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Committee Established: 1975 (as Grievance Committee)

Committe Type: Board Appointed

Arbitration Committee -Disciplinary Procedures

Article VI - Discipline


Section 1 - American Kennel Club Suspension
Any member who is suspended from the privileges of the American Kennel Club automatically shall be suspended from the privileges of the Club for a like period.


Section 2 - Charges
Any person may prefer charges against a member for alleged action prejudicial to the best interest of the Club or the Breed and/or for failure to abide by the Constitution and By-Laws of the Club. Written charges with specifications must be filed with the Recording Secretary, together with a deposit of $100.00 which shall be forfeited if such charges are not sustained. The Secretary shall promptly send a copy of the charges to each member of the Board or present them at a Board meeting. The Secretary will also send copies of the charges to the defendant who shall have the opportunity to submit written documents to the Board. The Board shall first consider whether the actions alleged in the charges, if proven, might constitute action prejudicial to the best interest of the Club or the Breed. If the Board considers that the charges do not allege conduct which would be prejudicial to the best interest of the Club or of the Breed, it may refuse to entertain jurisdiction. If the Board decides to entertain jurisdiction, the Recording Secretary shall so inform the parties to the complaint and shall send one (1) copy of the charges by certified mail together with a notice of the hearing. The hearing shall be held at the next regularly scheduled Face to Face Meeting of the Board, unless the date of that meeting would be less than twenty-one (21) days from the date of the hearing notice. In that event or should the Board decide that such scheduling does not allow adequate preparation time to the Board or to either or both parties, the hearing date shall be put over until the following Face to Face Meeting.


Section 3 - Board Hearing
Should either party to the proceeding choose to be represented by counsel, he should so inform the Recording Secretary no later than thirty (30) days prior to the date of the hearing. The Recording Secretary shall promptly inform the other party. Should the charges be sustained, after hearing all the evidence and testimony presented by complainant and defendant, the Board may by a majority vote of those present suspend the defendant from all privileges of the Club for not more than six (6) months from the date of the hearing. And, if it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict the defendant's right to appear before his fellow members at the ensuing Club meeting which considers the Board's recommendation. Immediately after the Board has reached a decision, its findings shall be put in written form and filed with the Recording Secretary. The Recording Secretary, in turn, shall notify each of the parties of the Board's decision and penalty, if any.


Section 4 - Expulsion
Expulsion of a member from the Club may be accompanied only at meeting of the Club following a Board hearing and upon the Board's recommendation as provided in Section 3 of this Article. The defendant shall have the privilege of appearing on his own behalf, though no evidence shall be taken at this meeting. The President shall read the charges and the Board's findings, and invite the defendant, if present, to speak on his own behalf. The members shall then vote by secret written ballot on the proposed expulsion. A 2/3 vote of those present at the meeting or by proxy shall be necessary for expulsion. If expulsion is not so voted, the Board's suspension shall stand.

 

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