Constitution & Bylaws: NATIONAL CONSTITUTION OF PI ALPHA PHI FRATERNITY

Constitution & Bylaws: NATIONAL CONSTITUTION OF PI ALPHA PHI FRATERNITY PREAMBLE For the promulgation of the noble purposes of Academics, Asian American Awareness, Brotherhood, Leadership, and Philanthropy, which caused the Fraternity of Pi Alpha Phi to be established in 1929 at the University of California at Berkeley and organized as Pi Alpha Phi National Fraternity, Incorporated under the laws of the State of California, the following Constitution is adopted. ARTICLE I. NAME The name of this international fraternal organization shall be PI ALPHA PHI FRATERNITY, INC. ARTICLE II. PURPOSE AND OBJECTIVES Section 1. The purpose of PI ALPHA PHI Fraternity (hereinafter referred to as The Fraternity ), a California Corporation, will be to establish, maintain, govern, promote and perpetuate a fraternal order. Section 2. The objectives of PI ALPHA PHI Fraternity are to instill, encourage and maintain in all members brotherhood, academic success, leadership, community service, philanthropy, and Asian American awareness, the principles of Pi Alpha Phi, and to support a brotherhood whose members will conduct themselves at all times in accordance with these principles. ARTICLE III. MEMBERSHIP Section 1. General: The fraternity shall be composed of male individuals who possess good character, dignity, and loyalty who have been duly initiated by an active chapter or by other procedure consistent with the Constitution and Bylaws of the Fraternity. Section 2. Qualifications: Any enrolled male student in good standing of a college or university at which there is a recognized chapter or colony of Pi Alpha Phi may become a member of the fraternity, provided: that he is not a member of another fraternity similar in character to Pi Alpha Phi. For purposes of these documents, similar in character shall not include a local fraternity or association seeking a charter as a chapter of Pi Alpha Phi or honorary, professional, academic, or trade fraternities. He completes a pledgeship normally proscribed by the chapter proposing to initiate him. This pledgeship period may not last longer than 12 weeks. The period of pledgeship may be waived by written approval of the National Secretary. The chapter to which his name is proposed shall express confidence in his character and qualifications, including the academic requirements of Pi Alpha Phi, by electing him at a meeting duly called, by vote of its collegiate members upon such vote as its collegiate members shall determine with complete autonomy. He is formally initiated into the chapter so electing him. Section 3. Membership Eligibility: The Fraternity shall not discriminate in membership based upon race, color, creed, religion, age, disability, ethnic background, sexual orientation, or national origin. 1

Section 4. The status of members shall be: a. Active Collegiate Members, defined as undergraduate students in good standing at a four year institution; b. Graduate Members, defined as graduate students in good standing pursuing an advanced degree at a four year institution; c. An Alumnus Member, defined as an individual who has graduated from a four year institution and was properly initiated; d. Suspended, as defined in the Bylaws. ARTICLE IV. COMPOSITION OF THE FRATERNITY The Fraternity shall consist of the National Council, active chapters established and existing at recognized institutions of higher learning in the United States of America and Canada, and members as defined in Article III, Section 4. SECTION 1. General: The National Council may establish undergraduate chapters and alumni associations in a manner consistent with procedures described in the National Bylaws. ARTICLE V. NATIONAL COUNCIL Section 1. Name, Role and Powers The National Council shall be the Board of Directors of the Fraternity. The National Council shall be the administrative, executive and judicial head of the Fraternity and shall have, in addition to the powers expressly provided for in the Constitution and Bylaws, the authority to decide all questions regarding the meaning and interpretation of those documents and the authority to adopt such other resolutions, not inconsistent with the Constitution, Bylaws or Ritual of the Fraternity or resolutions or legislation adopted by the National Convention as shall be necessary or appropriate for the welfare and growth of the Fraternity. Section 2. Composition The National Council shall be composed of 7 alumnus members each of whose original undergraduate college class shall have been graduated from a college or university at least 4 years prior to the year of the convention at which a Council member may be elected. Except as provided in Article II, Section 1. (D) of the National Bylaws, members of the National Council shall be elected by the National Convention for a term of two years to expire at the National Convention held two years hence. A Council member may be re elected to one consecutive two year term following his election to the Council. No individual may serve on the National Council for more than four years out of any eight year period. Section 3. Officers The National Council shall be composed of the following officers: The National President, the National Vice President, the National Secretary, the National Treasurer, and (titles of other officers or simply Directors ). Article VI: THE NATIONAL CONVENTION Section 1. Site and Date The National Council shall select the time and location for each National Convention, to be held annually, 2

