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ICC Standing Rules Relevant to Sexual Harassment and Assault

Page history last edited by PBworks 13 years ago

Standing Rules.pdf

Chapter 6 Referral & Expulsion

6.1 REFERRAL (72*79/97, 77/06)

6.11 DEFINITION OF REFERRAL: Referral is a probationary process that allows a house to both provide an incentive for members to improve their conduct and a notification to future houses that this member might be a problem.

6.12 GROUNDS FOR REFERRAL: Specific grounds for referral shall be:

A) Nonpayment of charges, membership share, fee or other ICC assessment,

B) Nonwork,

C) Generally unacceptable or uncooperative behavior

6.13 PROCEDURE: (88/04)

A member may be placed on referral by the following methods:

6.131 A house may place on referral a current house member or a member who has had a contract at that house within the last three weeks by the following methods:

A) By the House Treasurer and one other House Officer, for nonpayment.

B) By the Work Manager and one other House Officer, for nonwork.

C) By a petition signed by a simple majority of house or 20 house members, whichever is lower, for generally unacceptable or uncooperative behavior (see Chapter 7).

E) By a vote of the house at a house meeting for any of the above reasons. In this case, the member must be notified in advance and a reasonable attempt must be made to allow the member to attend and speak in his/her defense.

6.132 Any ICC member may be placed on referral by the following methods:

A) By at least two Sexual Harassment Resource Team members, for sexual harassment as defined in the ICC Sexual Harassment Policy. In cases of sexual harassment, SHRT can put the accused member on referral whether or not the complainant and accused are members of the same house. (28/98)(91/0102)

B) By the Membership Committee as defined in section 6.29

When a vote of the house is to be taken in cases concerning harassment and/or discrimination, a representative of the ICC to be appointed by the General Manager shall be present. (28/98)

6.14 NOTIFICATION: (88/04) A referral form must be given to any member placed on referral, explaining the grounds for referral and what actions are required for removal. A copy of the referral form must be given to the Director of Member Services to be placed in the member's file.

6.15 CONSEQUENCE OF REFERRAL: A member placed on referral has one week to file an appeal. After one week, any future contracts signed previous to the referral are void. If the member appeals, the spot will be held during the appeal process. A member who is on referral may not be issued an advance contract (i.e. for an upcoming term) for their own or any other ICC house, without being voted in by the house where they want to become a member. However, spaces may be held in accordance with Section 6.18. In the case of referral by MemCom or SHRT, the group that placed the member on referral must be consulted and have an opportunity to send a representative to the meeting where the member is being voted into the house. (17/96)

6.16 APPEAL: Any member placed on referral may file an appeal within one week. S/he can appeal it to the house or body that put her or him on referral, to the Membership Committee, or, in the case of referral by the Membership Committee, the Coordinating Committee. No decision to place a member on referral shall be overturned or otherwise set aside unless it can be proven that there was an error or omission in the procedures or unless clear evidence contradicting the grounds of referral is shown. (28/98) (88/04)

6.17 REMOVAL FROM REFERRAL A member may be removed from referral at any time by the body that placed the member on referral. In the case of referral by MemCom or SHRT, the member may be taken off referral by the house they live in after four weeks of living in that house while on referral. In this case, the group that placed the member on referral must be consulted and have an opportunity to send a representative to the meeting where the member is being considered for removal from referral. If a member is removed from referral, the house president or other presiding officer must fill out a "Referral Removal Form" and a copy of the form must be given to the Director of Member Services to be placed in the member's file. (28/98)(90/0102)

6.18 HOLDING SPACES FOR MEMBERS ON REFERRAL: If a member who has an contract for a future period voided as a result of being placed on referral or if a member on referral wishes to sign a contract, then the member's space shall be held with the approval of the house which the member wishes to sign at.

  

6.2 EXPULSION

6.21 GENERAL: Expulsion is the severest penalty that can be imposed on a member of the ICC. Expulsion is the termination of a person’s membership in the ICC with all of the rights and responsibilities contained therein. (45/97)

6.22 GROUNDS FOR EXPULSION: (42/88) Specific grounds for expelling a member shall be:

a) Nonpayment of charges, membership share, fee or other ICC assessment,

b) Nonwork,

c) Actions prohibited in the contract or in ICC or house rules,

d) Actions which constitute a significant threat to the health, safety or welfare of coop members, whether or not such actions are also subject to penalties under civil or criminal law, or

e) Generally unacceptable or uncooperative behavior (see Chap 7).

