Resources

Original Document

ARTICLE I. Name.

The name of the Local shall be the Democratic Socialists of Metro Cincinnati & Northern Kentucky Local of the Democratic Socialists of America, a not-for-profit corporation.

ARTICLE II. Purpose.

The Democratic Socialists of Metro Cincinnati & Northern Kentucky Local of the Democratic Socialists of America seeks to facilitate the transition to a truly democratic and socialist society, one in which the means/resources of production are democratically and socially controlled.

DSA rejects an economic order based on private profit, alienated labor, gross inequalities of wealth and power, discrimination in all forms, including, but not limited to that based on race, sex, sexual orientation, gender identity, and brutality and violence in defense of the status quo.

DSA envisions a humane social order based on popular control of resources and production, economic planning, equitable distribution, gender and racial equality, and non-oppressive relationships.

Our conception of socialism is a profoundly democratic one. It is rooted in the belief that human beings should be free to develop to their fullest potential, that public policies should be determined not by wealth but by popular participation, and that individual liberties should be carefully safeguarded. It is committed to a freedom of speech that does not recoil from dissent, to a freedom to organize independent trade unions, women’s groups, political parties, and other formations – recognizing these as essential bulwarks against the dangers of an intrusive state. It is committed to a freedom of religion that acknowledges the rights of those for whom spiritual concerns are central.

We are socialists because we are developing a concrete strategy for achieving that vision. In the present, we are building a visible socialist presence within the broad democratic left. In the long run, we hope to build a majority movement capable of making democratic socialism a reality in the United States. Our strategy acknowledges the class structure of the U.S. society. This class structure means that there is a basic conflict of interest between those sectors with enormous economic power and the vast majority of the population.

ARTICLE III. Membership.

Section 1. Membership

Membership in the organization may be maintained by persons who are up to one year arrears in dues. Membership in good standing of the Metro Cincinnati & Northern Kentucky Local DSA will be defined as members whose dues to national DSA are paid in full, who reside and/or work in Hamilton, Butler, Warren and Clermont counties in Ohio and Boone, Kenton and Campbell counties in Kentucky. It will be the responsibility of members in good standing to approve policies and guidelines for the operation of the local chapter, to elect delegates to the national convention, to vote on matters related to national policy, and to make recommendations on issues and other matters to the National Political Committee of DSA.

Section 2. Excluded individuals

1. No Law Enforcement Officer, certified by the government to enforce the law, and no Prison Guard, whether employed by the government or a private company, shall be a member, and any member who becomes one may be expelled.
2. No person whose primary income (over 50% for at least 90 days) comes from being a landlord, shall be allowed membership, and any member who becomes one may be expelled. Members who collect rent from housemates, renting out the other half of a duplex, and members who are renting out their second home shall be exempt from this ban.
3. No person who profits from the labor of others shall be allowed membership, and any member who becomes such a person may be expelled.

Section 3. Removal of Members

If a full member is found to be in violation of the membership criteria established in Section 2, or in substantial disagreement with the basic principles of socialism, or if they are found to be consistently engaging in undemocratic and disruptive behavior the Local may vote to expel them from DSA. In order for such a finding to be made, another DSA member must formally prefer written charges against the member in question to the Local Steering Committee, which shall set the date of a Local meeting for deliberations on the charges. The member in question must receive a copy of the written charges and notice of the meeting a minimum of two weeks before that meeting takes place. Expulsion of a member or affiliate member requires a two-thirds vote of the Local meeting. An expelled full member may appeal to the National Political Committee of DSA.

Section 4. Dues.

The Local chapter may establish a Local pledge system of voluntary donations for its members.

ARTICLE IV. Local Meetings.

Section 1. Annual Membership Meeting.

The Local will hold a minimum of one Membership Meeting annually, and all members of the Local will receive three weeks’ written (or electronic mail) notice and an agenda of the Membership Meeting. The Membership Meeting will elect Local officers and may adopt an annual budget, set membership targets, and hire staff. It will review and approve or abolish all chapter priorities and frontline teams. In general, it is the highest body of the Local.

Section 2. General Meetings.

Barring extraordinary circumstances, the Local will hold General Meetings on a monthly basis, the time and place of which shall be set in a schedule published and distributed by the Local Steering Committee. The General Meetings will set Local policy and work priorities, and will include political education sessions.

