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Article V
DISCIPLINE
Section 1. American Kennel Club Suspension.
Any member who is suspended from the privileges of the American Kennel Club automatically shall be suspended from the privileges of the Club for a like period.
Section 2. Advertising.
No member of this Club may state in any printed materials or written advertisements for his stock or kennel that he is a member of this Club. To refer to membership in this Club of any such advertisement would be a violation of these By-Laws and would subject such a member to disciplinary action.
Section 3. Selling.
No member of this Club may sell Chow Chows to dealers or to pet shops. To do so would subject such a member to disciplinary action.
Section 4. Charges.
Any member may prefer charges against another member for alleged violation of these By-Laws or any other conduct prejudicial to the best interests of the Club or breed. Written charges with specifications must be filed in duplicate with the Recording Secretary, accompanied by a deposit of thirty dollars ($30.00) which shall be forfeited if such charges are not sustained by the board following a hearing. The Recording Secretary shall promptly send a copy of the charges to the accused and request a response within twenty (20) days. Upon the expiration of said twenty (20) days, the Recording Secretary shall send a copy of the charges and the response, if any, to each member of the Board or present them at a board meeting. The Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the Club or the breed or a violation of these By-Laws. If a majority of the Board considers that the charges do not allege conduct which would be prejudicial to the best interest of the Club or of the breed or a violation of these By-Laws, it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the charges, the accused and the accuser have the option of presenting their cases in writing to the Recording Secretary or appearing in person. The Board will consider the case at their next in-person meeting. The Recording Secretary shall promptly send to the accused member, by registered mail, a notice of the hearing as an assurance that the accused may personally appear in his own defense and bring witnesses if he wishes.
Section 5. Board Hearing.
The Board shall have complete authority to decide whether counsel may attend the hearing, and to set other procedural and evidentiary rules, but both the accuser and the accused shall be treated uniformly in this regard. Should the charges be sustained after hearing all the evidence and testimony presented by the accuser and accused, the board may, by a two-thirds (2/3rds) majority vote of those present, suspend the accused from all privileges of the Club for not more than six (6) months from the date of the hearing or until the next annual meeting if that will occur after six (6) months. If it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict the defendant's right to appear before his fellow members at the ensuing club meeting which considers the recommendation of the Board. Immediately after the Board has reached a decision, its finding shall be put in written form and filed with the Recording Secretary. The Recording Secretary shall then immediately notify each of the parties of the decision and penalty, if any. If the charges are upheld, the thirty dollar ($30.00) deposit paid by the accuser shall be returned.
Section 6. Expulsion.
Expulsion of a member from the Club may be accomplished only at the annual meeting of the Club following a hearing and upon the recommendation of the Board as provided in section 5 of this article. The defendant shall have the privilege of appearing in his own behalf though no evidence shall be taken at this meeting. The President shall read the charges and the findings and recommendations, and shall invite the defendant, if present, to speak in his own behalf. The meeting shall then vote by secret written ballot on the proposed expulsion. A 2/3rds vote of those present and voting at the Annual Meeting shall be necessary for expulsion. If expulsion is not so voted, the suspension shall stand.
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