Trial Forms & Procedural Requirements for Trials of Brothers

Trial Forms & Procedural Requirements for Trials of Brothers When a brother has been accused of a violation of the Laws of the Fraternity that carries a possible sentence of suspension or suspension with recommendation for expulsion, if the intention is to pursue either such sentence, the matter must be heard in a trial before the chapter, and the accused brother must have the opportunity to confront his accuser(s) and defend himself Trial procedures to be followed are outlined in the Bylaws of the Fraternity in Sections 260 through 265; Sections 2640 and 2641; and Section 280 Trial forms, which help guide the chapter through the trial process and help assure proper documentation of all procedures, are on the following pages Below are some basic procedural requirements that are laid out in the Bylaws Chapter officers or graduate trustees who are planning to conduct a trial should still review the referenced sections of the Bylaws for a thorough understanding of the procedures Notice (Section 280) The accused brother must receive written notice of the charges (Form No 1) and the day and time of the trial (Form No 2) at least 15 days before the trial The notice may be delivered in person, in which case the brother delivering the notice must provide a written certification, or it may be sent by certified mail with return receipt requested (Form No 3) Judge (Section 261) The chapter should engage a graduate brother, preferably one who is a lawyer, to serve as judge at the trial Quorum for Trial (Section 260) At least two-thirds of the members of the chapter eligible to sit at the trial must be present Voting Requirements (Section 260) Any finding of guilt and any sentence must be concurred in by threefourths of the members present Voting should be by secret ballot The record of the trial should include the number of eligible voters and the number of votes cast for and against the verdict (Section 263) Submitting the Record of the Trial (Section 2641) When a sentence of suspension or suspension with recommendation for expulsion has been imposed, the record of the trial should be sent within sixty days to the Archon Secretary in care of the Executive Director at the International Headquarters Either such sentence will take effect only after approval by the Archons

Form No 1 - Complaint Before To the Officers and Brothers of Chapter of PHI GAMMA DELTA: Brother of, a member of the Fraternity, as follows: First: That said Brother, on or about the day of, 20, at County of and State/Province of, contrary to his obligations to the Fraternity and to the provisions of Article, Section of the Constitution and of Section of the Bylaws of the Fraternity of PHI GAMMA DELTA (Here insert nature of offense The words of the specific section or subdivision of the Constitution or of the Bylaws should be used, making reference to such specific action If the section or sections violated relate only to the Bylaws and not to the Constitution or vice versa, strike out the section reference which does not apply) Second: That said Brother (follow form of preceding paragraph for each additional charge, or, if the same offense was committed upon more than one occasion, each should be set out separately) All of said conduct being in contravention of the laws of the Fraternity and in subversion of its principles Dated at,, this day of, 20 (This form must be filled out definitely and filed in duplicate Authority: Section 280)

Certificate of Recording Secretary I HEREBY CERTIFY that the above Complaint was filed with me as Recording Secretary of Chapter of the Fraternity of PHI GAMMA DELTA this day of, 20 Recording Secretary

Form No 2 - Summons Before, 20 BROTHER : YOU ARE HEREBY NOTIFIED that the Complaint as set forth in the attached copy hereof was filed with (President or Recording Secretary) of Chapter of the Fraternity of PHI GAMMA DELTA on and that YOU ARE HEREBY DIRECTED to file a written answer to the Complaint on or before the day of, 20, with either of the undersigned Officers of the above-named Chapter at,, (Street Address) (City) (State) FURTHER, YOU ARE HEREBY SUMMONED to appear at the meeting of the said Chapter to be held at its Chapter House at Street,,, (City) (State) on the day of, 20, at o'clock M, for trial upon said charges, accompanied by such members of the Fraternity as you may choose for your counsel and for your witnesses President ATTEST: Recording Secretary (This Summons, together with the Complaint, must be served upon the accused member within five (5) days after the filing of the Complaint A copy of the Complaint should be attached to a copy of the Summons, and the two copies should be served upon the accused member, either personally or by registered mail directed to his last known address according to the records of the Chapter The person who makes the service should endorse thereon a return showing the date and manner of service Then the Summons should be filed with the President or Recording Secretary of the Chapter The date set for trial must not be less than fifteen (15) days after date of filing Complaint Authority: Section 280)

