Hearing Rules December 2002

APPENDIX 5: Policies and Rules Governing the Conduct of Hearings
(see 1980-105, 1989-017, and 2001-062)

Adopted by the American Mensa Committee
November 29, 1980
Amended March 30, 1985; July 7, 2001; and December 1, 2001

STATEMENT OF POLICY

The accompanying Rules, and any subsequent amendments, are adopted by the American Mensa Committee in fulfillment of its duty to assure all members of the society a fair and impartial hearing of any charges brought under Article IX (5) of the American Mensa Bylaws. The Rules are binding upon all members of American Mensa.

Copies of these Rules shall be available to any member upon request to the Executive Director or to any member of the Hearings Committee.

The function of the Hearings Committee is limited. It is to:

1. Receive and review charges of acts inimical to Mensa brought before it;

2. Determine whether sufficient facts have been alleged to warrant the holding of a hearing on some or all of such charges;

3. Judge whether or not the preponderance of the evidence presented in a hearing shows the accused to have committed the acts alleged; and

4. Impose sanctions, as specified in the Bylaws, if the accused is adjudged to have committed an act or acts inimical to Mensa.

Thus, the function of the Hearings Committee is only to hear and decide charges of acts inimical to Mensa, i.e. acts that are divisive or otherwise harmful to the society as a whole. It is to rule on the facts as presented to it, and to make determinations from those facts only. The Hearings Committee does not exist to resolve personal conflicts between members, nor is it a peacemaker, mediator, arbitrator, or counselor. Those roles are assigned to others under the Dispute Resolution Procedures previously adopted.

In order to properly perform its functions, all members of the Hearings Committee must maintain an arms-length impartiality in all matters pertaining to charges, or the possibility of charges, of acts inimical to Mensa. Specifically, members of the Hearings Committee must:

1. Refrain from giving counsel as to whether charges should or should not be filed;

2. Insist that all communications between any individual and a Hearings Committee member with respect to charges or a pending hearing be in writing; and

3. Transmit to the other members of the Hearings Committee all communications received with respect to charges or a pending hearing that have not also been received by the other members. The Hearings Committee is a standing committee. However, its membership is not fixed for the hearing of a particular complaint until after any challenges to its composition have been decided. Thus, from time to time there may be formed different panels of the Hearings Committee consisting of different members.

RULES GOVERNING THE CONDUCT OF HEARINGS

RULE 1

A. Charges of acts inimical to Mensa may be made by any member or group of members or by mandate of a majority vote of the members present and voting at an Annual Business Meeting.

B. In the event of charges brought as the result of a mandate from the members at an Annual Business Meeting, the Chairman of American Mensa shall select one or more Mensa members to act for the membership in the matter., i.e. to collect evidence, prepare the written charges, and to act as complainants.

RULE 2

Deliberately making a false or misleading oral or written statement to the Hearings Committee with regard to a proceeding before it is an act inimical to Mensa for which sanctions may be imposed by the Hearings Committee.

RULE 3

Charges of acts inimical to Mensa shall not be considered by the Hearings Committee unless they are in writing, are signed by the individual(s) making the charges, and contain:

A. A specific statement of each act inimical to Mensa alleged to have been committed,

B. The name(s) of the individual(s) alleged to have committed each act,

C. Sufficient facts in support of the charges to convince the Hearings Committee that a hearing is warranted, and

D. An acknowledgement by each complainant that he or she understands that deliberately making a false or misleading oral or written statement to the Hearings Committee with regard to a proceeding before it is an act inimical to Mensa for which sanctions may be imposed by the Hearings Committee.

RULE 4

Charges shall be filed by delivering them to the Chairman of the Hearings Committee as originally constituted. Supporting documentation may be included with the charges.

RULE 5

A. The Hearings Committee shall promptly decide whether sufficient facts have been alleged to warrant the holding of a hearing on some or all of the charges. A copy of this decision of the Hearings Committee shall promptly be furnished to the complainant.

B. If it is decided that a hearing should be held, the Hearings Committee shall promptly:

1. Notify the accused by furnishing the accused with a copy of the decision to hold a hearing together with a copy of the charges and any supporting documentation.

2. Notify the Chairman of American Mensa and the Ombudsman by furnishing each of them with a copy of the charges and of the decision to hold a hearing.

3. Transmit to the parties a list of the names of the members of the Hearings Committee as originally constituted plus a list of the names of the next three individuals eligible for the Hearings Committee pursuant to the bylaws.