The Local Steering Committee will set the agenda for General Meetings. In general, the General Meeting is the operating legislative body of the Local and the Steering Committee is directly subordinate to it.

Section 3. Emergency Meetings.

The Local Steering Committee may call an Emergency Meeting of the Local on five days’ notice when an urgent and important matter requires deliberation.

Section 4. Priorities.

Chapter Priorities are large-scale structural and/or campaign-based initiatives that require major sustained effort and resources which shall be carried out between their adoption and the next Annual Membership Meeting. All formations within the chapter should attempt to participate in the chapter’s priority campaigns where possible. The chapter will give these initiatives priority including but not limited to the following:

• time set aside at chapter regular meetings
• space on the website
• money from the budget
• and mobilization of new and inactive members.

Priority Resolutions must contain the following:

• A description of the goals of the chapter priority
• A description of the strategy and tactics planned for achieving those goals
• A timeline for implementation and execution, laying out milestones for at least every quarter until the next Annual Membership Meeting
• A budget laying out estimated expenditures for at least every quarter
• A leadership structure by which chapter members in good standing can be selected as leaders responsible for the day-to-day work of implementing the priority,
• A process (e.g. appointment by SC, designated members, or election) by which chapter members in good standing shall be selected to be leaders of the priority campaign.
• Methods by which the success of the priority campaign will be determined.

The Steering Committee shall put out a call for Priority Resolutions at least two (2) months prior to the Annual Membership meeting. Chapter Priorities can be changed, removed, and/or added at any General meeting or the Annual membership meeting.

To be considered, a Priority Resolution must have fifteen (15) signatures from members in good standing. New Priority Resolutions can be proposed for consideration by submitting a formal proposal to the Steering Committee at least one (1) month in advance of the Meeting at which they will be considered. The Steering Committee will make these proposals available for members to review at least two (2) weeks in advance of the meeting.

Each eligible Priority Resolution will first go before the membership individually, requiring a two-thirds (2/3) majority vote in order to advance to the prioritization process.

The prioritization process will be a ranked-choice election to select up to two (2) Chapter Priorities, with votes tallied by the Scottish Single Transferable Vote (STV) method. If two (2) or fewer Priority Resolutions advance to the prioritization process, all of those advanced will automatically be adopted.

Priority Resolutions which are not adopted may instead be submitted as a non-priority initiative or project at a subsequent meeting. Such non-priority initiatives or projects are not precluded from obtaining chapter resources such as time set aside at chapter regular meetings, space on the website, money from the budget, or mobilization of new and inactive members but will not be given priority.

In allocating limited resources such as money from the budget or mobilization capacity, the chapter, the Steering Committee, or any other body the chapter may designate with the responsibility to allocate resources, shall first ensure that Chapter Priorities receive resources consistent with their enacting Priority Resolution(s) before allocating such resources to non-priorities. Resources that by their nature are not strictly limited, such as space on the website, shall be allocated more freely.

If there are fewer than two (2) Chapter Priorities, a newly proposed Priority Resolution must receive a two-thirds (2/3) majority of votes to be adopted. If there are already two (2) priorities, membership can replace a priority by proposing a new Priority Resolution which must receive a two-thirds (2/3) majority of votes to be adopted. The membership must then vote to select one (1) priority to keep among the existing two (2) priorities. Any priorities adopted this way shall be undertaken between their adoption and the following Annual Membership Meeting, unless an alternate timeline is approved.

Section 5. Quorum.

A quorum of 75% of the averaged attendance of members at the last two General meetings is required to transact business at regular monthly meetings, and at the Annual Meeting.

ARTICLE V. Local Officers: Powers and Duties.

Section 1. Officers and Terms

The officers of the Local will be the Co-chairs, Secretary, and Treasurer. The term of office will be one year, and shall run from February 1 to January 31 or until their successors are elected.

Section 2. Vacancies.

In the event of a vacancy in any office, a special election for the remainder of the vacant member’s term shall be triggered within sixty (60) days after the opening of the vacancy if regular elections are not to be held within that time period. Special elections may coincide with a General Meeting.

