ΛΑΝ Code of Conduct

Chapter I

Article I: Definitions

• The term "Fraternity" shall refer to Texas Lambda Alpha Nu.
• The term "Member" shall refer to those people who have been in good standing, paid all applicable dues and assessments to all units of the Fraternity and were initiated into Texas Lambda Alpha Nu.
• The term "Chapter" shall refer to those separate legal entities that have a charter agreement with Texas Lambda Alpha Nu to operate as a chapter of Texas Lambda Alpha Nu. The term Chapter refers to both undergraduate and graduate entities that have an active charter with the Fraternity.
• The term "University" and "College" means any university or college being attended by Members of Texas Lambda Alpha Nu
• The term "Student" includes all persons who are currently enrolled in the University. Persons who are not officially enrolled for a particular term but who have a continuing relationship with a university are considered "Students."
• The term "Pledge" shall refer to any individual who has rushed and is on the pathway to Membership of Texas Lambda Alpha Nu.
• The term "Guest" shall refer to any individual present by invitation whether personal or general at an event hosted by Texas Lambda Alpha Nu
• The term "Affiliate" shall refer to any individual, Pledge or Member enjoying the friendship of Texas Lambda Alpha Nu.
• The term "university official" includes any person employed by a college or university to perform assigned administrative or professional responsibilities.
• The term "member of the university community" includes any person who is a student, faculty member, university official or any other person employed by the university.
• The term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university including adjacent streets and sidewalks.
• The term "shall" is used in the imperative sense.
• The term "may" is used in the permissive sense.
• The term "harassment" includes but is not limited to, verbal and written comments judged to constitute physical and/or verbal abuse, personal attacks, or discriminatory language on the basis of:
  • Gender identity
  • Sexual orientation
  • Disability
  • Physical appearance
  • Race
  • Age
  • Religion
  • Political affiliation
  • Marital status
  • Veteran status

Article II: Member Expectations

• Members shall respect the aims and objectives of Texas Lambda Alpha Nu.
• Members shall abide by all the rules, policies and procedures found in Texas Lambda Alpha Nu's Bylaws, initiations rituals, this code of conduct and such additional regulations as may be enacted in accordance with existing rules.
• Members will strive to conduct themselves according to Texas Lambda Alpha Nu's pillars of solidarity, scholarship and ambition.
• Members shall be responsible for their own behavior, recognizing that their actions reflect upon themselves, their peers and occasionally others.
• Members shall avoid actions that violate or diminish the collegial, academic, personal or professional ethics or the legal and civil rights of peers, the public, university personnel or others who may be affected by their actions.
• Members shall respect the dignity of all persons and will not physically, mentally, psychologically abuse or haze any human being nor allow themselves to be physically, mentally, psychologically abused or hazed.
• Members shall regard, refer and treat Members and all individuals with civility and respect.
• Members shall respect their property and the property of others and will neither abuse nor tolerate the abuse of property.
• Members shall pay any and all Chapter dues and assessments required for the Member to remain in good standing with the Chapter.
• Members in good standing will make efforts to attend Chapter meetings.
• Members who are students shall abide by those academic standards established by LAN and by the college or university as a whole.
• In addition to this Code of Conduct and Member Disciplinary Policy, all members who attend colleges and universities are expected to abide by the policies and regulations that govern the duties, responsibilities and conduct explicitly or implicitly described in the university´s publications.

Chapter II

Member Disciplinary Policy

The Member Disciplinary Policy explains the procedures for reporting violations, what sanctions may be imposed and the basis of which an appeal may be filed. This policy supplements and does not replace other rules of Texas Lambda Alpha Nu that may provide for disciplinary policies, rules or regulations.

Article I: Reporting Violations

• Anyone desiring to lodge a complaint, whether formal or informal, shall inform any member of the Standards Board or Vice President of Standards (referred to as VP of Standards).
• Informal complaints are usually, but not always, solved by talking to the accused about their current behavior and encouraging them to change in the future.
• Formal complaints will be followed by a documented report, an investigation and a hearing detailed in this document.

Article II: Distribution

All members in good standing and prospective members are entitled to receive a copy of the Code of Conduct and Member Disciplinary Policy upon request.

