MEMORANDUM 00-3

January 28, 2000

At its meeting on January 6, 2000, the AALS House of Representatives revised Bylaw 5-3(c), repealed Bylaw 5-3(d), and revised Bylaw Article 7 (7-1 through 7-4) concerning sanctions. The text of the new bylaw provisions is attached.

Sanctions have been imposed rarely in the history of the Association and not for many years. However, the bylaws contained an ambiguity concerning authority to impose sanctions and had been drafted in a manner that rendered them not reasonably adaptable to varied situations. The new bylaws remove a potential inconsistency between Bylaw 5-3 and Bylaw Section 7 and make it clear that the Executive Committee cannot impose a sanction without the possibility of review by the House of Representatives. Consistent with actual practice, the new bylaws also emphasize that consultation should normally proceed the imposition of a sanction.

Attachment

Section 5-3. Powers and Duties. The Executive Committee shall ...

c. Impose or recommend sanctions upon member schools in accordance with Article 7.

d. [deleted]

Section 7-1. Applicable Sanctions.

a. Prior to imposing or recommending a sanction, the Executive Committee shall, to the extent feasible, provide a member school with reasonable opportunity to correct noncompliance with the requirements of membership. In the event of a material failure to comply with the requirements of membership, a member school may be censured, placed on probation, suspended, or excluded from membership. Except in extraordinary circumstances, no school shall be suspended or excluded from membership unless it has been previously placed on probation.

b. Censure shall not result in a loss of the privileges of membership. Probation shall result in the loss of particular privileges of membership only if imposed by the Executive Committee and, if appealed, approved by the House of Representatives. Suspension shall result in a loss of the privileges of membership unless the Executive Committee recommends and the House of Representatives approves continuation of particular privileges. Exclusion shall result in the loss of all privileges of membership.

c. The imposition of any sanction shall be published in relevant publications of the Association.

Section 7-2. Action by the Executive Committee.

a. If the Executive Committee finds that a member school has materially failed to comply with the requirements of membership and concludes that a sanction should be imposed, it shall inform the dean and the chief executive officer of the institution of the deficiency and censure the member school or its parent institution or both, place the school on probation, or recommend to the House of Representatives that it take action to censure, place on probation, suspend or exclude.

b. A member school may appeal to the House of Representatives for review of a sanction imposed by the Executive Committee by filing a written notice of appeal with the Executive Director within twenty days after notice is given of the initial decision by the Executive Committee to censure the member school or its parent institution or both or to place the school on probation. If the school appeals, the effect of the Executive Committee's action shall be stayed until the House of Representatives acts on the appeal. The procedures for the appeal shall be those specified by regulations adopted by the Executive Committee. The President shall take the steps necessary to assure the orderly and fair consideration of the appeal by the House. Representatives of the school are entitled to the privileges of the floor during the consideration of its appeal by the House.

Section 7-3. Action by the House of Representatives. If the Executive Committee recommends that the House of Representatives take action with respect to a member school, the Executive Committee shall give the member school written notice of its recommendation at least one month before the House of Representatives meets to consider the recommendation. The House may not act with respect to a school's membership without first obtaining a recommendation from the Executive Committee. Representatives of the school are entitled to the privileges of the floor during the House's consideration of a recommendation for action.

Section 7-4. Duration of Sanctions; Reinstatement.

a. If the Executive Committee or the House of Representatives finds that a member school is in compliance with the requirements of membership, it shall remove the school from probation or suspension and restore the school to full membership.

b. A school may remain on probation for no more than two years, unless the Executive Committee, for good cause shown, extends the probation. If the Executive Committee finds that a member school that is on probation is not taking steps sufficient to bring it into compliance with the requirements of membership in a reasonable time, it shall recommend that the House suspend or exclude the school, whichever is appropriate. After two years, probation shall expire if the Executive Committee has not removed or extended probation or recommended to the House that it suspend or exclude the school.

c. The same procedures specified in Bylaw 7-2(b) shall apply to an appeal by a school from a decision by the Executive Committee not to remove the school from probation. If the House finds upon hearing such an appeal that the school is currently in compliance with the requirements of membership, then it shall remove the school from probation.

d. If a school whose membership is suspended is not restored to full membership at or before the second Annual Meeting after having been suspended, it is excluded from membership in the Association at the end of that Annual Meeting without further action by the House. For good cause shown, the Executive Committee may extend suspension for one year.

e. A school that has been excluded from membership may regain its membership by making an application for membership as any other nonmember school and by meeting the requirements therefor.

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