in at least one public performance during each semester in which he or she is active. 5. To maintain an active status, a Brother must be up to date with all dues and fines incurred. 6. To maintain an active status, a Brother must attend all Phi Boota roota (hereby referred to as the Fraternity) functions, meetings and fundraisers unless previously excused by the Executive Board. After three unexcused absences from Fraternity events, an active member will be pushed to inactive status and must petition to the Fraternity for active status. 7. To maintain an active status, a Brother may not have been dropped from membership by the Fraternity. [Article II; section 5] Section 1a: Advisor 1. The Fraternity will choose at least one advisor. The advisor must be a fulltime faculty/staff member at UTPA. 2. The advisor will be an individual who is elected by 2/3 majority of the active membership at any Fraternity meeting. 3. Duties of the Official Advisor: 3 i. To counsel the Fraternity on activities (if deemed necessary by the Fraternity). ii. Review all reports to be submitted to the Office of Student Development (OSD). 4. Removal of Advisor for any reason requires a 3/4 vote of active membership at any Fraternity meeting or voluntary resignation is accepted. Section 2: Fraternity Privileges of Active Membership 1. The ability to vote on all fraternal matters. 2. The ability to be nominated for an office in the Fraternity. 3. The ability to attend all fraternal functions without question. 4. The ability to benefit from fraternal finances under special circumstances such as: rush functions, convention, specified Fraternity trips, etc. 5. The ability to wear and display Fraternity Regalia. Section 3: Membership Status 1. Probationary Member: A prospective member that meets all the general requirements for eligibility and has accepted the bid given by the Fraternity. A Probationary member can benefit from fraternal finances under special circumstances. Probationary members have no voting privileges and cannot be nominated for any office in the Fraternity. Probationary members can only attend Fraternity functions with the approval of the Fraternity. Probationary members do not have the privilege to wear and display Fraternity Regalia. 2. Active Member: A Brother who meets all of the requirements for membership listed in Article II; section 1, has gone through the membership education process, and has been initiated into the Fraternity. Active members have full Fraternity privileges as listed in Article II; section 2. 3. Inactive Member: A Brother who does not meet one or more of the general requirements for membership. Inactive members are not allowed to attend any official Fraternity meetings or committee meetings unless deemed necessary by the Fraternity. Inactive members are not allowed to vote, be nominated for office, or hold office. Inactive members may not take part in the Membership Education Process unless deemed necessary by the Fraternity, in which case the Fraternity will notify them. Inactive members may not benefit from Fraternity finances in any capacity. 4. Honorary Member: Anyone who has shown sufficient interest or ability in the percussive arts, but does not meet one or more general requirements for membership (Article II; section 1). Honorary members must be voted in by a 2/3 majority vote of active membership at any Fraternity meeting. Honorary members are allowed to display Fraternity Regalia and participate in Fraternity functions as deemed necessary by the Fraternity. Honorary members have no voting privileges and are not allowed to hold office. 5. Alumni Member: A Brother who has completed four or more semesters of active membership (consecutive, not including Membership Education Process) prior to graduation. Any other special circumstances will be voted upon by the Executive Board. Alumni members, that are current with dues, may participate in official Fraternity meetings or committee meetings, but are not allowed to hold office. Alumni members can participate in the Membership Education Process and attend Fraternity social events/Fundraisers. [Article VI section 2] 4 6. Founding Fathers: The first 8 members that brought Phi Boota roota to UTPA; aka “The Brochachos” : Bernardo Efraim Macias “the Godfather”, Federico Solis Jr. “Mr. Punctual”, Alejandro Rey Padron “Money”, Gumaro Barrera “Guru”, Jesus Cervantes Jr. “J.C.”, Peter Matthew Garza “the Interpreter”, Trinidad Lopez Jr. “No. 2”, Christian Oziel Pena “Belushi”. Section 4: Admitting New Members 1. Prospective new members must be voted in by a 2/3 majority vote of active membership. 2. Probationary members are required to partake in designated initiation activities throughout a designated period of time herein called the Membership Education Process. 3. Participation and attendance during the Membership Education Process is mandatory. Only in the case of an emergency can the Vice-President of the Fraternity allow a probationary member to miss an official function. Section 5: Removing Members Reasons for Removal from Membership: 1. Revealing any confidential Fraternity information/Rituals to anyone who is not an initiated member of the Fraternity. 