Section 3. Co-chairs

The Co-Chairs will preside over Local Chapter and Steering Committee meetings or will appoint a substitute to assume the powers and duties of the presiding officer as specified in Robert’s Rules of Order, Newly Revised. The Co-Chairs will be the official public spokespersons for the Local Chapter and will facilitate such actions and policies as the Local Chapter’s general welfare may demand.

The Co-Chairs will also be responsible for coordinating the day-to-day operations and political work of the Local Chapter’s committees.

The Co-Chairs will report to Local Chapter Regular Meetings on the business of the Steering Committee Meetings, at which time a copy of the minutes of those meetings will be available for inspection.

The Co-Chairs must not both be cis men. Should only cis men be nominated for Co-Chair, one of the positions will be held open, and may be filled by a special election of an eligible member.

Section 4. Secretary.

1. The Secretary will be responsible for all correspondence and queries the Local receives, and for maintaining an up-to-date membership list of the Local. They will ensure effective communication with the national DSA.
2. The Secretary will be responsible also for the taking of minutes of all local and Steering Committee Meetings, and shall have custody of these minutes, and the resolutions, reports and other official records of the Local. They shall transfer official records in good condition to their successor. Official records shall include meeting minutes and member lists.

Section 5. Treasurer.

The Treasurer will be responsible for the funds and financial records of the Local. All funds collected by the Local will be turned over to the Treasurer, who shall deposit them in a bank account under the name of the Local. In cooperation with the Secretary, the Treasurer will be responsible for ensuring that membership dues are paid up-to-date. The Treasurer will prepare the annual Local budget, and deliver the Local financial report to the Membership Meeting of the Local, as well as periodic progress reports as requested by the Steering Committee of the Local.

Section 6. Additional Duties.

The Local Steering Committee may assign additional duties to an officer of the Local, so long as such assignments do not conflict with the designation of responsibilities outlined in these Bylaws.

ARTICLE VI. Steering Committee.

Section 1. Composition.

The Local Steering Committee will be composed of the officers of the Local and one at-large member for every hundred members of the local in excess of two hundred members as of January 1st up to a maximum of fifteen Steering Committee members. No individual may hold more than one Steering Committee position.

Section 2. Duties.

1. The Steering Committee administers the affairs of the Local and oversees the implementation of the decisions of the Membership and General Meetings; it may also propose policy to the Membership and General Meetings. It shall have the power to receive reports of any Committee or Branch, and advise thereon, to call emergency meetings of the Local, and to act on any matter that requires immediate and urgent action. The Steering Committee is the regular executive body of the Local and thus subordinate to its Legislative bodies, the Annual Membership and General Meetings.
2. The Local Committee will be responsible for establishing program activities for the Local chapter, for proposing guidelines and policies that will subsequently be voted on by full members of DSA, and for acting on the organization’s behalf between Local meetings.

Section 3. Meetings.

The meetings of the Steering Committee will be held at the call of the Co-chairs at such intervals as may be determined by a prior Steering Committee Meeting or by consultation with a majority of members of the Steering Committee. All members of the Steering Committee should be given three days’ oral or written notice of regular Steering Committee Meetings; a 24-hour notice may be given under special emergency circumstances.

Section 4. Quorum.

A quorum of ⅔ of the members of the Steering Committee is required for the transaction of Steering Committee business.

Section 5. Removal.

A member of the Steering Committee may be removed for nonfeasance by a three-quarters vote of the Steering Committee confirmed by the next General Meeting. A member of the Steering Committee who does not vote in more than 50% of of votes taken by the Steering Committee and does not attend meetings of the Steering Committee over a three month period is considered to have resigned unless a written explanation is provided to the other members of the Steering Committee and accepted by a majority vote thereof.

Section 6. Substructures.

The Steering Committee may create or remove such internal divisions and substructures to the Steering Committee as it deems necessary.

Article VII. Chapter Substructures.

Section 1. Definition.

Chapter substructures are committees, working groups, and sections created by the chapter to fulfill a specific purpose within the chapter. Each shall have a charter – which outlines their responsibilities – and co-chairs – in charge of coordinating the work of the substructure.

Section 2. Structure.

All substructures shall have – whenever possible – at least two Co-Chairs approved and removable by the General Membership. Co-Chairs are charged with running, coordinating, and regularly reporting on the work of their Substructure to leadership and the chapter.

Section 3. Charters.

