ARTICLE V:
Suspension, Removal From Office, or Expulsion

SECTION 1: Cause

National Officers and members of the National Board may be impeached, (charged or accused), suspended, removed from office, or expelled from the AGIF Organization for the following reasons only:

Disloyalty to the United States or to This Organization manifested by either open and obvious or overt actions or statements, or by covert methods; in either case, such actions or statements as are calculated to be treasonable conduct!

Misconduct in office of the type which is continuously disruptive and/or destructive of any AGIF Organization.

Misappropriation of funds.

Notorious improper or immoral conduct which brings shame, disruption and is destructive of the AGIF.

Conviction by Federal or State authorities of a felony class criminal offense.

Proven sexual harassment in employment outside of any AGIF Organization as recognized and adjudicated by any State or Federal jurisdiction at the administrative level or at a court of law level if appealed thereto, or if found guilty of sexual harassment within the AGIF structure guided by State standards wherein the accused resides and/or by Federal standards.

SECTION 2: Presentation Of Charges

In any and all cases, AGIF National, State, Local or At-Large, the charge(s) must be presented in the way of a written Complaint and must be specific, particular, clear, written or typed, dated, and signed by the Accuser under oath. The specific charges must contain which of the violation(s) under this Constitution, as set out in Article V, Section 1, A thru F above, are applicable in the case. Charges against officers and members beneath the National AGIF level may also be brought under AGIF State Constitutional provisions provided that same are not less severe than those hereunder and that all the procedural due process provisions hereunder are observed as a minimum.

When the Complainant is a fellow National Officer or member of the National Board, the Complaint shall be filed directly with the National Executive Director who shall thereupon furnish the accused and members of the Board with a copy of same.

When a Complaint is filed by an ordinary member against a National Officer or National Board member, it must be filed with the respective AGIF State Organization of the complainant. It shall then be forwarded to the National Executive Director, and to the National Commander.

If the accused National Officer or AGIF National Board Member is a member of the same AGIF State Organization as the complainant, the Complaint shall be filed with the National Board directly, with copy to the National Commander.

The charge or charges must also contain the discipline sought:

Verbal reprimand with corrective guidance and counseling;
Impeachment with possible Suspension of GI Forum membership not to exceed three (3) months; or

Removal from AGIF Office, or

Permanent expulsion from all AGIF Organization membership privileges.

SECTION 3: Investigation Of Charges

The National Board shall cause an investigation of the charges, and pursuant thereto shall appoint an Investigative Committee of three AGIF Members from any AGIF Organization level to investigate. After such investigation, the Investigative Committee findings will be reviewed with the National Commander, the National Vice-Commander, the GI Forum Chairwoman the GI Forum Youth Chair, and the National Executive Director. They will determine whether or not the Complaint has merit.

Should the Complaint be filed against the National Commander, Vice-Commander or the national AGIF Chairwoman or the Youth Chair then the next succeeding national AGIF officer shall be one of those reviewing the findings.

The National Executive Director, as necessary, shall seek legal counsel from the National Legal Advisor, and the National Parliamentarian, both of whom shall be considered eligible to sit in any aspect of the decision making process regarding these matters; they shall have only a voice but no vote.

When it is determined that the Complaint lacks sufficient evidence to support the allegations and the complainant is unable to furnish additional supportive evidence within a reasonable time, not to exceed 45 days, the Complaint will be dismissed as without merit. All parties concerned will be notified about such event in writing by the National Executive Director.

When it is determined that a Complaint has merit, and the nature of the Complaint warrants Mediation to help resolve or settle the controversy involved in the Complaint, efforts should be made at Mediation before a formal hearing is scheduled. The National Legal Advisor and the National Parliamentarian, and a third member of the AGIF appointed by the National Commander shall serve as the Mediation team. If Mediation is successful the matter shall be considered closed.

When settlement at Mediation fails, the National Executive Director shall immediately schedule a hearing prior to the start of business of the following Mid-Year Conference or the National Conference, whichever comes first. The National Executive Director shall notify al parties of the dates, time and location of said hearing.

SECTION 4: The Hearing

The National Commander shall appoint a Hearing Panel and appoint its Chair, composed of National Board members of no less than five (5) in number. The National Commander may serve on the Hearing Panel and may also serve as its Chair. The appointed Panel and its Chair shall conduct the hearing. The National Legal Advisor and/or the National Parliamentarian may be present for the duration of the Hearing. He/She, or they shall advise the Chair and the Panel, but shall not have a vote.

Hearings At All AGIF Levels To Be Informal

All AGIF hearing committees, panels or bodies shall not be governed by the strict rules of evidence as is observed in American (U.S.A.) jurisprudence, and hearings whether at the AGIF national, state or local level, shall be informal. Ordinary law court procedures or dilatory tactics used to prevent a timely hearing and/or ruling shall not be allowed.

All hearing proceedings, however, shall be reduced to writing, as much as practical, particularly decisions and other crucial aspects of all proceedings so that if an appeal is taken the higher (appellate) AGIF authority may be able to Review lower level proceedings totally.

The National Legal Advisor and/or the National Parliamentarian shall represent the interests of the AGIF Organization. The National Legal Advisor and the National Parliamentarian shall not represent the personal interests of a National Officer or National Board Member, unless the Complaint is from outside of the AGIF Organization.

The Charging Party will present his/her testimony, and the Panel shall allow for Charging Party's witness/es testimony, and all other evidence to be considered. The members of the Panel have a right to question the Charging Party and his/her witness/es.

The Charging Party shall have the right and the option to legal representation.

The Accused shall have the right and the option to legal representation, and both parties shall be free to present live witnesses, documents, affidavits, pictures, videos, etc, in the way of evidence.

The Charging Party and the Accused shall each have the right to one peremptory challenge to a Hearing Panel appointee. On the appointee being so challenged (removed), the National Commander shall appoint another member in his/her place.

At such Hearings, when the Accused and the Accuser have legal
representation, the Panel and the respective legal representatives only shall have the right to cross examine the witness/es and the testimony of the Parties.