Form No 3 Return of Service Before I,, a member of Chapter, do hereby certify that on the day of, 20, at Street, (City or Town and State/Province), I served the within Summons and the Complaint therein mentioned upon, the within-named defendant, by handing to him personally a true copy of each said Summons and Complaint I,, a member of Chapter, do hereby certify that on the day of, 20, I served the within Summons and the Complaint therein mentioned upon, the within-named defendant Such service was made by depositing in the United States/Canada mail a true copy of each of said Summons and Complaint, enclosed in a securely sealed and duly postpaid envelope, registered by a Post Office employee, whose receipt therefore is attached hereto (If a Post Office return receipt has been received, it should also be attached This return must be endorsed upon the Summons) (Authority: Section 280)

Form No 4 - Answer Before I,, the defendant, personally appearing for answer to the Complaint filed against me by, do hereby state: First: The first charge made against me is denied (or admitted, if such be the fact) (Each charge must be specifically answered) Defendant Address Dated:, 20 (Whether or not an answer is filed, or if the defendant appears or does not appear, the trial must proceed at the time and place stated in the Summons A postponement may be allowed by the Judge, but if the defendant and his counsel are absent, notice of the postponed date of trial must be given in the same manner as required for the Summons) (Authority: Section 280)

Form No 5 Summons for Witness Before TO : YOU ARE HEREBY SUMMONED AND REQUIRED to attend as a witness and give testimony in a trial before the Chapter of at its Chapter House, Street, (City), concerning charges filed against, to be held upon the day of, 20, at o'clock M; and hereof fail not under the penalty fixed by the laws of the Fraternity (If any books or papers are to be produced, add: "YOU ARE HEREBY FURTHER REQUIRED to bring with you" - describing particularly such books or papers) By order of the Chapter President ATTEST: Recording Secretary

Form No 6 Oath of Witness Before I,, do solemnly and sincerely swear upon my honor as a Phi Gamma Delta that the evidence I shall give upon the matter now in hearing shall be the truth, the whole truth and nothing but the truth (In taking this oath, the witness shall place his right hand upon the Bible and his left hand over his heart Oaths shall be administered by an Officer of the Chapter or by the Judge)

Before Form No 7 Oath of Judge I,, chosen by this Chapter to sit as Judge upon the trial of charges specified in a Complaint filed by Brother against Brother, do solemnly and sincerely swear upon my honor as a Phi Gamma Delta that I am not related by blood or marriage to either of the parties to this cause nor interested therein in any way; that I will determine the competency of witnesses and the admissibility of evidence in accordance with principles of fairness and justice rather than in conformity with strict legal rules, and will in all respects direct the conduct of the proceedings from their inception so that they shall be regular in form according to the laws of the Fraternity, and so that the trial shall be carried on in an orderly, impartial and dignified manner; that I will not influence nor take any part in the rendering of the verdict beyond giving instructions as to the laws of the Fraternity applicable in the cause; and that I will observe that the record is properly prepared and promptly filed with the Archon (Secretary) (This oath shall be taken with the right hand upon the Bible and the left hand over the heart, and shall be administered by an Officer of the Chapter)

Form No 8 Oaths of Undergraduate Members Sitting Upon Trial Before We, and each of us, do individually and severally swear upon our honors as Phi Gamma Deltas that we are not related by blood or marriage to either of the parties of a certain cause growing out of a Complaint filed by Brother against Brother, and to be tried before Chapter, of which we are undergraduate members, nor personally interested therein in any way; that we know of no reasonable impediment to our sitting upon said trial nor anything that should make us ineligible for such service; that we will hear all the evidence with open and impartial minds and render a true verdict in accordance therewith, so that justice and equity may prevail at all times (This oath must be taken with the right hand upon the Bible and the left hand over the heart and shall be administered by the Judge or a member not participating or interested in the trial in any way)

Before Form No 9 Testimony At the trial of Brother upon Complaint filed by Brother, duly and regularly held at the Chapter House upon the day of, 20, at o'clock M, the following members were present: Brothers,,, (naming all the undergraduate members of the Chapter eligible to sit upon the trial), constituting at least two-thirds of the undergraduate members of the Chapter eligible to sit upon the trial; Brother, a lawyer and graduate member of the Fraternity, duly chosen by the Chapter to act as Judge; all having been first duly sworn and qualified; Brother, duly appointed to act and now acting as prosecuting counsel; Brother, the defendant, and Brother, acting as his counsel, and the witnesses whose testimony follows Brother, having been first duly sworn as a witness for the prosecution, testified as follows: (Take down the testimony in narrative form as the witness gives it If there is any objection to any testimony, the ruling of the Judge should also appear) Witness Brother, having been first duly sworn as a witness for the prosecution, testified as follows: Witness

