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HSAS Constitution & Bylaws

ARTICLE 13 -­ DISCIPLINE

 

13.01   Charges

(a)   Except as otherwise provided in the laws of Saskatchewan or in subsection 13.01(c), charges may be laid against a Member if the Member has committed any one or more of the following acts:

(i)   violated any provision of the Constitution or the Bylaws;

(ii)   obtained membership in the Association through fraudulent means or misrepresentation;

(iii)   willfully published or circulated, verbally or otherwise, among the Members false reports or misrepresentations concerning any Member of the Association in respect of any matter connected with the affairs of the Association;

(iv)   acted in a manner inconsistent with the objects of the Association set out in the Constitution;

(v)   worked during a legal work stoppage (unless specifically authorized by a decision of the Executive
Council);

(vi)   committed conduct unbecoming of a Member of the Association.

(b)   A charge may be laid against a Member by either:

(i)   another Member who has reasonable grounds to believe that the Member has committed one or more of the acts listed in subsection 13.01(a); or

(ii)   the President, acting on behalf of the Association, if the President has reasonable grounds to believe that the Member has committed one or more of the acts listed in subsection 13.01(a).

(c)   No member of the Executive Council or the Board of Governors may be charged under this article for actions taken or not taken by the Executive Council or the Board of Governors as a whole if the members of the Executive Council or the Board of Governors, as the case may be, were acting honestly and in good faith with a view to the best interests of the Association at the time the actions to which the charge(s) relate were taken or not taken.

13.02   Form of a Charge

A charge must contain the following information, in writing, and must be delivered to the Secretary:

(a)   the name, address, telephone number and signature of the Member laying the charge, and where the President is laying the charge on behalf of the Association, clear evidence that the President is acting on behalf of the Association in laying the charge;

(b)   the name of the Member charged;

(c)   the facts that form the basis of the charge;

(d)   if the charge relates to an alleged violation of the Constitution or the Bylaws, the section(s) of the Constitution or the Bylaws which it is alleged have been violated; and

(e)   whether the Member laying the charge has personal knowledge of the facts and, if not, where the information is derived from.

13.03   Time for Bringing Charge

(a)   A charge shall be delivered to the Secretary within thirty (30) days after the date on which the Member laying the charge knew or ought to have known of the action or circumstances giving rise to the charge.

(b)   No charge may be laid after the time period described in subsection 13.03(a) has expired.

13.04   Notice to the Charged Member

(a)   The Secretary, as soon as practicable after receiving the information described in section 13.02, shall deliver a copy of the charge to the charged  Member by mail, ensuring proof of delivery.

(b)   The Secretary, when delivering the copy of the charge as required in subsection 13.04(a), shall also give the charged Member:

(i)   a copy of this article 13 of the Bylaws;

(ii)   written notice that the charged Member is  required to provide a written response to the charge within fifteen (15) days after notice of the charge was actually delivered to the charged Member; and

(iii)   written notice that the charged Member’s response may be limited to admitting or denying the charge.

13.05   Investigator

(a)   Immediately after the Secretary receives the information described in section 13.02, she shall advise the Executive Council and ask the Executive Council to appoint an investigator.

(b)   Immediately after the Secretary has advised the Executive Council as required in subsection 13.05(a), the Executive Council shall appoint an investigator who may, but need not, be a Member.

(c)   The investigator that the Executive Council appoints shall conduct a preliminary investigation of each charge and, for this purpose, is entitled to consider whatever evidence and facts she deems to be relevant.

(d)   After completing the investigation, the investigator shall advise the Executive Council whether or not the charge has sufficient merit to warrant proceeding to a trial, in whole or in part, and make a recommendation.

(e)   After receiving the investigator’s advice and recommendation, the Executive Council shall determine, by at least a Simple Majority of those present and voting at a regular meeting, whether the charge has sufficient merit to warrant proceeding to a trial, in whole or in part.

13.06   Trial

(a)   If the Executive Council determines that a charge has sufficient merit to warrant a trial, the Executive Council shall:

(i)   give notice to the charged Member of that fact; and

(ii)   appoint a hearing panel to conduct a disciplinary proceeding.

(b)    The hearing panel shall be comprised of at least three (3) but not more than five (5) individuals, who may, but need not, be Members, but, in any event, may not include the President.

(c)   The hearing panel will hear and receive evidence in accordance with the following principles:

(i)   A charged Member has the right to know the charge against her and to have all of the necessary particulars of the charge.

(ii)   A charged Member must be given reasonable notice of the charge prior to any hearings and must be given reasonable notice of the hearing date.

(iii)   The hearing must be conducted in substantial compliance with the intent and purpose of the Constitution and the Bylaws.

(iv)   A charged Member and a Member laying a charge have the right to call evidence, introduce documents, cross-examine witnesses, and make submissions.

(v)   The trial must be conducted in good faith and without actual bias.

(vi)   The hearing panel is not bound by the strict rules of evidence; however, any verdict reached must be based on the actual evidence adduced and not influenced by any matters outside the scope of the evidence.

(vii)   A charged Member and a Member laying a charge have the right to counsel.

13.07   Decision

(a)   As soon as practicable after the conclusion of the hearing, the hearing panel shall prepare a written decision and give notice of it to:

(i)   the Executive Council;

(ii)   the Member laying the charge; and

(iii)   the charged Member.

(b)   If the hearing panel finds the charged Member guilty of the charge laid, the hearing panel shall decide the appropriate level of discipline, considering all of the circumstances.

(c)   If the hearing panel considers it to be appropriate, the hearing panel may give notice to the charged Member and the Member laying the charge that it wishes to receive submissions from them before imposing any discipline.

(d)   Discipline may include the following:

(i)   a written warning;

(ii)   removal from office or position in the Association;

(iii)   a fine not in excess of $25,000;

(iv)   suspension or expulsion from membership in the Association; and

(v)   any other measure that the hearing panel deems appropriate or necessary.

13.08   Expenses

(a)   The Executive Council, in its sole and unfettered discretion, may reimburse the charged Member, the Member laying the charges, or the witnesses, or any of them, for their expenses incurred in respect of any discipline matters described in this article 13.

(b)   If the Association incurs expenses as a result of processing a charge and the process is not completed due to the Member laying the charges not participating in the hearing, the Association may bill that Member for those expenses and that Member shall immediately remit those expenses as a debt due and owing to the Association.

 13.09   Appeal

(a)   A Member found guilty of a charge under this article 13 has the right to appeal the decision of the hearing panel to the Board of Governors.

(b)   A Member wishing to appeal a decision of the hearing panel to the Board of Governors must submit a written notice of appeal to the Board of Governors within thirty (30) days after being given notice of the decision of the hearing panel.

(c)   The Board of Governors shall give notice to the charged Member and the Member laying the charge that they are invited to submit to the Secretary their written submissions on questions of law.

(d)   If they decide to file written submissions, the charged Member and the Member laying the charges shall file their written submissions with the Secretary within thirty (30) days after receiving the notice inviting their submissions.

(e)   In considering the appeal, the Board of Governors may consider only questions of law.

(f)   The Board of Governors shall render its decision on the appeal within thirty (30) days after receiving the last of the written submissions received according to the deadline imposed in subsection 13.09(d).

(g)   The Board of Governors’ decision on an appeal is final and binding on the parties.

(h)   In the case of a Member being suspended or expelled from membership in the Association, the penalty will not be implemented in a manner that affects the Member’s employment pending the resolution of the appeal.


 

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