2. Causing the Fraternity to be looked on negatively due to inappropriate actions or speech that reflects negatively on the Fraternity including while wearing regalia. (see Article IX, section 4). 3. Purposefully causing and participating in conflict amongst Brothers in a mentally or physically harmful way. 4. Violation of any provision in the UTPA student conduct code as expressed in the Handbook of Operating Procedures. Process: 1. A written complaint must be made by an active member to the President or Vice-President to remove a member. If the President or Vice-President deems the complaint creditable, then the Executive Board (see Article III; section 2) will meet to discuss whether the complaint should be brought before the Fraternity. 2. If the Executive Board establishes a need for pursuit of action, the member in question will be notified of the complaint and will then have the opportunity to state his or her case to the Fraternity. The member has the option of presenting the case immediately or at the next meeting, so that he or she can have time to organize a defense. 3. Every member/Brother who is up for expulsion must be given due process: an opportunity to present his/her case, rebut accusations, conduct an investigation, and appeal any decisions made against him/her. 4. A vote will be conducted as to whether or not the member is to be removed. A 2/3 majority vote from the active membership is required to remove a member. 5. If a member is removed, the Fraternity reserves the right to permanently ban the member from re-entry into the fraternity under any and all circumstances. This will be decided by a 2/3 majority vote of the active membership 5 6. Once a member is removed from the Fraternity, they are immediately stripped of all Fraternity status, as well as Fraternity regalia. 7. If a removed member has not been permanently banned from the Fraternity, that member may only reapply to the Fraternity to become a prospective new member. Section 6: Petitioning Reinstatement of Active Status Reasons to Repetition Active Status 1. If a member is inactive because of financial reasons (fines, unpaid dues, etc.) 2. If a member is inactive because of absences. 3. If the member voluntarily becomes inactive. Process: 1. Inactive member informs the Executive Board that they would like to petition for reinstatement of active status. 2. Appeals for reinstatement of membership will be heard and voted on by the Executive Board. 3. Executive Board sets a meeting time before the next chapter meeting. 4. The member in question presents his or her case verbally followed by questions from the Executive Board. 5. A debate will take place for a specific amount of time to be designated by the President. At the conclusion of the debate, a vote is conducted as to whether or not the member is to be reinstated. A unanimous vote of the Executive Board is required to reinstate a member. Article III: Officers Section 1: Elected Officers 1. President- The President initiates and implements policy and oversees the operation of the Fraternity. The President will organize and preside over all official meetings by recognizing speakers, calling for a vote, announcing decisions, and declaring a meeting adjourned. The President is to remain neutral during meetings to ensure that the meeting runs smoothly. The President authorizes expenditures in times of emergency. The President must consult with the other Executive Board members, regarding policy implementation and important fraternal matters, unless emergency circumstances deem the situation vital to the Fraternity’s interests. The President should organize an Executive Board meeting to be held biweekly when school is in session for Fall and Spring semesters. 2. Vice President- The Vice President’s duties will include counting ballots, overseeing committee progress, being in charge of all social functions, and is also in charge of the Membership Education Process. The Vice President will assume all of the President’s duties in case of a presidential absence. 3. Sgt. At Arms- The Sargent At Arms is responsible for maintaining order during official Fraternity meetings, guarding the prison door during official Fraternity meetings, storage/keeping a record of all ritual supplies. The Warden has the authority to eject any person from any Fraternity related event or official meeting. The Warden should be well versed in the constitution and is in charge of enforcing the Constitution. The Warden is the Committee Chairman for the Ritual Committee. 6 4. Secretary- The Secretary is responsible for keeping a written record of all Fraternity meetings, drafting all documents, paraphernalia, reports, and any other written item. The secretary is also responsible for distributing the minutes before the next Chapter meeting. The Secretary is also the public relations liaison for the Fraternity. The secretary will count ballots if the President is absent and the Vice president is presiding over the meeting. Secretary is also responsible for the submission of the UTPA OSD student organization Update Packet. 