Cartae Sacrorum De Congregatio Americas

Americas Union Charter

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Article 32 - Disciplinary action to members

Members subject to laws of the Society (link)

Members to the Society are subject first and at all times to the articles of this Charter and all approved and valid laws of the Society.

The operation of the laws of the Society in relation to member discipline shall always operate on the principles of the presumption of innocence, the right to fair justice, rules of evidence and the conditional right of appeal.

Offences against the Society (link)

By this Charter, an offence shall be any act or intended act by an individual or group which willing contravenes this Charter and any subsequent laws having been ratified and upheld by the appropriate branches of the Society.

A Member may only face disciplinary action if the action is listed as an offence and a suit brought to hearing. By this Charter, two broad classes of alleged offences shall exist:

(i) Offences explicitly listed in this Charter, which may or may not result in automatic suspension of certain rights; and

(ii) Offences as defined by valid laws enacted and upheld by the appropriate branches of the Society.

Offences against an alternate Society (link)

The Union has first and higher claim of jurisdiction for all of its members against any claims of offences that may be brought against a member by an alternate non-Ucadian Society.

When any alleged offence is listed against a member of an alternate non-Ucadian society, an equivalent suit must be initiated within the Courts of the Union to enable the Society to hear the allegations against the member. All evidence and material held by the non-Ucadian society must then be relinquished to the higher jurisdiction for review.

When a Union court has a matter listed for review and hearing against one or more allegations against a member, no non-Ucadian society has any jurisdiction to usurp such authority and must yield to the higher jurisdiction.

However, should a suit fail to be created of equivalent charges and allegations by a Union court in a timely manner enabling the matter to be heard and resolved, then both the society and the member yield and claim of higher jurisdiction to the inferior non-Ucadian society.

As a matter of law and justice, all allegations must be heard and resolved no matter what society they are issued. The quashing of a charge in one court of a non-Ucadian society and jurisdiction does not automatically mean the matter cannot or should not be heard and resolved satisfactorily by the law within a court of the Union.

Right to hearing and appeal (link)

All members have the right to a fair appeal in accordance with the rules and procedures of the Society.

Disciplinary action of University members (link)

Where a member University is found to be in direct breach of an article of this Charter and upon written notification has failed to indicate either a willingness to comply, or has failed to make necessary steps to comply within 120 days, it shall be a requirement of the Supreme Council to pass such legislation that disciplines the member state as way of punishment for the non compliance.

In the framing of such punitive actions, the Supreme Council must make every effort to see that diplomatic representations are exhausted first before any economic action is considered.

Action to expel a member University from the Union is expressly forbidden under this Charter and any such legal act or motion shall be immediately deemed null and void, even if such action has the vote and support of other members.


Military action (link)

While the Union by its legal status holds primacy over its members in relation to the articles of this Charter, the sovereignty of University Society is without contest. Therefore any punitive action proposed against a member state that is in direct breach of one or more of the articles of this Charter must not consider military action as a course, unless it relates specifically to one of the following criteria:

(i) That an act of genocide against significant numbers of citizens of the member state is currently being undertaken with the knowing support of the Executive Government and that the Executive Government has refused to halt such actions after all other measures have been exhausted; or

(ii) That a coup has occurred removing a legitimately and duly elected Executive Government from power and that such leaders of the coup have refused after repeated requests to return democratic and legitimate rule to the people of the member state; or

(iii) That the law and order of the member state has failed to such an extent that the basic rule of law and institutions of civil society have broken or unable to operate properly.

In all cases, such action should be considered actions of last resort. Furthermore, where such action is approved, the restoration of the full sovereign rights of the nation should occur in the shortest possible time.