PROPOSED AMENDMENT TO SANCTION
PROVISIONS
OF ASSOCIATION BYLAWS:
SECTION 5-3 AND ARTICLE 7
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.
CURRENT
SANCTION PROVISIONS
OF ASSOCIATION BYLAWS:
SECTION 5-3 AND ARTICLE 7
Section 5-3. Powers and Duties. The Executive
Committee shall:
. . .
c. Have power to reprimand, censure or
suspend member schools.
d. Give thirty-day censure, suspension or
exclusion notice to members charged with failure to fulfill the obligations of
membership in the Association.
. . .
ARTICLE
7. SANCTIONS
Section 7-1. Applicable
Sanctions. If a member school has materially failed to meet the requirements of
membership but is currently in compliance, it shall be censured. If a member school is materially failing to
meet the requirements of membership but is taking steps that will bring it in
compliance in a reasonable time, it shall be placed on probation. If a member school is materially failing to
meet the requirements of membership, is taking steps that will bring it in
compliance but these steps may not be completed in a reasonable time, it shall
be suspended. If a member school is
materially failing to meet the requirements of membership and is taking no
steps designed to bring it in compliance in a reasonable time or it lacks the
capacity to do so, it shall be excluded from membership.
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, it shall inform the dean and the chief executive officer of the
institution of the deficiency and shall in accordance with Sec. 7-1 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.
b. A member school may appeal to the House
of Representatives for review of the action taken 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. The same procedure
applies to an appeal from a decision by the Executive Committee not to remove
the school from probation within the time limits specified in Section
7-3(b). If the President finds that the
interests of the member school, the Association and legal education would be
served thereby, the President may stay the effect of the Executive Committee’s
action 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.
a. 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.
The House shall act on a recommendation in accordance with Sec. 7-1.
b. If the Executive Committee finds that a
member school that is on probation is not taking steps sufficient to bring it
in compliance with the requirements of membership in a reasonable time, it
shall recommend that the House suspend or exclude the school, whichever is
appropriate. If a member school that is
on probation does not have its probation removed within two years of the
school’s being placed on probation, and the Executive Committee has not
exercised its power to extend probation for one additional year, the Executive
Committee shall recommend that the House suspend or exclude the school,
whichever is appropriate. If this
recommendation is appealed, and the House finds that the school is currently in
compliance with the requirements of membership, then, in accordance with Sec.
7-4, it shall remove the school from probation. 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 these times by
one year.
Section 7-4. Reinstatement. If the Executive
Committee finds that a member school is in compliance with the requirements of
membership, it shall remove the school on probation from probation and, if
expressly authorized by the House of Representatives to do so, restore the
suspended school to full membership. If
it finds that a member school is in compliance with the requirements of
membership, the House of Representatives shall remove the school from probation
or restore the suspended school to full membership, as the case may be. 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.
Home