CAGBII WORLDWIDE

ARTICLE V 

DISCIPLINARY POLICY AND GRIEVANCE PROCEDURE

Section 1. DISCIPLINARY ACTION.

Any member of this organization whose conduct or activities are unbecoming and contrary to this instituted Constitution and By-Laws shall be subjected to a disciplinary action. All submitted complaints shall be filed before the National Headquarters Office through the Vice President for Judiciary, Grievance and Discipline, which will be investigated, heard and decided by the National Executive Council. In the case of international setting, all complaints shall
be filed, heard and decided by the International Extension Office (INEXO). In the conduct of investigation, the proper observance of investigative procedure, fairness, impartiality, equitable justice and due process shall be strictly applied.

Section 2. GROUNDS FOR DISCIPLINARY ACTION.

Any member may be suspended, expelled or stripped from his membership and all benefits and privileges due him under any of the following grounds:

1. Non-payment of membership fee, annual or monthly dues and other assessments for three (3) consecutive months;

2. Failure, despite notice, to attend to regular or special meetings for three (3)consecutive times without sufficient cause, as may be determined by the executive council concerned;

3. Other serious infractions or violation of any provisions of this Constitution and By-Laws and other similar rules and regulations of the organization, after final findings thereof by the disciplinary officers of the chapter concerned;

Section 3. OTHER GROUNDS FOR DISCIPLINARY ACTION.

The following are other grounds or causes for disciplinary action:

1. Dishonesty. All forms of fraudulent or deceitful act including fabrication, facilitating dishonesty or plagiarism, forgery, falsification or unauthorized alteration or misuse of CAGBII documents, records or identifications, including but not limited to, electronic software and records, furnishing false
information to CAGBII, impersonating another person, using another person's identity, or manufacturing or possession of false identification.

2. Neglect of duty. Neglect of duty is the omission to perform an official duty. Neglect of duty has reference to the neglect or failure on the part of a CAGBII officer to do and perform some duty or duties laid on him as such by virtue of
this Constitution and By-Laws or which is required of him by law. It is not material whether the neglect is wilful, through malice, ignorance or oversight,
when such neglect is grave and the frequency of it is such as to endanger or
threaten the existence, performance and stability of the organization.
Additionally, this would include the following:

a. The commission of a wrongful act in the performance of a CAGBII official duty;

b. Accepting a bribe to neglect an official duty;

c. Gross neglect equivalent to fraud; and
d. Gross immorality or misconduct in the performance of a CAGBII officer duty mounting to neglect of duty.

3. Gross Incompetence. This refers to negligence characterized by the want of even slight care, acting or omitting to act in a situation, where there is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to consequences, insofar as other persons may be affected. It is the omission of that care which even inattentive and thoughtless men never fail to give to their own property. In cases involving CAGBII officials, there is gross negligence when a breach of duty is flagrant and palpable.

4. Insubordination. Insubordination can be divided into two categories: unwillingness to carry out a directive from a higher official and disrespectful
behavior toward a higher official. While insubordination can be addressed using verbal warnings, written warnings and suspensions, extreme examples of insubordination may warrant immediate dismissal.

5. Disorderly Conduct. Disorderly, disruptive or obscene conduct or breach of peace that intentionally or recklessly interferes with normal CAGBII-sponsored activities or the rights of other organization members on or off CAGBII grounds.
Engaging in, but not limited to, public indecency, alcohol intoxication, notoriety or conducts detrimental to the general interest of the association and indecent exposure.
6. Conviction of a crime involving moral turpitude.

7. Physical Abuse and/or harassment. Any action causing physical harm to any person or any verbal or nonverbal deeds, causing reasonable apprehension of such harm.

8. Endangering or Threatening Conduct. Any conduct that imperils or jeopardizes the health and safety of any person or the CAGBII community or communicates a serious expression of intent to harm any person or to the CAGBII community.

9. Stalking. Engaging in a course of conduct directed to a specific person or persons that causes substantial emotional distress in such person(s) and serves
no legitimate purpose. Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.

10. Obstruction of freedom of expression. Interfering with the freedom of expression of others.

11. Controlled Substances. The use, consumption, possession, sale, manufacture, trafficking or transfer of any illegal drug or controlled substance, as defined by the state or law, the use and/or possession of drug paraphernalia and actions in conflict with the country’s policy on illegal drugs.

12. Acts of oppression. Engaging in the use of physical force or violence to intimidate or to inflict harm to others, such as but not limited to, fighting or physical violence.

13. Improper or unauthorized solicitation of contributions or donations. Using the name of the organization for improper or unauthorized solicitation of contributions from subordinate members and also contracting loans of money or other property relations.

14. Abuse of authority. The use of legislated or authorized powers as CAGBII Officers for illegitimate private gain.

15. Disloyalty to the organization. Disloyalty applies to any violation of allegiance or duty to the organization. It equates to unfaithfulness. This means losing hope and lacking assurance of or confidence in the ability of an organization or its members to deliver as promised.

16. Conduct prejudicial and inimical to the general interest of the organization.


Section 4. PROHIBITED ACTS.

The following are hereby declared improper and strictly prohibited doings:

1. The violation of any existing laws, rules or regulations set forth in this Constitution and By-Laws and towards any provisions existing in the Philippine Constitution and By-Laws;

2. The transgression towards morals and good customs;

3. Intentional derogatory offense against any religion, race, ethnic group or sex; and

4. Any encroachment that may produce adverse repercussions towards a person’s health, safety moral or spiritual well-being.

Section 5. PENALTIES.

The penalties shall be imposed depending on the gravity of the offense:

1. If the offense is light, the penalty to be imposed shall either be fine, warning or admonition.

2. If the offense is less serious or less grave, the penalty shall be suspension.

3. If the offense is so serious and grave in character, the penalty shall be removal.

Section 6. COMPLAINT.

Any complaint against any member or officer shall be made in writing and verified under oath before an officer who is authorized to administer oath and properly filed pursuant to Section 1 hereof. The complaint would then be submitted to the National Vice President for Judiciary, Grievances and Discipline
for investigation and subsequently submitting it to the National Executive Council to be heard and justified.

Section 7. SUSPENSION OF MEMBERS.

Any member who is found guilty of slight or less serious crimes and/or slight or less grave offenses against CAGBII may be suspended after due notice or hearing. He is not entitled to his rights, privileges and benefits during the period of suspension.

Section 8. EXPULSION OF MEMBERS.

Any member who is found guilty of serious crimes and/or grave offenses against CAGBII shall be summarily expelled, after due notice and hearing. All benefits or privileges due him shall be denied. Thereafter, he shall voluntarily cause the erasure of his tattoo marks. CAGBII reserves the right to do what has to be done under all circumstances.

Section 9. APPEAL.

All decisions, except those made by the National Executive Council whose decision is immediate, final and executory, shall be appealable within the period of thirty (30) days from the receipt by the appealing party to the National Executive Council which shall decide the same within a period of sixty (60) days upon receipt thereof.