giving appropriate consideration to the opportunity for maximum participation by undergraduate and alumnus members and alternating the site among various locations in the United States to the extent that financial considerations permit. Section 2. Composition The term National Convention shall refer to the business sessions conducted as provided elsewhere in these documents. The National Convention consists of the National Council and one undergraduate and one alumnus delegate from each active chapter; provided, however, that only delegates properly registered and seated pursuant to the National Bylaws may speak and vote on matters that come before the National Convention. Section 3. Powers The National Convention shall have the authority to (1) adopt resolutions concerning matters of interest to Pi Alpha Phi Fraternity including resolutions to amend, change, modify or revoke any section or language contained in a section or part of the National Constitution and Bylaws; (2) amend, change, modify or revoke any resolution adopted by the National Council; (3) hear and decide any appeals expressly provided for in the National Constitution and Bylaws; (4) elect the members of the National Council. Section 4. Resolutions, Appeals and Amendments (a) All appeals, amendments to the National Constitution or Bylaws or other resolutions to be considered by the National Convention must be submitted in writing to the National Secretary or his designated representative by an active chapter, by the National Council or by an individual in the event of an appeal pursuant to the National Bylaws not less than ninety (90) days prior to the opening date of the National Convention. (1) In the event that the appeal, amendment or other resolution relates to a decision or action by the National Council which is taken less than ninety (90) days prior to the opening date of the National Convention and the presentation is made in a timely manner after notice of the decision or action the presentation shall be considered as being made outside of the ninety (90) day requirement. (b) All appeals, amendments and other resolutions shall be submitted to the active chapters no later than sixty (60) days prior to the opening date of the National Convention. This communication may be accomplished via electronic mail with notice on the national fraternity website. In the event that an appeal, amendment or other resolution falls within the purview of Section 4. (1), the communication shall be submitted as soon as reasonably practicable. (c) Any appeal, amendment or other resolution that is not submitted in accordance with these requirements may be presented to and considered by the National Convention upon the affirmative vote of at least three fourths (75%) of the properly seated delegates at the National Convention. (d) Changes and modifications to resolutions properly submitted and received for consideration that relate to technical aspects or clarifying language may be accepted prior to submitted the resolution to the National Convention provided that such change does not alter the intent or purpose of the original resolution. (e) Any resolution that would change the National Constitution or National Bylaws shall be enacted upon the affirmative vote of two thirds (67%) of the properly seated delegates at the National Convention. Any appeal of a decision by the National Council shall be sustained upon the affirmative vote of three fourths (75%) of the properly seated delegates at the National Convention. Any resolution by the National Convention shall 3

be approved upon a majority vote of fifty one (51%) of the properly seated delegates. Section 5. Delegates, Eligibility for Seating (a) Notification to chapters of standing: On or before April 1st of each year every active chapter shall be notified by electronic mail of its status by the National Secretary or his designated appointee. Status refers to its standing within the national fraternity as that relates to the payment of dues and fees and the filing of all appropriate forms and reports as designated by the National Council. If an active chapter is not in good standing, that chapter may identify an undergraduate and alumnus delegate for the National Convention that year but the delegate(s) may or may not be seated as noted in Section 5, subsection (F). The National Council shall decide upon an appropriate period of time for a chapter that is not in good standing to meet the requirements for good standing; however, that period of time shall end at least thirty (30) days before the opening date of the National Convention. (b) Undergraduate and alumnus delegates from active chapters shall be members of Pi Alpha Phi Fraternity in good standing. They may be selected in a manner which each chapter may choose. Their names must be submitted to the National Secretary or his designated appointee not less than thirty (30) days prior to the opening date of the National Convention. Substitutions may be made by chapters within 15 days of the opening of the National Convention with prompt notice to the National Secretary. (c) At the beginning of each National Convention the National Council or designated individual(s) shall present a list of those chapters that are not in good standing. The National Council may establish a Credentials Committee for the purpose of screening and approving chapters that are not in good standing but that submit the required fees, dues, forms or other required documentation in order to be restored to good standing. (d) No current member of the National Council (nor any past member of the National Council) nor any regional volunteer may serve as an alumnus delegate. (e) No undergraduate or alumnus delegate from an inactive chapter or from a suspended chapter shall be seated nor will any inactive or suspended chapter be recognized for any purpose unless that purpose is an appeal pursuant to these documents. Section 6. Procedure for Conducting the National Convention The National Convention shall be conducted in accordance with this section. Any procedural question not addressed within the National Constitution or Bylaws shall be resolved in accordance with the most recent edition of Robert s Rules of Order. End of the Constitution National Bylaws Article I Establishment, Organization and Conduct of Chapters SECTION 1. Establishment of Chapters 4