6.23 RIGHTS OF MEMBERS: Every member against whom expulsion proceedings have been undertaken shall have the following rights:

a) Four days written notice of the time and place of the hearing and the alleged ground for the action is given to said member and conspicuously posted in his/her coop.

b) A fair and open hearing before the body which is to decide the question of expulsion.

c) An opportunity to speak in his/her own defense.

d) To call witnesses as to facts relevant to the reason the person is being expelled to testify either orally or through written statements.

e) To be informed of procedures to be used during the hearing, and

f) To be informed of consequences of expulsion (45/97) (87/04)

6.24 EXPULSION HEARING: The body hearing the expulsion may provide for procedures for expulsions provided that these procedures do not violate the procedures outlined below. Such hearing shall be considered fair and sufficient if:

a) NOTICE: Four days written notice of the time and place of the hearing and the alleged ground for the action is given to said member and conspicuously posted in his/her coop.

b) OPEN HEARING: The hearing is open to all members of the house(s) and other appropriate people concerned with or affected by the issue.

c) DEFENSE: Said member has an opportunity to speak in his/her own defense.

d) WITNESSES: Witnesses as to facts relevant to the reason the person is being expelled may be called forth by interested parties to testify either orally or through written statements.

e) TIME OF HEARING AND DECISION: The hearing and decision may take place at the same meeting or at different times. The deliberation and decision process will be open only to the deciding body. Since most coop members are not expert in the procedures necessary for expulsions, it is required that a body seeking expulsion consult with the General Manager (or other designated staff member) for assistance prior to a hearing. In cases concerning harassment and/or discrimination a representative of the ICC to be appointed by the General Manager shall be present. Documentation for expulsion and house minutes shall be compiled and sent to the ICC office. (42/88) (28/98)(77/06)

 

6.25 POST EXPULSION PROCEDURES: Following a vote to expel by a relevant body, the member in question shall be given a Membership Termination form by ICC Staff, which outlines when the member must vacate premises and the amount that the member shall be responsible for paying to the ICC. At the same time, appropriate legal documents shall be given to the member. A fully detailed procedure can be found in the membership Policy Manual. (87/04)

6.26 CONSEQUENCES OF EXPULSION: An individual who has been expelled by the ICC or an ICC house: (87/04)

A) has his/her membership in the ICC terminated,

B) may not be reinstated as a member of the ICC,

C) will be evicted if still residing on ICC property,

D) surrenders all rights and responsibilities of membership in the ICC including, but not limited to:

i) living in an ICC house

ii) boarding in at an ICC house

iii) using any house or facilities

E) will be considered a trespasser if present on ICC property after the membership termination date.

6.27 LIABILITY FOR CHARGES: Excluding outstanding debts and fines at the time of expulsion, an expelled person shall not be liable for ICC or house charges incurred for the vacancy after the membership termination date specified on the Membership Termination Form. (87/04)

6.271 HOUSE CHARGES: The expelling house will always be liable for any house charges for a space remaining vacant due to an expulsion.

6.272 ICC CHARGES: If a member is expelled by his/her house, the house also remains liable for the ICC charges of the expelled member unless the Contract Release Committee (see SR 2.5) releases the house. The Contract Release Committee reviews the expulsion and releases the house if it determines that the expulsion was conducted in good order and with valid reason. In a case where a member is expelled by the Membership Committee or the Board, the house shall automatically be released from the ICC charges of the expelled member. (87/04)

6.273 EXPULSION FINE: If a member is expelled for nonpayment, s/he shall be charged a fine equal to the ICC charges remaining on the contract. Finance Committee will decide if any of the fine shall go to the house to cover lost house charges. Finance Committee can waive or modify the fine, if the vacant space is filled or in other circumstances the Committee deems appropriate. (50/03)

6.274 LEGAL FEES: A member against whom legal proceedings are brought shall be liable for all legal fees incurred by the ICC as a result of said proceedings, to limit allowed by law. (87/04)

6.28 APPEALS (45/97):

6.281 An expelled person may appeal the decision to expel. The appeal should be submitted in writing to the Coordinating Committee within 7 days of the decision to expel.

6.282 After meeting with the expelled person and any other relevant parties, the Coordinating Committee shall decide if the expulsion shall be overturned. If more than three members of the committee are unable to hear an appeal, either for personal reasons or because of a conflict of interest in the case, the Coordinating Committee shall select alternate officers. Only other officers of the ICC shall be considered alternates in the appeal process.

6.283 No decision to expel a member shall be overturned or otherwise set aside unless it can be proven that there was an error or omission in the procedures or unless clear evidence contradicting the grounds of expulsion is shown. (87/04)

6.284 The expelled member may not use coop facilities without permission of the house during the period an appeal is pending.

6.285 If the expulsion is overturned, the member will return to original status. (Amended 42/88)

6.29 HEARING BY COMMITTEE: The Membership Committee may hear an expulsion in lieu of a house hearing only in the following cases. In each case the Membership Committee must agree to hear the issue. (45/97)(77/06)

a) Request by the House: The committee receives a request from a house vote or a petition signed by a majority of house members.

b) Request by another House: Another ICC house (where the individual is not a member) votes to requests a hearing.

c) Actions which jeopardize the Interests of the ICC: The Membership Committee determines that the actions of the individual “jeopardize the interests of the membership as a whole or the interests of other coops”.

d) Petition because of House Inaction: The committee receives a petition of 20% of house members or 8 members whichever is greater requesting a hearing and the house has not or will not take action.

e) In Cases of Harassment: Both the complainant and the accused agree, or SHRT requests the committee to hold a hearing.

The Membership Committee must follow all procedures outlined above. The motion in the Membership Committee to expel requires 2/3 majority of voting members present to pass. (87/04) As a result of an expulsion hearing, the committee may instead place the member on referral. 

