Judicial Judicial ProceduresProcedures

National Panhellenic National Panhellenic ConferenceConference

AFA Annual Meeting 2008AFA Annual Meeting 2008

Presentation adapted from Southern Methodist University Panhellenic Association

Why does the Judicial Why does the Judicial process exist?process exist?

To facilitate productive conversation To facilitate productive conversation between disputing chapters in a between disputing chapters in a formal setting. formal setting.

To encourage/recommend INTERNAL To encourage/recommend INTERNAL sanctions in an effort to abide by CPH sanctions in an effort to abide by CPH and NPC guidelines, bylaws and and NPC guidelines, bylaws and Unanimous Agreements. Unanimous Agreements.

How Do I Deal with an How Do I Deal with an Infraction?Infraction?

1. Informal Discussion

2. Violation Report Form

4. Judicial

3. Mediation

Step 1: Informal Step 1: Informal DiscussionDiscussion

If accusing chapter representative is If accusing chapter representative is comfortable confronting the comfortable confronting the representative of accused chapter, representative of accused chapter, NPC NPC encourages informal discussion encourages informal discussion between the disputing chapters. between the disputing chapters.

If a mutual understanding exists, then the If a mutual understanding exists, then the accusing chapter must contact the CPH to accusing chapter must contact the CPH to inform her of the discussion. No mediation inform her of the discussion. No mediation will take place. will take place.

If a mutual understanding cannot be If a mutual understanding cannot be achieved, or the conflict cannot be achieved, or the conflict cannot be resolved, then move to STEP 2. resolved, then move to STEP 2.

Step 2: Violation Report Step 2: Violation Report FormForm

The accusing chapter has 30 days from the The accusing chapter has 30 days from the day of the incident to fill out a Violation day of the incident to fill out a Violation Report Form.Report Form.

The form should be turned into the CPH who The form should be turned into the CPH who will give a Notice of Infraction Form to the will give a Notice of Infraction Form to the accused chapter. accused chapter.

In most cases, completing this form will In most cases, completing this form will require the scheduling of a Mediation (Step require the scheduling of a Mediation (Step 3). 3).

Step 3: Mediation Step 3: Mediation What is Mediation?What is Mediation?

Mediation is a facilitated discussion Mediation is a facilitated discussion between two parties where a dispute between two parties where a dispute exists.exists.

It is a process of assisted negotiations.It is a process of assisted negotiations. The outcome of a mediation is entirely The outcome of a mediation is entirely

dependent on the parties involved.dependent on the parties involved. There are no “sanctions,” rather the There are no “sanctions,” rather the

outcome is an agreement.outcome is an agreement.

Step 3: MediationStep 3: MediationWho attends a mediation?Who attends a mediation?

Both the accusing chapter representative Both the accusing chapter representative and the accused chapter representative and the accused chapter representative need to be at the Mediation. need to be at the Mediation.

The representatives need to have the The representatives need to have the authority to make decisions on behalf of authority to make decisions on behalf of the chapter.the chapter.

Each chapter may have two Each chapter may have two representatives. An advisor may be representatives. An advisor may be present.present.

The Mediator is a unbiased third party The Mediator is a unbiased third party (usually not the Panhellenic advisor). (usually not the Panhellenic advisor).

Step 3: Mediation Step 3: Mediation What occurs during the What occurs during the

Mediation?Mediation? The accusing chapter will state its The accusing chapter will state its

opinions. opinions.

The accused chapter will present its The accused chapter will present its opinions.opinions.

The chapters will negotiate The chapters will negotiate appropriate actions to be taken.appropriate actions to be taken.

Step 3: Mediation Step 3: Mediation What occurs during the What occurs during the

Mediation?Mediation? Everything discussed in the mediation is Everything discussed in the mediation is

CONFIDENTIAL, including the final agreement.CONFIDENTIAL, including the final agreement.

The accused chapter representative may provide The accused chapter representative may provide a letter or have a conversation with the individual a letter or have a conversation with the individual who committed the infraction so that her opinions who committed the infraction so that her opinions are expressed at the mediation.are expressed at the mediation.