Chapters of Pi Alpha Phi Fraternity shall be established only for students enrolled in universities and colleges of good standing and reputation upon the petition in writing by undergraduates in good standing at that institution and consistent with policies, practices, procedures and criteria established by the National Council. Active chapters shall be named by the letters of the Greek alphabet beginning with Alpha and continuing until all single letters have been used. The next series of chapters shall use the prefix Alpha. SECTION 2. Chartering of Chapters All petitions for charters shall be submitted to the National Council for approval, which shall require a three fourths vote of National Council members then in office. The National Council shall determine the date for installation of a new or recolonized chapter and the amount of the fee(s) involved. SECTION 3. Intervention with Chapters (A) The National Council may establish policies, procedures, expectations, practices, position statements and other rules and requirements for active chapters. (B) Good Standing: A chapter is in good standing if it is not otherwise on probation or suspension or has been found responsible for violating an applicable law, the Constitution or Bylaws of the Fraternity, or any other Fraternity policy, position statement, practice, procedure or expectation and if the chapter has paid all appropriate fees, dues or other financial obligations and filed all appropriate forms or submitted required information to the National Council. (C) The National Council may at any time place an active chapter on probation for violation of an applicable law, the Constitution or Bylaws of the Fraternity, or any other Fraternity policy, position statement, practice, procedure or expectation. A chapter placed on probation may continue to operate and function as a chapter of Pi Alpha Phi subject to such restrictions, limitations, conditions or expectations that are imposed by the National Council. (D) When a chapter is placed on probation, the National Council or its designated representatives shall specify the deficiencies which the chapter must address and correct. More serious action may be taken if the deficiencies are not corrected. (E) The National Council shall have the power to temporarily suspend the charter of any active chapter for a stated period of time not to exceed 180 days for any violation referenced in subsection (C) or for violation of probation. Any chapter placed upon suspended status shall be provided with the specific reasons for the action taken and provided with a reasonable time after notification of the suspension to remedy the circumstances upon which the suspension decision was based and to satisfy any other conditions which may be placed upon the chapter. 1) A chapter placed upon suspended status may conduct only such activities as shall be stated in the original notice of suspension or that are thereafter approved by the National Council or its designated representatives. The National Council may rescind or lift the suspension placed upon a chapter prior to its stated expiration. 5

(F) The National Council may, by a three fourths vote of all members of the Council then in office, revoke the charter of an active chapter for material or repeated violation or failure to comply with any applicable law, the Constitution or Bylaws, or any other Fraternity policy, position statement, practice, procedure or expectation of Pi Alpha Phi Fraternity, the terms of any probation or suspension previously placed upon the chapter, or any statement of minimum standards adopted by the National Council. The revocation takes effect immediately and the chapter shall be considered an inactive chapter. 1) Appeal of Revocation: Any action by the National Council revoking the charter of an active chapter may be appealed to the next National Convention. The appeal shall be sustained upon receiving at least three fourths of the total number of votes which all seated delegates at the National Convention are eligible to cast. (G) Risk Management and Standards Committee: The National Council may create a Risk Management and Standards Committee which may be granted any, some or all of the following powers: to establish policy statements regarding the conduct of active chapters; to establish procedures for the investigation of alleged misconduct by active chapters; to exercise all powers of the National Council with respect to the definition, institution, terms of and implementation of probation for chapters; the removal of a chapter from probation; the reorganization of a chapter; to determine the activities that may be permitted for a chapter on suspended status and to make recommendations to the National Council regarding the suspension, reorganization or revocation of the charter of any chapter. Article II: The National Council Section 1. Nomination and Election of Members (A) Nomination of an alumnus member to the National Council may be made by the National Council or by an active chapter in good standing. Nominees are not required to be nominated by the chapter that initiated them. (B) All nominations must be submitted to the National Council not later than ninety (90) days preceding the date of the beginning of the National Convention for that year. (C) The names of all nominees shall be submitted with a statement of their experience in the Fraternity and other background information as determined by the National Council to all active chapters no later than sixty (60) days prior to the date of the beginning of the National Convention. No nominations may be considered which are not proposed, presented and qualified pursuant to this procedure. (D) Voting for members of the National Council shall follow this procedure at the National Convention in 2010: 4 of the 7 members of the National Council shall be elected for two year terms. Those offices are: Their terms shall conclude at the National Convention in 2012. 3 of the 7 members of the National Council shall be elected for one year terms.their terms shall conclude at the National Convention in 6