5. Treasurer- The Treasurer is responsible for all financial matters of the Fraternity including: collecting dues and issuing receipts, supplying a weekly financial report to the Fraternity, holding emergency expenditure receipts for approval, issuing reimbursements, and all other financial-related expenditures. The Treasurer is the Committee Chairman for the Fundraiser Committee. 6. Historian- The Historian will be responsible for keeping a visual record of Fraternity events in the form of photographs, video, audio, website, and other paraphernalia to be presented to the members periodically. The Historian is responsible for presenting new additions to the Chapter scrapbook to the Fraternity every spring before new officer elections. Historian shall act as webmaster for chapter website, and will be responsible for putting together the semester newsletter. 7. Committee Chairmen- The Committee Chairmen will be responsible for their respective committees. The Chairmen will report all committee matters to the Vice President. Section 2: Executive Board 1. President 2. Vice President 3. Sgt. At Arms 4. Secretary 5. Treasurer 6. Historian Should the President be absent from an official meeting, this list should be used as a reference to the chain of command. Section 3: Responsibilities of the Executive Board 1. To make decisions on matters which do not require an official meeting. 2. To enforce rules and regulations set forth by the Constitution. 3. To enforce the individual member’s obligations as a member of the Fraternity. 4. To discuss Fraternity matters and make appropriate recommendations to be addressed at official meetings. 5. To ensure that each elected and appointed officer does his/her job adequately. 6. To inform a member who is in bad standing and take appropriate actions on said member. 7. To notify the Fraternity of any changes to regular meeting times and location. 8. To accept or deny excuses for absences from mandatory fraternal activities. 9. To attend all Fraternity and Executive Board meetings. 7 Section 4: Nominations, Elections and Terms of Officers 1. Nominations will be held at the second to last meeting of the spring semester. 2. Nominations are open to the Fraternity. Any active member may nominate a fellow Brother for an office. An active member may nominate themselves for any office with the exception of President and Vice-President. 3. Elections will be held at the meeting following the week of nominations. 4. Four Executive Board members and 2/3 of all active members must be present to conduct a vote. 5. Officers must be elected by a 2/3 vote of active membership present. Run-off elections will be held immediately and until a decision is reached. 6. The term of office of all officers is one full school year beginning one week after the spring vote. a. All Committee Chairmen will be appointed at the second meeting of the fall semester by the Executive Board. b. The dates of nominations and elections are subject to change. c. To be eligible to run for President or Vice President, the candidate must have been active for at least two consecutive semesters prior. 7. A member may not occupy two executive offices simultaneously unless deemed necessary by the Fraternity. Section 5: Removal of Officers Reasons for Removal: 1. Neglecting the responsibilities required of that office. [Article III; section 1] 2. Publicly acting in such a fashion that reflects poorly on the Fraternity. 3. Consistently being absent or tardy to mandatory events. 4. Making decisions that are not in the best interests of the Fraternity. Process: 1. A written complaint must be presented to the Executive Board. If the officer in question is a member of the Executive Board, he or she may not be present during the discussion of the complaint. 2. If the Executive Board establishes a need for disciplinary action, the officer in question will be notified of the motion and will then have the opportunity to state his or her case to the Fraternity. The officer has the option of presenting their case immediately or at the next official meeting, so that he or she may have time to organize a defense. 3. Every officer who is up for expulsion must be given due process: an opportunity to present his/her case, rebut accusations, conduct an investigation, and appeal any decisions made against him/her. 4. Following the officer’s chance to state his/her case, the officer will be asked to step out of the meeting. Then a debate will take place for a specific amount of time to be designated by the presiding officer. At the conclusion of the debate, the presiding officer will conduct a vote as to whether or not the officer is to be removed from office. A 2/3 majority vote of the Executive Board is required to remove an officer from office. 5. Once removed from office, the officer is stripped of all fraternal authority. Section 6: Emergency Elections 1. An Emergency Election may be called to fill unexpected vacancies for any officer. 2. The general election procedures apply. 8 Article IV: Meetings Section 1: Chapter Meetings 1. The Fraternity will conduct one official meeting per week at a consistent time and day as decided by the Fraternity. 2. Attendance at all official Fraternity meetings is mandatory unless arrangements are made with the Executive Board, or in the case of a committee meeting, the Committee Chairmen. 