With the exception of special ad-hoc committees, to establish a substructure, a charter must be proposed and ratified at a General Meeting or the Annual Membership meeting.

Substructure charters may be amended by a majority vote at a General Meeting, Emergency Meeting, or the Annual Membership Meeting. The Steering Committee, or any body designated by the Steering Committee, shall be responsible for ensuring a proposed charter – and any proposed amendments to a charter – meets the requirements as described within the appropriate section before being discussed at a General Meeting, Emergency Meeting, or the Annual Membership meeting.

The Steering Committee, or any body designated by the Steering Committee, shall be responsible for creating charter templates for each type of chapter substructure.

Section 4. Responsibilities.

Substructures shall be responsible for:

• carrying out the work as described within their charter;
• carrying out any additional work tasked to them by the Chapter at a General Meeting, Emergency Meeting, or the Annual Membership Meeting;
• incorporating the work of any priority campaigns into their work;
• making sure members and leadership have access to their meetings and any notes taken at them; and
• regularly documenting the successes and/or failures of their work to be summarized and presented at the Annual Membership Meeting.

Additionally, Substructures shall conduct their internal affairs in a democratic manner, abide by the processes and policies of the chapter, promote diversity of participation and leadership that reflects the diverse working class, hold regular meetings and encourage democratic participation in the operations of the Chapter.

The Steering Committee shall be authorized to intervene if a Substructure fails to meet any of the described responsibilities.

Section 5. Powers.

Substructures are authorized to implement the tactics and strategies which are described within their charter or which have been delegated to them by the General Body.

Any decision made by a Substructure may be overturned or amended at any General Meeting, Emergency Meeting, at the Annual Membership Meeting, or by the Steering Committee.

One time events or tactics beyond the scope of their charter shall require approval by the General Membership or the Steering Committee.

On-going events or tactics beyond the scope of their charter shall require that a Substructure charter be amended to describe the new work, unless the new work is determined to be necessary to carry out other responsibilities as described within their charter or is a basic expectation of organizing (e.g. tabling, flyering for their issue or events, listwork).

These determinations shall be the responsibility of the Steering Committee or General Membership.

Requests for chapter resources shall be approved on a case-by-case basis by the Steering Committee or General Membership, unless already explicitly described within the charter.

Section 6. Dissolution and Expiration.

Any Substructure may be dissolved at any General Meeting, Emergency Meeting, or the Annual Membership Meeting.

Any Substructure which does not meet for a period of 3 months shall be considered inactive and may be dissolved by a majority vote of the Steering Committee.

Upon the dissolution or – in the case of Working Groups – expiration of a Substructure, the substructure’s Co-Chairs shall ensure that all meeting notes and chapter resources are returned to the Chapter.

Section 7. Working Groups.

A Working Group is a substructure of the Local tasked with carrying out chapter work in specific areas of struggle as described in a charter.

Working Group charters shall include:

• A group name.
• Mission statement and objectives.
• Strategy for achieving the stated objectives.
• Specific tactics the Working Group shall be authorized to carry out, and if applicable, a rough timeline for these tactics.

If it is anticipated that the proposed chapter body will seek authorization to expend the chapter’s funds, a short explanation of the anticipated use of those funds and estimate of the amount to be spent. A statement of whether the proposed working group is set to expire at the next Annual Membership Meeting, set to expire at an earlier time, or upon the occurrence of a specified event prior to the next Annual Membership Meeting.

Any resolution proposing a new Working Group or the reauthorization of a new Working Group shall require the signatures of at least five (5) members in good standing willing to bottomline the work described within the charter before being considered.

Working Group charters may be amended by a majority vote at a General Meeting, Emergency Meeting, or the Annual Membership Meeting. Any Working Group which does not submit an updated charter for re-authorization at the Annual Membership Meeting, or whose updated charter is not ratified, shall be dissolved.

No more than one working group co-chair may also be a member of the Steering Committee.

Section 8. Committees.

A Committee is a substructure of the local that exists until specifically abolished by a vote of a General Meeting, to fulfill essential chapter functions.

Committee charters shall include:

• A committee name.
• A description of ‘essential chapter functions’ which will be the committee’s responsibilities.
• The way in which the committee shall be authorized fulfill these responsibilities.