Article III: Proscribed Conduct

Any Member found to have committed any of the following misconduct (but not limited to misconduct specifically contained herein) is subject to the disciplinary sanctions outlined herein:

• Violations of any rule found in the Fraternity's Bylaws
• Violations of this Code of Conduct
• Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct that threatens or endangers the health or safety of any person.
• Attempt or actual theft of and/or damage to money or property
• Hazing defined as an act which endangers the mental or physical health or safety of a person, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. Members are encouraged to intervene if any fellow member engages in such acts, and to bring it to an authority immediately. Hazing is exemplified but not limited to by the following:
  • Calisthenics
  • Scavenger hunts
  • Degrading, humiliating, or harassing activities
  • Verbal abuse
  • Personal servitude
  • Required uniforms or costumes
  • Inducing fatigue or sleep deprivation
  • Consumption of alcohol or other intoxicating substances
• Violation of a university's student code of conduct or any other university policy, rule or regulation.
• Unlawful possession of firearms, explosives, other weapons or dangerous chemicals on university premises or at Fraternity events.
• Conduct which is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on university premises or at Fraternity events.
• Violation of the Oath of Membership.
• Abuse of Member Disciplinary Policy includes but is not limited to:
  • Failure to obey the summons of the Standards Board and the VP of Standards or the Board
  • Falsification, distortion, or misrepresentation of information before the Standards Board, VP of Standards, or the Board
  • Disruption or interference with the orderly conduct of disciplinary proceedings
  • Attempting to discourage an individual's proper participation in, or use of, the Member Disciplinary Policy.
  • Attempting to influence the impartiality of a member of the Standards Board, VP of Standards or Board prior to, and/or during the course of disciplinary proceedings.
  • Attempting to harass, intimidate or retaliate against a member of the Standards Board
  • Failure to comply with the sanction(s) imposed under the Member Disciplinary Policy
  • Influencing or attempting to influence another person to commit an abuse of the Member Disciplinary Policy

Article IV: Discipline of the Individual Member

Section 1. Any Member found guilty of any of the above offenses shall, upon a disciplinary determination by the Standards Board with the VP of Standards, be subjected to one or more of the following penalties:

• Expulsion.
• Suspension.
  • Indefinite Period.
  • Designated Period.
• Probation.
• Fine.

When these penalties are properly imposed upon a Member, the penalties shall be honored and held binding.

Section 2. Penalties Defined.

• Expulsion.
  • An expelled member shall:
    • Surrender their membership and effects thereof to the President of Texas Lambda Alpha Nu.
    • Surrender clothing or jewelry bearing any identity with the Fraternity.
    • Remove him or herself and his or her personal effects from the property of the Chapter.
    • May not attend any meeting of any Chapter.
    • Cease to identify himself or herself with the Fraternity in any manner on or off campus.
  • Bannings and Warnings shall be delivered on paper, and shall be signed by all parties involved and retained by the VP of Administration. 
  • The Vice President of Administration of Texas Lambda Alpha Nu shall maintain a permanent blacklist of all former members so expelled.
• Suspension. A member may be suspended for:
• Indefinite period. A member suspended for an indefinite period shall:
  • Remove him or herself and his or her personal effects from the property of the Chapter and he or she may not return unless and until expressly permitted to do so by the Standards Board.
  • Not attend any Fraternity meetings, vote, or hold office, nor shall he or she attend any Fraternity gathering not attended by the public unless and until expressly permitted to do so by the Standards Board
  • Cease to identify him or herself with the Fraternity in any manner on or off campus until expressly permitted to do so by the Standards Board
• Definite period. A member suspended for a definite period shall:
  • Remove him or herself and his or her personal effects from the property of the Chapter and he or she may not return until expressly permitted to do so by the Standards Board
  • Not attend Fraternity meetings, vote, or hold office, nor shall he or she attend any Fraternity gathering not attended by the public until the end of the designated period of suspension.
  • Cease to identify him or herself with the Fraternity in any manner on or off campus until the end of the designated period of suspension.
  • Be entitled to return at the end of the designated period of suspension unless he or she is in violation of the terms of said suspension.
  • Be automatically returned at the end of the designated period of suspension to good standing unless he or she is subject to further disciplinary action.
• Probation.
• A Member on Probation shall:
  • Follow the limitations, restriction, and terms of the probation.
  • Pay all dues, fees, and assessments applicable to all Members in good standing unless expressly excused therefrom by the terms of the designated probation.
• Probations can also happen after 3 warnings under the discretion of the Standards Board
• Restitution. A Member may be required to compensate the Fraternity, Chapter, or an individual for loss, damage or injury. This may take the form of monetary or material replacement.
• Fine. A Member who is fined shall, within the time prescribed, pay the fine to the Chapter. Refusal or failure to pay the fine assessed shall place the Member in bad standing with the Chapter with all the loss of privileges entailed therein.
• Warnings. A written notice to the Member must be delivered by the VP of Standards or a member of the Standards Board stating that the Member is violating or has violated provisions of this code. This notice shall be signed in duplicate by the recipient and retained by the Chapter.
• Only three warnings may be given before the Standards Board considers further punishment regardless of Membership or Officership status.
• Multiple Sanctions. More than one of the sanctions listed above may be imposed for any single violation.

