General

1. Any member who has reasonable grounds to believe that another member has violated the PAR-BC's Constitution and by-laws may bring the matter to the attention of the Board of Directors.

2. Any member who has been charged has the right to be presumed innocent unless and until he/she is found guilty. The charged member has the right to answer any charges and to have any charges adjudicated fairly, in the manner set out in this Article.

   Violations of the Constitution and By-Laws
    

3. A member who fails or refuses to comply with Articles II(5) or III(10) violates these by-laws. A member who does anything proscribed in Article III(11), (12), (13) violates these by-laws.
4. In addition to the duties of members generally, members who hold elected or appointed positions must carry out the constitutional duties of their positions. Failure to do so is a violation of the by-laws.

   Charge Procedure
    

5. Complaints made under this Article must be in writing, delivered to the Board of Directors within 45 days after the complainant became aware of the circumstances that are the basis of the complaint. The complaint must specify the part of the Constitution and by-laws, which is alleged to have been violated, and supply enough detail of the alleged violation to identify the circumstances.
6. On receipt of the complaint the Board of Directors shall assign a person to make a preliminary investigation of the complaint. The investigator will contact all parties. If the investigator concludes that there is evidence that the Constitution and by-laws may have been violated, it shall lay charges by filing notice with the President of the PAR-BC. The charge must specify the part of the Constitution and by-laws, which is alleged to have been violated, and supply enough detail of the alleged violation to identify the circumstances.
7. The President shall send a copy of any charges to the member who is charged.
8. For purposes of hearing the charge, a member of the Board shall not be part of the hearing if he/she is the complainant or the person charged.

   Hearing
    

9. If a charge is not dismissed or resolved the Board of Directors shall conduct a hearing.
10. The charged member is entitled to:
    (a) Appropriate notice of the hearing;

    (b) Reimbursement by the PAR-BC for reasonable transportation expenses and lost wages to attend the hearing;
    (c) Representation by any person of the charged member's choosing if the charged member bears any fees and expenses;
    (d) Reimbursement by the PAR-BC for fees and expenses, or any part of them, if the Board of Directors decide that the charge is without merit and that reimbursement is just and equitable in the circumstances; and
    (e) A fair trial in accordance with the principles of natural justice, including the right to be present at the hearing, to introduce evidence, to produce and cross-examine witnesses, and to present argument.

11. The investigator appointed by the Board of Directors shall conduct the case on behalf of the PAR-BC.

12. The complainant is entitled to:
    (a) Appropriate notice of the hearing;
    (b) Reimbursement by the PAR-BC for reasonable transportation expenses and lost wages to attend the hearing, provided the charge is not found to be frivolous, vexatious or in bad faith;
    (c) Representation by any person of the complainant's choosing, if the complainant bears any fees and expenses;

    (d) Reimbursement by the PAR-BC for fees and expenses, or any part of them, provided that the charge is not found to be frivolous, vexatious, or in bad faith, and provided that the Board of Directors decide that reimbursement would be just and equitable in all the circumstances; and
    (e) The right to be present at the hearing, to have a reasonable opportunity to introduce evidence, to produce and cross-examine witnesses, and to present argument.

13. Witnesses called by the PAR-BC are entitled to:
    (a) Appropriate notice of hearing;
    |(b) Reimbursement for reasonable transportation expenses and lost wages to attend the hearing.
14. The onus of proof is on the PAR-BC.
15. The Board of Directors shall determine its own practice and procedure, subject to the requirements of this Article.

    Decision
     

16. The Board of Directors shall make its decision in writing and send it to the complainant and the charged member within a reasonable time after conclusion of the hearing. If the decision is not unanimous, the majority will rule.
17. The Board of Directors shall decide the appropriate level of discipline if the charged member has given cause for discipline.

    Appeal
     

18. The charged member has the right to appeal any decision of the Board of Directors to the next Annual General Meeting. Any appeal must be submitted in writing to the President within one month of mailing of the decision of the Board of Directors to the charged member's last known address. The decision of the membership at the Annual General Meeting is final and binding on all parties.