If it is anticipated that the proposed committee will seek authorization to expend the chapter’s funds, a short explanation of the anticipated use of those funds and estimate of the amount to be spent on a quarterly basis.

Any resolution proposing a new Committee shall require the signatures of at least five (5) members in good standing willing to bottomline the work described within the charter before being considered.

If applicable, at least one co-chair should be a member of the steering committee whose office most closely relates to the essential chapter functions described within the committee charter.

Section 9. Special Ad-Hoc Committees.

In addition to committees created through the above process, the chapter, through a majority vote of either a General Meeting or the Steering Committee may create special ad-hoc committees for a specific, short term effort such as research prior to establishing a working group or normal committee or priority campaign, the planning of a single event, the creation of a specific chapter resource, or other efforts as determined by the chapter. They shall be dissolved as soon as their task is complete.

The chair(s) of ad-hoc Committees are appointed and replaceable by either the General Meeting that creates them or by the Steering Committee. Ad-hoc Committees may also be dissolved by a majority vote of the body that created them or any body higher than the body that created them. Nomination committees as described within ARTICLE X section 2 shall be considered one of these special committees.

Section 10. Sections.

A section is a substructure of the local in which members with a shared identity, interest, or geographic location come together to socialize and discuss shared organizing issues. Sections should focus the majority of their organizing energy internally with the goal of connecting and engaging members of the chapter who fall under their defined identity, interest, or location. External organizing efforts shall be to recruit more members of their defined identity, interest, or location into the chapter.

Sections shall strive to be politically neutral spaces and shall not take stances on political issues before the chapter.

Section charters shall include:

• A Section name.
• A description of what identity, interest, or geographic location the section represents
• A description of how the section will connect members of the identity, interest group, or geographic location the section represents.
• A description of how the section will engage and recruit non-members of the identity, interest group, or geographic location the section represents.

If it is anticipated that the proposed section will seek authorization to expend the chapter’s funds, a short explanation of the anticipated use of those funds and estimate of the amount to be spent on a quarterly basis.

Any resolution proposing a new non-geographic section shall require the signatures of at least five (5) members in good standing willing to bottomline the work described within the charter before being considered.

Any resolution proposing a new geographic section, which may also be called branches, shall require the signatures of at least fifteen (15) members in good standing who reside within the geographic location described within the charter before being considered. No two geographic sections shall overlap.

Section co-chairs should – whenever possible – not be members of the steering committee and should be members of the identity, interest group, or geographic location the section represents.

ARTICLE VIII. Delegates to National, Regional, and State Bodies.

Section 1. Convention.

Local delegates and alternates to the National Convention will be elected by full members of the Local Chapter of DSA. Elections for the National Convention delegation shall be held on the schedule announced by the national organization.

ARTICLE IX. Prohibited Activity.

Democratic Socialists of Metro Cincinnati & Northern Kentucky Local shall not engage in activity prohibited by the IRS guidelines established for 501 (c) 4 organizations or similar rules established by the states of Ohio and Kentucky. Nor shall the local engage in any activity prohibited by resolutions adopted by DSA’s National Convention or DSA’s National Political Committee.

ARTICLE X. Elections, Nominations, and Recalls.

Section 1. Nomination Committee.

Whenever an election is required to be run, a Nominations Committee shall be formed.

The Nominations Committee shall:

1. Be composed of at least three (3) members of the chapter who are not candidates in the election
2. Be in charge of running the election, which includes the responsibility to:
   • Collect candidate nominations
   • Collect candidate statements
   • Distribute candidate statements to all members
   • Create and distribute the ballot
   • Announce the results of the election to all members within three (3) days of the election finishing

All members of the Nomination Committee shall receive training on how to run an election by someone who was on a previous Nominations Committee or by the chapter’s Secretary.

Section 2. Elections.

All elections shall be announced at a minimum three (3) weeks before they are held.

Members shall have a minimum of two (2) weeks to submit candidate nominations and statements.

Voting shall be held virtually using voting software, and members shall have a minimum of one (1) week to vote in the election.

• Scottish Single Transferable Vote will be used when the number of candidates is greater than the number of seats.
• Approval Voting shall be used when the number of candidates is less than or equal to the number of seats.
• In the event of a tie, the election can be repeated.

Section 3. Recalls.