Section 3. Risk Management

• At any point during a Texas Lambda Alpha Nu event, the officer in charge of Risk Management may require a Member, guest or affiliate to leave the event if they deem it necessary.

Article V : Interim Discipline

Section 1. Interim Suspension. Upon receipt of a violation, the Standards Board with the VP of Standards may place Members on probation or suspension until a proper Hearing can be arranged. During the interim suspension, Members may be denied access to Fraternity activities or privileges (including Chapter activities) for which the Member might otherwise be eligible, as the Standards Board may determine to be appropriate.

Interim suspension may be imposed:

• To ensure the safety and well-being of other Members, individuals, or property.
• In order that a formal or informal investigation be performed of a potential violation.
• If the Member poses a definite threat of disruption or interference with the normal operations of the University, a Chapter or any other unit of the Fraternity.

Article VI: Reinstatement After Discipline

Section 1. The decision of the Standards Board and VP of Standards is final. Cases may only be reopened in the event that new evidence is presented to the VP of Standards that they determine could reasonably lead to a different decision.

Section 2. The decision of the Standards Board and VP of Standards shall be publicized at the nearest Chapter Meeting of Lambda Alpha Nu by the VP of Standards or a member of the Standards Board.

Section 3. A disciplined or suspended Member shall, prior to any reinstatement to good standing, pay all regular fees and dues incurred prior to and during the disciplinary period, including general dues, unless exempt from the dues by the terms of the probation.

Article VII: Hearing Policies and Procedures

Section 1. Charges against the Accused

• Any person may report a violation of policies by lodging a report with a Member of Standards Board or the VP of Standards.
• When the action complained of is also a violation of University rules and regulations, the charge shall be simultaneously reported to the University's dean of students.
• When the action complained of is also a violation of criminal statutes, the facts shall be simultaneously reported to area and/or campus law enforcement authorities.
• Any charge or allegation should be submitted as soon as possible after the conduct or event takes place. If a person believes that the conduct is about to take place, a report should be submitted before the alleged conduct occurs.
• If the alleged conduct violates the Fraternity's Code of Conduct and Member Disciplinary Policy, the Standards Board along with the VP of Standards shall determine if the matter is to be treated by the Fraternity as a "formal" or "informal" charge.
• Examples of formal charges include, but are not limited to:
  • Sexual harassment
  • Assault of any nature
  • Destruction of property
  • Repeated problematic behavior
• Examples of informal charges include, but are not limited to:
  • Undesired behavior while intoxicated
  • First warnings
  • Rude behavior in online communication
• Generally, many alleged violations may be managed as an informal charge or complaint. An informal hearing may be less procedurally rigid than a formal charge, but not necessarily more lenient when applying a sanction(s). The accused Member shall be notified in writing of the informal charge(s) before discussing the matter with the Standards Board and VP of Standards. If the Standards Board and VP of Standards determines the Member Code of Conduct and Member Disciplinary Policy or other Fraternity rules or procedures have been violated, sanctions may be imposed as set forth in this policy.