4. Transmit to the parties the name of the person who will act as liaison between the Committee and the parties on matters of procedure.

5. (a) Instruct the liaison referred to in Rule 5.B.4 to ask the accused whether the accused contests the charges. If the accused does not contest the charges, the accused waives the right to a hearing, and the Hearings Committee may render a decision (Rule 12).

(b) Notwithstanding the result of the inquiry referred to in part (a) of this section, failure by the accused to timely cooperate with a legitimate request by the Hearings Committee or by the liaison may result in waiver of a hearing, and the Hearings Committee may render a decision (Rule 12)."

RULE 6

A. Any party wishing to challenge a member of the Hearings Committee as originally constituted must do so by notice in writing to the Hearings Committee Chairman within fifteen days of receipt of the original list. The notice shall state the name of the member being challenged and the reasons for the challenge. If, in the judgment of the other members of the Hearings Committee, the challenge is warranted or the challenged member is incapacitated or otherwise unavailable, that member shall not serve and the vacancy shall be filled as set forth in the Bylaws.

B. The Hearings Committee shall notify the parties of its decision regarding any and all challenges. If a new member is added to the Hearings Committee to fill a vacancy, that new member is subject to challenge as above.

C. No member of a Hearings Committee panel shall be disqualified from continuing to serve as such solely because a new officer has been elected to serve on the American Mensa Committee, thereby removing such panel member from the list of persons eligible to serve on the Hearings Committee as originally constituted.

RULE 7

If a hearing is to be held, the time, means, and/or venue thereof shall be determined by the Hearings Committee, but in no event shall the hearing be held earlier than thirty days after notice of the charges has been given to the accused."

RULE 8

A. The Hearings Committee shall have the authority to appoint one or more persons to assist it for such other purposes as the Hearings Committee deems appropriate. No person who has any direct interest in the subject charge may be so appointed.

B. The Hearings Committee shall have the authority to appoint one or more persons to assist a party in the prosecution or defense of charges whenever such action is necessary in the interest of a fair hearing or to otherwise prevent manifest injustice.

RULE 9

All decisions of the Hearings Committee regarding any matter pending before it, whether such decisions be prior to any hearing, during a hearing, or after a hearing, shall be made by majority vote of the Hearings Committee as then constituted.

RULE 10

The following procedures shall apply to all hearings:

A. The parties are responsible for presenting sufficient evidence to support or refute the charges;

B. Each complainant shall be offered a fair opportunity to present all relevant evidence in support of the charges;

C. Each accused shall be offered a fair opportunity to present all relevant evidence in defense against the charges;

D. The parties may call and question witnesses in their behalf, and the parties themselves may be called and questioned as witnesses;

E. The Hearings Committee shall have the right to call and question witnesses and to question any witness called by the complainant or an accused;

F. Any party shall have the right to be represented by another person of his or her choosing;

H. The Hearings Committee shall have the right to limit discovery;

I. All hearings shall be recorded verbatim. The verbatim record shall be part of the official record of the hearing. The verbatim record shall be a recording or signed hard copy printout in case of an on-line chat.

J. If the Hearings Committee permits or requires any party to file additional documentary evidence or written argument, copies thereof shall be transmitted to the other parties, and the other parties shall then have twenty days in which to file comments or a response with the Hearings Committee.

K. Subject to the provision of Rules 11.D. and F., and subject to a specific order of the Hearings Committee to the contrary, any member shall be entitled to attend the hearing.

RULE 11

The Hearings Committee shall have broad discretion with respect to the conduct of hearings. By way of illustration, but not of limitation, the Hearings Committee may:

A. Dismiss charges;

B. Limit any testimony that is irrelevant or cumulative;

C. Rule on the admissibility of documentary or physical evidence;

D. Order that witnesses be sequestered;

E. Order that testimony be given under oath;

F. Order that any disruptive person may be removed from the hearing or;

G. Take any other action that it deems appropriate or necessary for the fair, orderly, and efficient conduct of the hearing.

RULE 12

A. A decision shall be rendered by the Hearings Committee as soon as possible after the conclusion of the hearing.

B. The decision shall be in writing and shall include:

1. A general statement of the case;

2. A statement of the facts as found by the Hearings Committee;

3. A statement of each charge heard, together with the Hearings Committee's decision thereon, including its reasoning, and the sanction to be imposed, if any.

