VII.L BSC PNG

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1.Overview:

A BSC PNG is a mechanism that prohibits a non-member from being present at any BSC property and prevents them from later obtaining a BSC contract without prior review of their application by the Administrative Committee (AdCom). The purpose of a BSC PNG is to provide a safe environment for our members and to reduce organizational liability caused by allowing unsafe non-members to be present on BSC property.


2.Definitions:

Enforcement Committee – the Enforcement Committee shall refer to the committee that is investigating a non-member for BSC PNG consideration.
Advocating Member – this section refers to the Advocating Member instead of the Member Advocate because the respondent is not currently a member and thus does not have a right to use the services of the Member Advocate.


It is incumbent upon the respondent to find an Advocating Member if s/he wishes to have one. The Advocating Member must:
1. Be a current BSC Member.
2. Agree to act as the Advocating Member.
3. Agree to not be compensated for the time.


Enforcement Committee Screening Committee (ECSC) – If the Enforcement Committee is ConCom, the Screening Committee shall be the ConCom Chair, Executive Director, and Advocating Member (if one exists). If the Enforcement Committee is Cabinet, the Screening Committee shall be the President, Executive Director, and Advocating Member (if one exists).
Enforcement Committee Chair – The Enforcement Committee Chair is either the ConCom Chair or President, respective to the Enforcement Committee.


3.Investigation Procedure:

A. A non-member (“the respondent”) may be referred to the ECSC for BSC PNG consideration by the OM or MRS, in either of the following situations:
If the OM or MRS receives notice that a unit has PNGed the respondent for behavior that fits one or more of the following criteria:
i. The behavior is dangerous to self, others, or property.
ii. The behavior would reasonably result in termination, if the respondent were a member.


If a member or central-level supervisor has contacted the OM or MRS about a non-member that has displayed behavior fitting i or ii above.


B. The factfinder shall be one of the following: (i) the Member Resources Supervisor (ii) the Operations Manager, or (iii) a designee of the Executive Director, as appropriate.


C. The Executive Director shall inform the respondent of his or her right to have an Advocating Member contingent upon finding a current BSC member who agrees to act in this role. If an Advocating Member is obtained, the Executive Director or an appropriate designee shall make a good faith effort to meet with this person before the proceedings. The Advocating Member shall be advised of his/her role and responsibilities in the adjudication procedures.


D. The fact-finder shall create a report within ten business days and submit it to the Enforcement Committee Chair, including, but not limited to: witness statements regarding the behavior of the respondent, and the respondent’s response to the complaint(s). The fact-finder’s report shall be viewable to the respondent and the Advocating Member, and shall include a recommended course of action. The ED may choose to extend the timeframe based on extenuating circumstances, such as being between academic sessions or the unavailability of key witnesses.


E. The fact-finder shall submit the report to all parties that should reasonably have a chance to respond to it, including:
The respondent and the Advocating Member
The OM or MRS.
The unit-manager of any units that have PNGed the respondent.
Any complainants identified in the report


F. The fact-finder will give all parties at least 72 hours to provide a written response to the report.


G. The Enforcement Committee Screening Committee will allow the Enforcement Committee to hear the case if the evidence suggests that the respondent may cause harm to self, others, or property or if evidence suggests that the respondent has demonstrated behavior that would result in termination if the respondent were a member.


4.Committee Procedure:

The entire proceeding shall be held in Executive Session. The Committee Chair or Executive Director shall reserve the right to alter any aspect of the procedure below in order to obey all applicable state and federal laws (such as restraining orders).


A. The Enforcement Committee shall be given a chance to read the written report and follow-up written statements submitted to the fact-finder about the case.


B. The respondent shall be given the right to appear in person. This right may be abrogated if the Committee Chair has made a good-faith effort (at least 7 days notice) to notify the respondent and the respondent is still not present at the proceedings.


C.The order of recognition for opening statements shall be the following: the fact-finder, unit-level managers, the respondent, the Advocating Member.


D.The chair shall set time limits for opening statements, between 1 and 6 minutes, taking into account the complexity of the issue. The chair shall consult the parties beforehand, if possible, and each speaker shall be allotted the same amount of time to speak.


E.The Enforcement Committee members shall have a chance to ask questions with all parties in the room.


F.All the parties who gave opening statements will be allowed to give a two-minute closing statement prior to deliberations in the same order as opening statements.


G.Deliberations shall by default include only the Enforcement Committee and Advocating Member. The Enforcement Committee can vote by an absolute majority to allow other individuals to be present, so long as the respondent is not present in the room during the deliberations.


H.The Enforcement Committee shall make a finding based on the preponderance of the evidence and implement a BSC PNG if either of the following conditions are met:
i. the respondent presents a risk of harm to self, others, or property.
ii. the respondent is found to have engaged in behavior or activities that would reasonably result in termination, if the respondent were a member.


I.In order to enforce a BSC PNG, the Operations Manager or designee of the Operations Manager shall distribute identifying information about the respondent to all major unit-level managers.


5.Overturning a BSC PNG

A. Appeals are not allowed for BSC PNGs. However, BSC PNGs may be overturned.
A current BSC member may request to overturn a BSC PNG of a non-member if there was a procedural irregularity, misapplication of the policy in regards to the facts, or if new evidence has come to light. A request for overturning a BSC PNG for any of these reasons must be requested by the member within five working days of the PNG proceedings. The ECSC will evaluate these issues based on the substance of the member’s request and determine what action if any is warranted.


B. If a potential member has previously been BSC PNGed and wishes to get a BSC contract, the potential member must present his request for a BSC contract to AdCom. AdCom members may vote to authorize a BSC contract only if the preponderance of the evidence shows that the following two conditions are met:
i. The potential member will not prove a risk of harm to self, others, or property.
ii. The potential member will not engage in conduct that is prohibited by BSC policies.
At least two thirds of voting AdCom members must agree that these conditions are satisfied. AdCom may also impose specific restrictions and conditions on membership, such as restricting the individual’s access to specific units or creating a conditional contract with specific behavioral expectations.