  

Chapter 7 Uncooperative Behavior

SEXUAL HARASSMENT (28/98)

7.41 STATEMENT OF ICC POSITION ON SEXUAL HARASSMENT: The members of the ICC prohibit and will not tolerate sexual harassment. The ICC members recognize that there are varying degrees of sexual harassment. All ICC members and employees, regardless of their gender or sexual orientation, are to be free from sexual harassment.

7.42 DEFINITION: The members of the ICC define sexual harassment as any behavior that fits all of the following criteria: (1) it is behavior that emphasizes the sexuality or the sexual identity of another person; (2) it is behavior that is inappropriate or that the actor has reason to know is unwanted and that would tend to have a significant negative effect on the ability of the recipient of the behavior to fully enjoy the benefits of membership in or employment by the ICC; and (3) it is behavior that a reasonable person with consideration of the relevant gender and/or sexual orientation would find to possess both of the preceding characteristics. Sexual harassment may include, but is not limited to the following:

a. Sexist or homophobic remarks and behavior that create a hostile, offensive or intimidating atmosphere.

b. Comments, gestures, intrusive questioning or other forms of personal attention which may be perceived as sexual overtures or denigration which the actor has reason to know are unwanted;

c. Advances including sexual propositions, touching, petting, tickling, kissing, grabbing or any other invasion of personal space, which the actor has reason to know are unwanted;

d. Advances of the type mentioned in (c) with threatened or implied sanctions, including physical or emotional violence, loss of membership or job security or public humiliation.

e. Sexual assault, whether or not accompanied by physical violence.

7.43 PROCEDURE FOR HANDLING COMPLAINTS OF SEXUAL HARASSMENT

7.431 This procedure applies to allegations of sexual harassment of one rooming and/or boarding member of the ICC by another.

7.432 Allegations of sexual harassment occurring in employment or workplace situations are to be governed by other procedures.

7.433 In cases of allegation of sexual harassment, the ICC can provide assistance to its members, both complainant and accused, in the form of Sexual Harassment Resource Persons (RP’s). These individuals would work as a team, providing necessary information and support. Specifically, RP’s would:

a. Be knowledgeable of and able to explain the ICC’s Sexual Harassment Policy and Procedures

b. Investigate a complaint of sexual harassment to see that it meets the ICC definition of sexual harassment.

c. Offer various options for handling a sexual harassment allegation

d. As needed, suggest other individuals or groups who may also provide assistance in cases of allegation of sexual harassment. (This might include counseling service at U of M, UM Mediation Services, SAPAC, the police department, etc).

e. Signoff on a Sexual Harassment referral.

f. Potentially serve as an official ICC observer (not as a facilitator) in a Sexual Harassment expulsion hearing

g. Work with the ICC Education Committee to provide educational opportunities for ICC members to become more knowledgeable about sexual harassment

7.434 The Sexual Harassment Resource Persons (RP’s) team would consist of the following:

 

a. At least two ICC members, one male and one female 

b. The Director of Education and Training or an appropriate staff person as determined by the General Manager. All nonstaff RP’s will be members of the ICC Education Committee and will receive full work credit. All members of the RP’s team will be obligated to receive training in sexual harassment, ICC SH policies and procedures and empathy/active listening.

7.435 Members may be put on referral for sexual harassment in accordance with the ICC referral procedures (Chapter 6) 

7.436 Members may be expelled for sexual harassment in accordance with the ICC expulsion procedures (Chapter 6)

7.437 Rights of appeals are set forth in 6.17 and 6.26.

7.438 In the case of emergency, any member may contact the ICC President or General Manager to request enacting of the ICC Emergency Operations Team (Chapter 8).

7.439 Confidentiality: Everyone involved in any ICC process resulting from a complaint of sexual harassment shall take reasonable steps to safeguard the privacy of themselves and all other participants in the process.

 

 

Ch. 8 House Operations

8.10 EMERGENCY OPERATIONS (5594) (72*73*84/96)

8.101 In case of emergency, the General Manager or ICC President calls the Emergency House Operations Team (EHOT) made up of the General Manager, ICC President, VP Membership, ICC Treasurer and if necessary, one other appropriate person. Examples of emergencies include, but are not limited, to sexual harassment of a member or members, threats or acts of physical violence, destruction of coop property and gross violations of health codes. Emergencies include problems which houses cannot or will not address, and which endanger the well being of ICC members. Any member may request that the General Manager or the ICC President activate EHOT. Information about the Emergency House Operations Team shall be posted in a prominent place in each house.

8.102 The Team shall consense to do the following in a constructive manner:

A) Establish safety (i.e. call police),

B) Offer emotional support,

C) Gather information, and/or

D) Provide legal or other information.

In addition, the Team has the power to:

A) Where appropriate, move a member to another house within the ICC. In these cases, the ICC will pay the member’s house charges at their old house until or unless they are released or replaced.

B) Release a member from their contract.

C) Call an emergency house meeting.

D) Call an emergency Board of Directors meeting to approve further action if necessary.

 

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