C. If the Hearings Committee decides that the charges brought by a complainant were brought frivolously or maliciously, the Hearings Committee may impose sanctions on the complainant for committing an act inimical to Mensa.

D. A copy of the final decision shall promptly be furnished to the Chairman of American Mensa, to the appropriate Regional Vice Chairman, to the Ombudsman, and to each of the parties.

E. If the decision of the Hearings Committee is not unanimous, the dissenting member may append his/her dissenting opinion to the decision of the majority.

F. Within twenty days after the issuance of an opinion, any party may file with the Hearings Committee a written request for modification of the opinion, for reconsideration, or for similar relief. The Committee shall take such action thereon as it deems appropriate in the circumstances, and shall advise all parties of the action taken.

RULE 13

A. Upon receipt of a decision of the Hearings Committee recommending the suspension or expulsion of a member, the Chairman of American Mensa shall cause such decision to be copied and distributed to all members of the American Mensa Committee prior to the meeting at which the decision will be reviewed.

B. The complainant and each accused facing suspension or expulsion shall have the right, in person or by his or her representative, to address the American Mensa Committee at the meeting at which the decision is reviewed. The parties may there argue such issues as they deem appropriate in the circumstances. Each party intending to address the American Mensa Committee shall so notify the Chairman of American Mensa prior to the day of the meeting.

C. Each party shall be permitted to speak for a maximum of fifteen (15) minutes. The complainant may reserve a portion of his or her allotted time for rebuttal.

D. After all parties wishing to speak have been heard, the American Mensa Committee shall vote on the decision rendered by the Hearings Committee. A separate vote shall be taken on each charge which has been found valid and for which a sanction of suspension or expulsion is recommended by the Hearings Committee. The American Mensa Committee may vote to:

1. Concur with the Hearings Committee;

2. Concur with the Hearings Committee's finding of fact, but reduce the sanction;

3. Decline to concur with the Hearings Committee;

4. Return the matter to the Hearings Committee for the development of additional facts or for clarification of the decision. If the matter is returned to the Hearings Committee, the decision shall be deemed withdrawn and the Hearings Committee shall issue a new decision.

E. Any sanctions approved shall take effect immediately.

RULE 14

After a decision has been made . . . the official record, including the verbatim record referred to in Rule 10.I, all documents that relate to the charges, and any and all other parts of the official record, shall be forwarded to the Executive Director for storage in the National Office.

RULE 15

The Hearings Committee may adopt standing rules of procedure and operation to supplement these Rules, provided that such rules are not in contravention of these Rules, and provided further that copies of such rules are promptly presented to the American Mensa Committee.

RULE 16

A. Each gender used herein shall include the other gender, and singular shall include plural, and vice versa, as the context requires.

B. The parties may, by mutual agreement and with the approval of the Hearings Committee, extend or shorten any period of time provided under these Rules.

C. The phrase "the Hearings Committee as originally constituted" means those members of the Hearings Committee who would be permitted by the Bylaws to serve and who have not declined to serve. The composition of the panel which ultimately hears charges may be different if a member later resigns or is removed following a challenge.

D. 1. The reasonable and necessary costs incurred by the Hearings Committee members, by persons appointed by the Chairman of American Mensa to act on behalf of the membership, and by persons appointed by the Hearings Committee to assist it, a complainant, or an accused, shall be borne by the society. Requests for reimbursement of any such costs not paid directly by the society shall be supported by receipts or other evidence of payment in accordance with then-current AMC reimbursement procedures.

2. The Hearings Committee is authorized to spend up to $3,000 for such additional costs incurred in connection with a proceeding before it as it deems necessary and appropriate. Requests for reimbursement of any such costs not paid directly by the Society shall be supported by evidence of the Hearings Committee's approval and by receipts or other evidence of payment, in accordance with then-current AMC reimbursement procedures.

3. The Executive Committee may authorize payment of such additional costs incurred in connection with a proceeding before the Hearings Committee as it deems necessary and appropriate.

E. The parties and their witnesses shall bear their own costs (including legal fees) unless both the Hearings Committee and the American Mensa Committee vote to approve reimbursement of some or all of such costs.

F. Amendments to these Rules shall apply to a proceeding already initiated only upon the unanimous written consent of the parties involved.

G. These Rules and any amendments thereto shall be effective when adopted by the American Mensa Committee.

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