2011. At the National Convention in 2011, the members elected for one year terms in 2010 may be nominated for service on the National Council for two year terms, along with any other qualified candidates. At the National Convention in 2012, the members elected to the National Council in 2010 for two year terms may be nominated for service on the National Council for another two year term along with any other qualified candidates. Beginning in 2012, all men nominated for service on the National Council will be elected for two year terms. (E) In voting for members of the National Council at the National Convention each delegate shall vote for 4 nominees for terms of one year each and 3 nominees for terms of two years each. (F) No member of the Fraternity shall at any time disclose the results of any ballot or vote for the National Council other than the names of those elected. Section 2. Removal from Office (A) No member of the National Council may be removed from office before the expiration of his term except for cause as determined by the National Council in its sole discretion based upon a three fourths vote of all members of the National Council then in office. Any member so removed may appeal to the next National Convention. The affirmative vote of at least three fourths vote of the total number of votes which all seated delegates at the National Convention are entitled to cast is required to overturn the removal of a National Council member by the National Council. A successful appeal shall operate to remove any individual elected or appointed to fill the vacancy created by the removal but shall not invalidate any action taken by the National Council or any member thereof following the vote to remove and antecedent to the vote by the National Convention to overturn the removal. (B) Any national officer who misses or is absent for three meetings of the National Council during his term of office shall be referred to the Council for proceedings as described in subsection (A) of this section. Section 3. Procedure for Filling a Vacancy (A) If a member of the National Council leaves office before the expiration of his term, the National Council shall select a successor who shall serve for the unexpired portion of the vacated term. (B) Except in the case that the member leaving office is the National President, the National President shall determine whether the successor shall assume the office vacated by the member leaving office or, with the consent of the officer to be displaced, an office higher or lower in rank. If the new officer assumes an office other than that which was vacated, the National President shall designate the displaced member to another office under the same conditions as described in subsection (A). (C) If the officer leaving is the National President, the National Vice President (or president elect) shall become the National President and the vacated office shall be considered that of the National Vice President. The new National President shall then have the authority to designate the office to be filled. Section 4. Duties and Privileges of Members The National President shall preside at meetings of the National Council and at the National Convention. He shall have the privilege of voting in the National Council, but shall not vote in the National Convention except in case of a tie vote on a matter other than an election under Section 3 of this Article. The National Secretary shall keep a record of the proceedings of the National Council and of the National Convention. He shall be responsible for appropriate 7

correspondence between the National Council and other organizations within and outside of the Fraternity. The National Treasurer shall oversee the collection of all New Member registration fees, initiation fees, rechartering fees and other forms of income established by the National Council or the National Convention. He shall have responsibility for all monies in any form belonging to the National Council, and shall have full discretion with respect to the investment of funds of the National Council. He shall provide a report at each National Convention and such other financial reports as the National Council may request. Section 5. Meetings (A) The National Council shall meet at such times and places as the National President shall determine, provided that all members of the National Council, all chapters and such other individuals or entities as appropriate shall be notified in advance of the meeting date. Failure to provide notice to any active chapter shall not invalidate any action taken by the National Council. Any member may waive the giving of notice of any meeting to him before or after a meeting. (B) The National President shall call a meeting within thirty (30) days after receiving a request for a meeting from at least four members of the National Council. In the absence of the National President or upon his inability, refusal or failure to act upon such a request, a National Council meeting may be held upon the request of any four of the national officers. (C) 5 members of the National Council shall constitute a quorum for the transaction of business unless otherwise provided for in the Constitution or Bylaws. If there are fewer than 5 members in office, the remaining members may meet for the purpose of filling vacancies as described. A meeting at which a quorum has been established may continue to transact business notwithstanding the subsequent withdrawal or absence of members who were present. (D) National Council meetings may be held by conference call or other forms of electronic communication provided that all participants may hear and be heard by all other participants. (E) The National Council may also act by written ballot which may be transmitted by regular mail, overnight or express courier, facsimile, or email with appropriate explanatory materials. A ballot will be approved when 2/3 votes are received within thirty (30) days of the receipt of the ballot by members of the board. (F) No proxy votes or voting by any other means other than described in these subsections shall be allowed, recognized or recorded. Section 6. Committees (A) The National Council may by resolution create, designate, change, modify or eliminate committees to assist in carrying out the work of the Fraternity. Each committee shall have such purpose(s) and power(s) as may be set forth by the National Council at any time. (B) The National President shall have the authority to designate the chairman of each committee and shall, in consultation with the chairman, appoint other members of each committee. The chairman and committee members shall serve for indefinite terms (C) Each committee shall have at least three members, of whom one shall be a current member of the National Council. (D) A majority of the members serving on a committee shall constitute a quorum and a simple majority of those present shall be sufficient to approve any action. Each committee shall determine the number or type of meetings to be held. 8

Section 7. Financial Matters (A) The National Council shall adopt and regularly monitor an annual budget for the income and expenses of the Fraternity. (B) The National Council shall have the authority to establish fees, dues and other forms of income for the Fraternity. (C) The fiscal year of the Fraternity shall be from July 1st to June 30th. Section 8. Regional Governor Plan (A) The National Council may establish, modify and change geographical subdivisions of North America to be known and designated as regions. The National Council shall create and promulgate appropriate policies, procedures, rules and regulations for the efficient operation of the Regional Governor Plan. (B) The National Council shall appoint Regional Governors to oversee the subdivisions. 9