Members may petition for the removal of a Steering Committee member, or for the dissolution of the entire Steering Committee (which is defined as the removal of all Steering Committee members from their elected offices). Such a petition requires signatures from at least two-thirds of the current meeting quorum, and shall be delivered to the Steering Committee.

Upon receipt of a recall petition, the Steering Committee shall include a recall vote into the agenda of the next general meeting. Alternatively, the petition may include a member-led call for an Emergency Meeting, at a date and time specified in the petition. In either case, the membership must be issued written notice about the removal or dissolution vote at least two weeks in advance.

No Steering Committee member may preside over the vote for their own removal. Another Steering Committee member may preside over a recall vote for an individual. A petition to dissolve the Steering Committee must specify an individual who will preside over the dissolution vote.

A vote to confirm the removal of a single Steering Committee member requires a simple majority. A vote to confirm the dissolution of the Steering Committee requires a two-thirds majority vote.

If the meeting for which the removal or dissolution vote is scheduled fails to meet quorum or is canceled for any unforeseen circumstance, another General Meeting or Emergency Meeting must be scheduled within the next thirty days at which the question will be considered.

ARTICLE XI. Amendments.

Proposed amendments to these Bylaws must be made by written resolution, endorsed by five members of the Local chapter of DSA, and submitted to the Steering Committee a month in advance of a Membership or General Meeting. The Steering Committee is required to provide the Local membership with two weeks’ written notice of the proposed amendments. The amendment must be approved by a majority vote of two consecutive Local meetings or by a two-thirds vote of the Annual Membership Meeting.

ARTICLE XII. Rules of the Local.

Section 1. Rules.

The Rules contained in Robert’s Rules of Order, Newly Revised, shall govern this Local in cases to which they are applicable and in which they are not inconsistent with these Bylaws. Consensus decision-making is desirable where feasible, but meetings must submit to Robert’s Rules of Order upon the request of a member.

Section 2. Action Out of Order.

Any action taken by an officer or member of the Local in contravention of these Bylaws is null and void.

ADDENDUM I. Harassment Grievance Policy.

The Greater Cincinnati and Northern Kentucky chapter of the Democratic Socialists of America (“DSA Cincy”) is committed to creating a space that is welcoming and inclusive. The following policy provides guidelines to ensure that everyone is able to organize without harassment, abuse, or harm.

Harassment & Grievance Officers (HGO)

1. HGOs shall be elected for a one-year term by chapter membership. Chapter membership will elect a minimum of two HGOs.
   • In the event that fewer HGO election candidates are available than open positions, the Steering Committee shall be responsible for outreach to potential candidates.
   • HGO positions may not be appointed; HGOs must be approved by chapter membership by majority vote even in uncontested elections.
2. No individual may hold a steering position and HGO position simultaneously.
3. HGOs shall be responsible for investigating and mediating harassment and grievance accusations levied upon local chapter members in accordance with all local and national DSA bylaws and resolutions.

Scope

1. Prohibited behavior.
   • Members shall not engage in harassment on the basis of (including, but not limited to) sex, gender, gender identity or expression, sexual orientation, physical appearance, disability, race, color, religion, national origin, class, age, or profession. Harassing or abusive behavior, such as unwelcome attention, inappropriate or offensive remarks, slurs or jokes, physical or verbal intimidation, stalking, inappropriate physical contact or proximity, and other verbal and physical conduct constitute harassment when such conduct has the purpose or effect of creating a hostile environment interfering with an individual’s or group’s capacity to organize within the Cincinnati Metro area.
2. Other complaints.
   • Grievances about harassment based on categories or situations not encompassed by those listed in section 1.a.i. including any retaliatory behaviors defined in section 4 will be evaluated at the discretion of the Harassment Grievance Officers
3. Standing to file a complaint.
   • Members or close organizing allies (COAs, defined as non-members working with DSA Cincy in coalition actions or participating in DSA Cincy chapter or subgroup organizing activities) should follow the standard DSA Cincy complaint process as set out in the following sections if they believe they have been harassed by another DSA Cincy member or close organizing ally. These individuals are accountable to follow local bylaws and codes of conduct while participating within DSA events.
   • There will be no time limits requiring the accuser to file a report within any amount of time after the alleged harassment has occurred, but the nature of evidence and memory means that prompt filing will typically ease investigation.
   • No level of membership standing is required to contact HGOs with concerns or grievances.
   • Allegations against DSA members regarding occurrences outside of DSA events may be investigated at the discretion of HGOs.
4. Remedies and penalties.
   • The response to a report that is found credible must may include a formal discussion between the accused, and SC/ the local Steering Committee, and HGORs to develop a plan to change harassing behavior(s); this may include:
     1. suspension from chapter participation
     2. removal from chapter committee(s);
     3. removal from chapter membership;
     4. any and all other relief deemed necessary and just by the chapter or national leadership.
   • COAs accused of reports that are deemed credible or who refuse to participate in the grievance process may be barred from chapter activities including work done with coalition partners.
   • Refusal to cooperate in an HGO investigation by a chapter member will be escalated to the Steering Committee for immediate remedy or penalty.
     1. “Refusal to cooperate” is defined as an absence of contact with HGOs longer than seven days during an active grievance, disregarding local or national HGO bylaws/resolutions, retaliation, refusal to abide by a grievance outcome, or other obfuscation, undermining or impeding of an HGO investigation.

