POLICIES AND RULES GOVERNING
THE CONDUCT OF HEARINGS
Adopted by the
American Mensa Committee
November 29, 1980
Amended March 30, 1985
STATEMENT OF POLICY
The accompanying Rules, and any subsequent amendments, are adopt-
ed 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 Hear-
ings 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 determina-
tions 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 pre-
viously 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 state-
ment 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 under-
stands 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 sanc-
tions 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
docu-
mentation may be included with the charges.
RULE 5
A. The Hearings Committee shall promptly decide whether
suffi-
cient 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 complain-
ant.
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.
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 Commit-
tee, 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
disquali-
fied from continuing to serve as such solely because a new offic-
er 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 consti-
tuted.
RULE 7
If a hearing is to be held, the time and place 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 hear-
ing, 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
evi-
dence 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 wit-
nesses;
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
discov-
ery;
I. All hearings shall be tape recorded and the tapes
shall
become part of the record.
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
evi-
dence;
D. Order that witnesses be sequestered;
E. Order that testimony be given under oath;
F. Order that any disruptive person be removed from
the hearing
room; 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
recom-
mending the suspension or expulsion of a member, the Chairman of
American Mensa shall cause such decision to be copied and dis-
tributed 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 expul-
sion shall have the right, in person or by his or her representa-
tive, 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 not to hear charges, or after a
decision has been rendered following a hearing, all documents and
recording tapes in the possession of the members of the Hearings
Committee which relate to the charges and form part of the 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
constitut-
ed" 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
not exceeding $500
per person 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 Commit-
tee 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.
2. The Hearings Committee is
authorized to expend 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 Com-
mittee's approval and by receipts or other evidence of payment.
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
alrea-
dy 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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