The CPH will not issue sanctions. In some cases, The CPH will not issue sanctions. In some cases, the CPH may have recommendations. However, the CPH may have recommendations. However, the goal of mediation is the satisfaction of the the goal of mediation is the satisfaction of the complainant and the accused. complainant and the accused.

Step 4: Judicial HearingStep 4: Judicial Hearing

If no mutual agreement can be If no mutual agreement can be reached during the Mediation, then a reached during the Mediation, then a Judicial Hearing will be scheduled. Judicial Hearing will be scheduled.

This process is explained in the This process is explained in the Manual of Information. Manual of Information.

Step 5: The Appeal ProcessStep 5: The Appeal Process

If any involved party is not satisfied If any involved party is not satisfied with the outcome of the Judicial with the outcome of the Judicial Hearing, the party can appeal to the Hearing, the party can appeal to the NPC Judicial Appeals Committee.NPC Judicial Appeals Committee.

The process is further explained in The process is further explained in the Manual of Information.the Manual of Information.

Example: Scenario 1Example: Scenario 1

Amanda (a Sigma) is seen buying drinks for a PNM at Amanda (a Sigma) is seen buying drinks for a PNM at a bar by Elle (a Delta Nu). The next day Elle, the a bar by Elle (a Delta Nu). The next day Elle, the president of Delta Nu, calls Mary, the president of president of Delta Nu, calls Mary, the president of Sigma, to let her know that Amanda was violating a Sigma, to let her know that Amanda was violating a recruitment rule. After discussing the situation with recruitment rule. After discussing the situation with Amanda, Mary calls back to explain that Amanda Amanda, Mary calls back to explain that Amanda was just getting the PNM a water and there is was just getting the PNM a water and there is nothing to worry about. Mary tells Elle that she will nothing to worry about. Mary tells Elle that she will better educate her chapter members on the better educate her chapter members on the recruitment rules just in case.recruitment rules just in case.

The next week, Mary calls Elle to tell her that The next week, Mary calls Elle to tell her that Amanda led a really productive recruitment rule Amanda led a really productive recruitment rule program during chapter. Elle tells the CPH judicial program during chapter. Elle tells the CPH judicial chair about the situation, but does not think it is chair about the situation, but does not think it is necessary to have a mediation as she is satisfied necessary to have a mediation as she is satisfied with the way Sigma handled it. with the way Sigma handled it.

Example: Scenario 2Example: Scenario 2 Elle sees Amanda not only buying drinks for the PNM Elle sees Amanda not only buying drinks for the PNM

but swapping numbers with the PNM outside the bar. but swapping numbers with the PNM outside the bar. After talking with Mary, Sigma’s president, she is told After talking with Mary, Sigma’s president, she is told that Amanda is denying the whole thing. Elle really that Amanda is denying the whole thing. Elle really wants Mary to create an education program, but wants Mary to create an education program, but does not feel that Sigma will follow through with it. does not feel that Sigma will follow through with it.

Unsatisfied with how Sigma handled the situation, Unsatisfied with how Sigma handled the situation, Elle fills out a Violation Report Form to schedule a Elle fills out a Violation Report Form to schedule a mediation.mediation.

At the Mediation, both Elle and Mary are present and At the Mediation, both Elle and Mary are present and they are able to discuss the situation in more depth they are able to discuss the situation in more depth while recommending sanctions that Sigma can act while recommending sanctions that Sigma can act on. on.

To make it work…To make it work…

You need trust between the You need trust between the members/leaders of the chapters in your members/leaders of the chapters in your CPH.CPH.

Initial training on the process is imperative.Initial training on the process is imperative.

Let the women make the system work for Let the women make the system work for them.them.

Find trusted sources to serve as mediators.Find trusted sources to serve as mediators.

Questions, examples, Questions, examples, ideas…ideas…

Beth Stathos, Chi Omega Fraternity, bstathos@chiomega.com

Shannon Sumerlin, Southern Methodist University, sumerlin@smu.edu

Chris Dickey, National Panhellenic Conference, chrisdickey@prodigy.net