Reporting Protocol and Timeline

1. Making a complaint.
   • The person making a complaint (claimant) can email a harassment grievance officer with details about the complaint via [email protected] to inform the HGOs of the names of people involved in the incident(s) and a description of the incident(s) claimed to be harassment. This information must remain confidential only to HGOs and to Steering Committee members who have signed confidentiality waivers. A HGO will respond to the claimant to note that the claim has been received and share a copy of this grievance protocol and timeline. The HGO can also ask for clarification of facts at this time and may suggest that the claimant and accused not have contact with one another during the course of the grievance process. A HGO may contact the Steering Committee about the existence and/or substance of the claim at any time during the process but must notify claimant and accused before doing so.
2. Contacting the accused.
   • An HGO will contact the accused member or COA within seven days to notify them that a report has been filed against them and request a written response to the report either affirming or denying its substance.
   • The HGO will also provide this grievance protocol and timeline to the accused and may suggest that the accused and claimant not have contact with one another during the course of the grievance process. A HGO may contact the Steering Committee about the existence and/or substance of the claim at any time during the process but must notify both claimant and accused before doing so.
3. Response from the accused.
   • The accused will submit their written response to the claim within seven days of being notified of the accusation(s) by an HGO. Participation in the grievance process is a requirement to remain a member in good standing (see section 2.d.iii.). A member’s failure or unwillingness to respond will trigger a report to the SC from the HGO stating this. A COA who is unwilling to participate in the grievance process will be subject to judgment by the HGOs to set a penalty based on the details and severity of the claimed harassment.
4. Finding resolution.
   • If the accused affirms in substance that the claim is accurate, the HGOs will agree on an appropriate remedy or penalty and follow the protocol below in 2.f.
   • If the accused denies all or a meaningful portion of the claim, during the following 10 days the HGOs overseeing the dispute will investigate the report by interviewing other members or COAs with direct knowledge of the substance of the report; requesting documentation from either the claimant or accused or any other parties directly involved; or employing any and all means deemed necessary to gather information, all with the utmost respect for the confidentiality of the parties involved.
5. Adjudicating credibility.
   • As soon as possible within 30 days of the initial filing, the HGOs must reach agreement on the credibility of the claim based on all the information available to them.
   • A claim is considered credible if the HGOs believe it is more likely than not that the alleged harassment actually happened or if both claimant and accused agree that it happened. At this time, the HGOs should also agree on remedies or penalties that seem appropriate to the scale of the incident(s) found credible.
6. Notification of parties involved.
   • Upon reaching completion of the investigation per 2.e. Above, HGOs will proffer and obtain signed confidentiality waivers from all members of the Steering Committee.
     1. A Steering Committee member’s refusal to sign a confidentiality waiver shall be interpreted as their recusal from the entirety of the case’s discussion and outcome deliberation.
   • Claims not found credible
     1. The HGOs will promptly notify both the claimant and the accused as well as the SC that the information at their disposal did not allow them to find it more likely than not that the claimed incident(s) occurred as described or constituted harassment. The HGOs will also inform both parties of the appeal process.
   • Claims found credible.
     1. The HGOs will provide the Steering Committee with a written report and recommendation for disciplinary action.
     2. The Steering Committee will schedule an executive session with the HGOs, during which they will discuss the report and HGO recommendation. The SC will decide whether to implement the recommended response or set a different one.
     3. HGOs will promptly notify the claimant and accused of the credibility finding within seven days of the Steering Committee decision.
        • The accused will also be informed of the chosen sanctions and how they will be implemented and the harassed claimant will also be given this information.
        • The HGOs will also inform both parties of the appeal process.
        • In the case of a member who is expelled from the chapter, chapter members can be notified by the SC that this member was removed for cause but the claimant’s identifying details will not be made public in any way.

