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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