Member Suspension, Termination, and Expulsion Policy
1. Purpose and Authority This policy establishes fair and reasonable procedures for the suspension, termination, or expulsion of members of the Organization, consistent with Colorado Revised Statutes Title 7, Article 121, Section 7-126-302, and any applicable provisions of the Organization’s Articles of Incorporation and Bylaws. Unless otherwise provided in the Bylaws, this policy is adopted pursuant to the authority of the Board of Directors and shall govern all proceedings related to disciplinary action against members.2. Grounds for Suspension, Termination, or Expulsion A member may be suspended, terminated, or expelled for good cause, including but not limited to:
3. Requirement of Fair and Reasonable Procedure No member shall be suspended, terminated, or expelled except through a procedure that is fair and reasonable and carried out in good faith, as required by Colorado law. A procedure shall be deemed fair and reasonable if it complies with the notice and hearing requirements set forth in this policy or is otherwise fair and reasonable under all relevant facts and circumstances. 4. Notice of Proposed Action 4.1 Written Notice At least thirty (30) business days prior to the effective date of any proposed suspension, termination, or expulsion, the Organization shall provide the member with written notice that includes:
4.2 Method of Notice Written notice shall be delivered by emailand registered return receipt mail sent to the member’s last address as shown in the Organization’s records. 5. Opportunity to Be Heard 5.1 Hearing Rights The member shall be provided an opportunity to be heard, either orally or in writing, not less than ten (10) business days before the effective date of the proposed action. 5.2 Decision-Making Authority The hearing shall be conducted by one member of the Executive Committee, one member of the Board, and three members of the Ethics and Professionalism Committee. The group will review all materials and/or hear from the member and decide whether the proposed suspension, termination, or expulsion should proceed. 5.3 Procedure The hearing or review need not be formal or judicial in nature. The decision-makers shall consider the information presented and act in good faith in determining whether to proceed with the proposed action. 6. Decision and Effective Date Following the hearing or review, the authorized decision-makers shall:
The decision shall be final. 7. Effect of Suspension or Termination
8. Challenge to Disciplinary Action Any proceeding challenging a suspension, termination, or expulsion, including a claim of defective notice, must be commenced within one (1) year after the effective date of the action. 9. Non-Exclusivity This policy is intended to comply with Colorado law and shall be interpreted consistently with applicable statutes. To the extent the Bylaws provide additional or alternative procedures, the Bylaws shall control. 10. Adoption and Amendment This policy shall become effective upon adoption by the Board of Directors and may be amended or repealed by the Board in accordance with the Organization’s governing documents and applicable law. Click here to download the Member Suspension, Termination, and Expulsion Policy |