Section 2. Integrity of the Standards Board

• In the event that a member of the Standards Board or the VP of Standards finds themselves unable to be impartial during the hearing due to personal relationships with the accused or complainant parties or otherwise, they shall do the following:
  • recuse themselves from the investigation and hearing proceedings.
  • recommend an impartial replacement from the Active membership in order to maintain the five Member judicial body.
• Recommended replacements must pass a unanimous vote of the remaining Standards Board members on the merit of their impartiality to both the accused and complainant parties. If the replacement vote does not pass, the member must continue to recommend replacements until one passes a unanimous vote.
• In the special event that the VP of Standards recuses themselves from the investigation and hearing proceedings, they must select a new acting VP of Standards from the remaining elected Standards Board members to preside over the hearing in addition to recommending their impartial replacement. If no elected Standards Board members remain, then the VP of Standards shall select an acting VP of Standards from the approved Standards Board replacements.

Section 3. Investigations

• The VP of Standards has the sole discretion to initiate a formal or informal investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved.
• Where a formal investigation is initiated, the Standards Board and VP of Standards shall assemble a fact-finding team that will conduct an investigation of the allegations. The fact-finding team shall be formed as soon as practicable and shall take whatever steps it deems appropriate to investigate the allegations.
• Each fact-finding team appointed by the Standards Board and VP of Standards shall include, where possible, a member of the Standards Board and whatever other Members are deemed appropriate.
• Any member of the Standards Board or VP of Standards who participates in the fact-finding team shall refrain from interactions with the accused and complainant parties outside of official Standards procedures for the duration of the investigation and, if deemed necessary, subsequent hearing in order to preserve impartiality.
• The fact-finding team may utilize whatever reasonable investigative methods are at their disposal to investigate whether an offense has been committed. These methods include, but are not limited to:
  • In-person or telephone interviews of witnesses or the accused
  • Written Statements
  • Requests for written information
  • On-site visits
  • Fact-finding conferences
• The fact-finding team must present its findings within ten (10) days of the conclusion of its investigation.

Section 4. Rights of the Accused

• Any Member charged with an offense shall have the right to a hearing before the Standards Board and VP of Standards.
• The Accused shall have the right of timely notice of hearing, as hereinafter provided.
• The Accused has the right to be heard during the time disciplinary action is being considered.
• The Accused shall have the right to see the anonymous written charges prior to any hearing.
• The Accused shall have the right to select his own counsel from the membership of the Fraternity, but it is emphasized that the disciplinary hearing procedures are those of Texas Lambda Alpha Nu and are not the procedures that would be utilized in a court of law.
• Counsel or the Member may be asked to leave the hearing at any time by the presiding officers if, in the sole judgment of the presiding officers, counsel or the Member is disrupting the hearing.