3. The Fraternity must be notified a week in advance on any changes to meeting time or place. Any fines accrued due to late notification of meeting changes will be voided. Section 2: Emergency Meetings 1. In the case of an emergency, the President or Vice President may call an emergency meeting. 2. Emergency meetings may be called if a matter arises requiring the Fraternity’s immediate attention 3. Attendance is mandatory, unless a valid written excuse is presented to the Executive Board, there will be no penalty if the excuse is voted on as acceptable by 2/3 vote of the Executive Board. 4. Notification of the emergency meeting must be made to the Fraternity as soon as possible. Article V: Committees Section 1: Standing Committees 1. Membership Education 2. Ritual 3. Fundraising 4. Service/Social 5. Constitutional Section 2: Special Committees 1. When necessary, committees will be set up to cover the Fraternity’s needs for as long as the Fraternity deems necessary. 2. Special Committees will be created and overseen by the Vice President Section 3: Committee Chairmen The committees will be headed by a chairman to be appointed by the Executive Board and will act in accordance with Article III; section 1, number 7. Article VI: Fraternity Finances Section 1: Dues 1. Dues are to be paid to the Treasurer. 2. Dues for returning members of the Fraternity will be a set amount, determined by the Executive Board at the first meeting of the school year. A deadline for dues will be set at the beginning of each semester by the Executive Board. 3. Dues for probationary members will be determined by the Executive Board at the first meeting of the school year and must be paid prior to initiation into the Fraternity. 9 a. Brothers will receive their chapter jerseys on the night of their initiation. b. The Fraternity will use the dues required for probationary members to purchase these jerseys and additional Regalia as determined by an annual vote. 4. If a member does not pay their dues to the Treasurer by the set date, they will incur an extra $10 charge to be paid with that semester’s dues. If after 4 weeks the debt has not been paid, the member will be pushed to inactive status, and a $5 fine will be charged for each additional month that dues are not paid in full. Members must pay all debts before they are able to petition for reinstatement of active status 5. Any member may arrange a payment plan with the treasurer as described in Article VI, Section 3. 6. Any member who has unpaid dues or fines from the previous semester will immediately become inactive. Section 2: Alumni Dues 1. In order for an Alumni member to be eligible for, and retain such privileges as : 1. The ability to attend Fraternal functions such as rush/social events, fundraisers, and meetings. 2. The ability to receive the biannual (one per semester) Fraternity newsletter (UTPA chapter). He/She must be current with dues by making a minimum donation of $20 per semester to the UTPA chapter of Phi Boota roota. Section 3: Payment Plans 1. To use a payment plan and remain active, a Brother must arrange a payment plan with the Treasurer no later than one week before dues are to be turned in. 2. Brothers will be required to pay at least one-third of their dues up front. 3. Under the payment plan, Brothers must finish paying their dues within one month. 4. In the case that a Brother needs an extension, they should: i. Arrange to ask the executive council for permission for an extension. ii. The Brother must propose a date to complete their dues payment or to continue with their payment plan. iii. A 2/3 majority from the Executive Board is required to pass an extension request. 5. Failure to comply with the above will result in being pushed inactive, and a $5 fine will be charged for each additional month dues are not paid in full. Section 4: Fines 1. If a member is unexcused from an official Fraternity meeting or function, they will incur a $10 charge to be paid by the end of the semester incurred. 2. If a member is unexcused from an official Fraternity fundraiser, they will incur a $20 charge to be paid that semester. 3. If a member is absent from initiation, they will incur a $30 fine. 4. Fines incurred are paid to the Treasurer and must be deposited into the Fraternity’s account. 10 5. Excuses should be submitted in written form no less than 5 days before the event, except in the case of an emergency. Excuses should be submitted to the President and VicePresident for approval, and then given to the Secretary to be filed. 