(And so on until the testimony of all who gave evidence in support of the charges, together with all crossexamination, has been recorded in narrative form) Brother, having been first duly sworn as a witness for the defense, testified as follows: (Then follow with all the testimony and cross-examination of each witness for the defendant) Witness (Each witness must sign his testimony at the end thereof, and at the conclusion of the entire testimony, the following certificate shall be attached:) I hereby certify that the foregoing is the full, true and correct testimony of each witness who testified at the trial herein mentioned, that each was first duly sworn, and that the signature of each witness attached thereto was subscribed in my presence and is his true and authentic signature Dated at, the day of, 20 Recording Secretary

Before Form No 10 - Verdict Now, on the day of, 20, after hearing the parties and their witnesses in the matter of the Complaint filed by Brother against Brother, and after having been instructed in the laws of the Fraternity applicable to the case by Brother, sitting as Judge therein, the members of the Chapter sitting upon said trial, numbering and being at least two-thirds of the undergraduate members eligible to sit thereon, have reached their verdict by secret ballot vote upon the question of the guilt or innocence of the defendant, and have thereby found the said defendant (guilty/not guilty) of the charges (or charges No 1 or No 2, as the case may be) preferred against him; the vote being in favor of conviction and votes opposed thereto, and being at least three-fourths of the said eligible members, as required by the laws of the Fraternity; and that the above verdict was promptly, upon being rendered, recorded in the minutes of the trial President ATTEST: Recording Secretary

Before Form No 11 - Sentence Now, Brother, having been found guilty of charges preferred against him by Brother, is hereby sentenced to suspension with recommendation for expulsion from the Fraternity (or such other sentence as may have been imposed) President ATTEST: Judge (NOTE: A sentence must be reported promptly to the Archon Secretary, in care of the Executive Director Authority: Sections 2640 and 2641)

Before Form No 12 - Appeal To the Recording Secretary of : Now, on the day of, 20, I,, feeling that I am unjustly convicted and sentenced upon Complaint filed against me by before Chapter at, do hereby appeal therefrom for the following reasons: First: That the verdict was contrary to the laws of the Fraternity in that (set out separately such grounds as may be applicable to the particular case) (This appeal must be filed within thirty (30) days after notice has been mailed to the convicted member) (Authority: Sections 2660 through 2662)

Before Form No 13 Certification of Record Chapter House of Chapter of, 20 We, the President and Recording Secretary of the above-named Chapter, and, the Judge chosen by this Chapter and who presided at the trial, do certify that the papers hereto attached contain a full and complete transcript of all of that Chapter's records of its proceedings, together with the original testimony, in the action taken by said Chapter wherein Brother was found guilty upon the Complaint of Brother and sentenced upon the day of, 20, to suspension with recommendation for expulsion from the Fraternity (or to suspension from the Fraternity for a period of months, weeks or days, or to other punishment, as the case may be) In testimony thereof, each of us now subscribes his name this day of, 20 President Recording Secretary Judge

Resolution Requesting Disciplinary Action by the Archonate WHEREAS, at a meeting of Chapter of PHI GAMMA DELTA, duly called by the President thereof (or in his absence by the Treasurer) and held on, 20, at which a quorum was present, three- fourths of those members of the Chapter present and eligible to vote approved a finding that, a member of the said Chapter, violated the following provision or provisions of the Constitution or Bylaws of Phi Gamma Delta: WHEREAS, notice of the time and place of the said meeting was given in writing to by (handing/mailing) him a copy thereof and which copy contained the time and place of the meeting and a list of the alleged violations of the Constitution and Bylaws with which the said was charged; NOW, THEREFORE, BE IT RESOLVED by Chapter of PHI GAMMA DELTA that the Archonate of PHI GAMMA DELTA be requested to accept jurisdiction of this matter for the purpose of taking such disciplinary action as it deems just and proper in the premises against President Chapter Name ATTEST: Corresponding Secretary