Appeal process

1. Filing an appeal
   • Either party may appeal the decision or form of relief in a harassment/ grievance case by contacting the NHGO directly.
   • It is recommended to alert the local HGOs and Steering Committee of the appeal, but it is not required by the appealer.
2. Grounds for appeal
   • The limited grounds for appeal are:
     1. if either party believes their behavior was not interpreted using the standards for harassment set out in this document.
     2. if there were procedural errors, misconduct, or conflicts of interest which affected the fairness of the outcome; or
     3. if the remedy or penalty determined was grossly disproportionate to the violation committed.
3. Appeal investigation
   • Harassment & Grievance appeals will be decided by DSA’s National Political Council (NPC), and will be investigated by its Harassment & Grievance Office (NHGO). Only in the case of expulsion may the outcome decision of the NHGO investigation may be appealed once further, to an Annual DSA Convention.
     1. If the NPC decision is not further appealed to the soonest occurring Annual DSA Convention by any party, the NHGO outcome decision shall become fully binding.
     2. The National DSA Convention’s decision on the appeal may not be appealed further. A National DSA Convention decision on an appeal is considered final and binding.

Retaliation

1. Prohibition on retaliation
   • Retaliation against any individual for bringing a grievance or complaint of harassment pursuant to this policy, or against any person who participates in an investigation or resolution is strictly prohibited. Retaliation is considered Prohibited Behavior pursuant to Section 2 of DSA Cincinnati Metro Harassment & Grievance Policy.
   • If any Retaliatory Behavior is suspected or observed, the witness must immediately escalate the situation to the most immediate uncompromised (i.e. non-source of retaliation) individuals:
     1. The local HGOs
     2. The local Steering Committee
     3. The NHGO
   • Retaliation will be investigated as a separate incident than the original HGO investigation it arose from.
2. Retaliatory behaviors
   • Retaliation includes but is not limited to:
     1. Confidentiality breaches.
     2. Filing grievances in bad faith.
     3. Organizing within or outside DSA to avoid accountability.
     4. Publicly disparaging claimant/accused or others involved in the investigation.
     5. Vigilantism/self-help measures. (e.g. contacting an employer or family member).
     6. Escalation of conflict.
     7. Manipulating chapter election processes.
     8. Failing to reveal a conflict of interest, or failure to recuse.
     9. Sabotage of chapter work or resources.

Confidentiality, Recusal, Conflicts of interest

1. Confidentiality
   • Contact between accused, claimant, and witnesses with the HGOs is to be considered privileged and confidential information. HGOs may only share this information amongst each other during the course of an HGO case, or with the SC only during an executive session.
   • A written waiver of agreement to maintain confidentiality must be obtained from Steering Committee members prior to executive session discussion on a grievance.
     1. Refusal by an SC member to agree to maintain confidentiality in writing is to be interpreted as that member’s recusal from the entirety of the case.
2. Recusal
   • Recusal is defined as withdrawal of an individual from overseeing aspects they were elected to preside over, typically due to personal bias or a conflict of interest.
   • All elected officials of the local chapter are expected to disclose personal biases or conflicts of interest.
   • Romantic, financial, and close personal (e.g. family member, roommate) relationships between any party to a grievance and any elected DSA official are automatically considered to be personal bias.
   • The SC may hold a majority vote to bar an HGO or SC member(s) from further participation in a grievance investigation or executive session if a conflict of interest is discovered.
   • Should a majority of the SC (or all HGOs) recuse themselves or be barred, the grievance must be transferred from the local chapter to be handled by the NHGO.

Rule of supersession

1. In the event of any contradiction between Harassment & Grievance policy at the local level and the national level, the national policy is to be considered superior and shall supersede the local policy.