Section 5. Hearings

• If the Standards Board and VP of Standards elect to treat the matter as a formal complaint, then all charges shall be presented to the accused Member in written form. A time shall be set for a hearing, no more than 15 business days after the Member has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Standards Board and VP of Standards.
• At the discretion of the Standards Board and VP of Standards, instead of a face-to-face hearing, participants in a hearing may be allowed to participate telephonically or submit written information.
• The complainant may choose to remain anonymous to the accused and the Standards Board and VP of Standards shall respect the complainant's wish.
• The Standards Board and VP of Standards may conduct a formal hearing according to the following guidelines:
  • The presiding officer, the VP of Standards, shall call the hearing to order.
  • Admission of any person to the hearing shall be at the discretion of the presiding officer.
  • The presiding officer shall expel from the hearing any person who, in his opinion, does not maintain proper decorum.
  • Hearings normally shall be conducted in private. At the request of the accused, and subject to the discretion of the presiding officer other persons may be allowed to attend the hearing.
  • In hearings involving more than one accused member, the presiding officer, in his discretion, may permit the hearings concerning each Member to be conducted separately.
  • The complainant and the accused have the right to be assisted by any adviser they choose, at their own expense. The complainant and/or the accused are responsible for presenting his or her own case and, therefore, advisers are not permitted to speak or to participate directly in any hearing before the Standards Board and VP of Standards unless expressly asked to do so by the presiding officer. The complainant and the accused may present their case on separate dates in order to ensure anonymity of the complainant.
  • The complainant, the accused, and the representative of the fact-finding team shall each have the right to make an open argument before the evidence is presented and a closing argument after all the evidence has been presented. The complainant and the accused may present their arguments on separate dates to ensure the anonymity of the complainant.
  • The complainant, the accused, and the representative of the fact-finding team shall have the privilege of presenting witnesses, subject to the right of cross-examination by the Standards Board and VP of Standards. The complainant and the accused may present their witnesses on separate dates to ensure the anonymity of the complainant.
  • The Standards Board may accept pertinent records, exhibits and written statements as evidence for consideration at the discretion of the presiding officer.
  • The presiding officer shall remind those in attendance that the proceedings are not a formal legal hearing and verdicts rendered are solely based on their merits with regards to the Member Disciplinary Policy.
  • If there is material evidence that cannot be secured from the testimony of members, non-member testimony may be received at the hearing in the discretion of the presiding officer. Non-members may be present at the hearing only while testifying.
  • All procedural questions are subject to the final decision of the presiding officer.
  • After all the evidence has been presented, the Standards Board shall determine (by majority vote) whether the Member has violated each section of the Member Code of Conduct or Member Disciplinary Policy that the Member is charged with violating.
  • The vote shall be taken separately on each offense and separately as to each accused Member.
  • The Standards Board's determination shall be made on the basis of whether it is more likely than not that the accused Member committed an offense.
  • In the event a Member fails to obey the summons of the Standards Board and VP of Standards, he or she may be disciplined. If the absentee Member has an excuse that is determined by the VP of Standards to be valid, then the Member may not be found to have violated the Code of Conduct or the Member Disciplinary Policy solely because the Member failed to appear before the Standards Board and VP of Standards. In all cases, the evidence in support of the charges shall be presented.
  • Within five (5) business days following the formal hearing, the Standards Board shall advise in writing its determination and the recommended sanction(s).
  • Within ten (10) business days following his receipt of the determination of the Standards Board, the VP of Standards must notify the accused and the Board of Officers of the sanctions imposed.
  • The notice of sanctions imposed shall be in writing and sent by certified e-mail, acknowledgement of receiving the letter is requested.
• If the Standards Board and VP of Standards decide that expulsion of a member is appropriate, they may only do so by unanimous vote, the Standards Board and VP of Standards participating. If the vote fails then the Standards Board and VP of Standards shall continue discuss the issue until a unanimous vote is reached or the decision is overturned.
  • In all other cases where expulsion is not appropriate, sanctions may be imposed with a simple majority of the Standards Board and VP of Standards.
• The Standards Board and the VP of Standards shall choose a Member to take notes during the hearing. The notes will be private to the Standards Board and the VP of Standards and used in order to reach a verdict.

Article VIII: Violation of Law and University Discipline

• University disciplinary proceedings may be instituted against a Member charged with a violation of a law that may also be a violation of this disciplinary policy or the code of conduct.
  • For example, if a violation of the law and/or the Member Disciplinary Policy results from the same factual situation, without regard to the pending civil litigation in court or criminal arrest and prosecution, proceedings under this Member Disciplinary Policy may be carried out prior to, simultaneously with, or following civil, criminal or University proceedings off-campus.
  • In such an event, the decision to continue proceedings under the Member Disciplinary Policy shall be left at the discretion of the VP of Standards.
  • Should the VP of Standards decide to discontinue proceedings under the Member Disciplinary Policy until after civil, criminal or University proceedings have finished, the Accused shall be placed on Interim Suspension, as defined in Article VII of the Member Disciplinary Policy, until a verdict has been reached by said civil, criminal or University proceedings.
    • The Standards Board and VP of Standards shall use the verdict of the civil, criminal or University proceedings to determine whether a violation of the Member Disciplinary Policy or the Code of Conduct occurred and impose the necessary penalties as defined in Article VI of the Member Disciplinary Policy.
• The Fraternity shall cooperate completely with law enforcement and other agencies in the enforcement of criminal laws and in the conditions imposed by criminal courts for the rehabilitation of violators.

Article IX: Interpretation and Revision

• Any question of interpretation regarding the Member Code of Conduct or Member Disciplinary Policy shall be referred to the Fraternity's VP of Standards.
• The Member Code of Conduct and the Member Disciplinary Policy shall be reviewed every year under the direction of the Board, VP of Standards and Standards Board