6. Fines will be decided on a case-by-case basis by the Executive Board by a 2/3 vote. 7. Active members with three or more unpaid fines will be pushed inactive immediately. Members must pay debts before they are able to petition for reinstatement of active status. Section 5: Fundraisers 1. It is the responsibility of the Treasurer and the fundraising committee to plan and notify the Fraternity of any and all fundraisers with four weeks advance notice. [Article III; section 1, number 5] 2. All funds raised by any successful fundraisers shall be deposited by the Treasurer into the Fraternity’s account. Section 6: Distribution of Fraternity Funds 1. Funds can be distributed to be used to buy or repair equipment, fund service projects for UTPA’s Percussion Studio and the musical community. Funds may also be used for fraternal functions, and donations to active members of the Fraternity to help with monetary fees for percussion related events, i.e. drum corps, PASIC, scholarships or other distinguished percussion related events, and as donations to charity or other organizations connected to UTPA. 2. Priorities for Fund Distributions: 1. UTPA Percussion Studio (repairs, equipment) 2. Fraternal Functions (rush events, socials) 3. Member Donations (scholarships, tour fees) 4. Donations to Separate Organizations (local schools, other UTPA organizations) 3. The fraternity is a professional organization for the School of Music’s Percussion Studio; any monetary conflicts should be resolved by using the priority list above. 4. Any semester, in which there are 20 or more active Brothers, an amount of no less that $200 should be set aside for use to buy or repair instruments, as well as for service projects for the UTPA Percussion Studio, unless voted otherwise by the Fraternity with 2/3 vote of active membership. 5. If there are 10 or less active Brothers, an amount of no less than $75 is to be set aside. Article VII: Parliamentary Authority The rules contained in the most current edition of Robert’s Rules of Order shall govern the chapter in all cases to which they are applicable. Article VIII: Family Legacy 1. Each prospective member will be given a Big Brother. 2. Prospective members herein will be referred to as Little Brothers. 11 3. To be eligible to be a Big Brother you must have been active the entire previous semester and be in good standing with the Fraternity. 4. Procedure for selecting Little Brothers: a. Executive Board Members with 0 little brothers. b. Brothers with 0 little brothers oldest to youngest (fraternally) organized alphabetically within their fraternal age. c. Brothers with 1 little brother oldest to youngest (fraternally) organized alphabetically within their fraternal age. d. Brothers with 2 little brothers oldest to youngest (fraternally) organized alphabetically within their fraternal age. e. Etc. Article IX: Fraternity Regalia Section 1: Fraternity Colors Primary: Purple and Black Secondary: Green and Black Section 2: Fraternity Flower African Violet Section 3: Fraternity Tree Holly Tree Section 4: Delta Phi Chapter Jersey 1. Black Jersey. 2. On the front should be the Greek letters Phi, Boota, and roota, with the Phi and Boota being 4.5 inches tall and 4.5 inches wide and the roota being 3 inches tall and 2.5 inches wide. 3. The letters Phi, Boota, and roota should be double stacked with white in the background and purple in the foreground. 4. Big Brother’s name and “lil” should be on the back with letters being 2 inches tall and 1 inch wide with white letters. 5. ΔΦ should be on the left sleeve, 2 inches tall and 1 inch wide with white letters. 6. Semester crossed and year should be on the right sleeve, 2 inches tall and 1 inch wide with white letters. Section 5: Fraternity Representation Note: the following rules apply to behavior while wearing Regalia (specified in Article IX, section 4, number 1) in the presence of non-Brothers. 1. Brothers are not permitted to wear any Fraternity t-shirts, pins, jerseys, or anything bearing the letters Phi Boota roota (henceforth referred to as Regalia) while under the influence of alcohol. 2. Brothers are not permitted to commit any illegal act while in Regalia. 3. Brothers should not use excessive profanity while in Regalia. 4. If a Brother shows repeated disregard for the aforementioned rules, they are subject to be removed from membership (see Article II section 5). 12 Article X: Amending Constitution Procedure to propose an amendment: 1. Written proposal must be submitted to the Constitution Committee Chairman. 2. Constitution Committee will then discuss if the proposal is an appropriate constitutional amendment. 3. If the Constitution Committee deems the proposal appropriate, the Constitution Committee Chairman will present the proposal to the Fraternity at the next official meeting. 4. A debate will be held at the next Constitution Committee Meeting, and any revisions will be made at that meeting. 5. Prior notice will be given for proposed amendments before a vote will take place. 6. A vote will then be held at the next official Fraternity meeting. A 2/3 majority vote of active membership is required to pass an amendment. 7. Absentee ballots will only be used in the case that a member has informed either the President or Vice President of extenuating circumstances. If the President and Vice President deem circumstances are extenuating, then the member’s vote will be counted. 8. Any amendment proposed by the Constitution Committee must be approved by the CSO (Committee on Student Organizations) 9. If the amendment is passed, it will immediately take effect. 10. Any further amendments to this constitution will be formatted after the Constitution of the United States of America and will be added as amendments at the end of the original constitution.