A Guide to Legislation

How well do you know the laws that govern your membership in Kappa Psi? Constitutions, by-laws, ordinances, and policies are common in our society — and working with them in Kappa Psi will better prepare you for what you face in practice.

Bylaws and ordinances are the written rules that guide the internal affairs of an organization. They define an organization's name, purpose, membership requirements, officer responsibilities, and how meetings are conducted. Bylaws serve as legal guidelines and can be challenged in court if violated — they are distinct from standard operating procedures or policies, which tend to govern day-to-day operations without the same force of law.

Your ordinances should only include chapter- or province-specific additions that reflect your preferences for conducting business. Extensive operational detail is better placed in chapter or province policy, keeping ordinances focused and infrequently changed — ideally reviewed annually, but no more often than every few years.

Robert's Rules of Order defines quorum as the number of members required to be present in order for business to be validly transacted — referring to those present, not those actually voting on a specific question. The Constitution & By-Laws address quorum in six key situations:

Chapters with large rosters or "lifetime membership" arrangements may find quorum especially difficult to reach. Chapters can address this by writing good-standing requirements into Ordinance 2 — such as past meeting attendance or participation in social or philanthropic events. A minimum whole-number quorum floor is also worth considering for very small chapters (e.g., a technical 1/5 of 10 members is only 2 people).

Before drafting or revising ordinances, review Uniform Collegiate Chapter By-Law XVI, Section 2 (same section in Graduate By-Laws; Province By-Law XIII, Sec 1), which establishes that local ordinances are additions to the Uniform By-Laws — not replacements. The numbering and organization of ordinances must correspond to the equivalent By-Law sections.

When interpreting the Constitution & By-Laws, Sergeants-at-Arms and Parliamentarians should first reference the Uniform By-Laws, then the chapter's local ordinances for any chapter-specific additions. Chapters that have not updated in more than five years should consider starting fresh from a new set of ordinances.

Questions about ordinance updates? Reach out to the Grand Counselor.

If a brother doesn't pay their dues, the chapter still owes them. The only way to remove financial responsibility is expulsion — which is specifically permitted under By-Law III, Section 1 for refusal to pay dues. Once expelled, there is no return (By-Law I, Section 3: "membership shall continue for life, except in the case of expulsion").

Before pursuing expulsion, chapters have two paths:

Note: this does not apply to brothers who take a year off school or drop out, as they are technically "not enrolled" and can be removed from the roster after proper notification to the Central Office. If those brothers return, they must be added back upon re-enrollment.

Required committees are defined in Uniform Collegiate Chapter By-Law VII, Section 1. Any committees beyond those listed in Sections 1 and 2 earn extra points on the Chapter Progress Report.

All committees must meet at least once a month (or at the call of the Chair for Graduate Chapters), record minutes, and report activities at regular chapter meetings. No program or activity may commence until approved by the Chapter — this is especially important for anything requiring attendance or incurring a financial burden (By-Law VII, Section 7).

The Executive Committee is the only committee authorized to approve events or funding outside of chapter meetings — but all such actions remain subject to Chapter review and approval.

The Judiciary Committee reviews charges for validity and can recommend a course of action — including punishment — but any recommendation must be approved by the Chapter. Standard disciplinary procedure, when charges are sustained, is outlined in By-Law III of the Uniform By-Laws.

At the chapter level you have a deliberative assembly of individual voters. At the province and international levels you have a convention of delegates. Robert's Rules of Order Newly Revised (RONR) defines four categories of voting membership in a convention: accredited delegates, presidents of constituent units, incumbent officers at the convention level, and accredited alternate delegates.

Three major parliamentary authorities are aligned on this issue:

The underlying issue is that proxy voting is incompatible with a deliberative assembly where membership is individual, personal, and nontransferable. If deliberations change, should the proxy vote change? If a vote is by voice, how does one person accurately represent ten votes? These unresolved questions are why all three references discourage proxy voting — and why a proxy task force exists within Kappa Psi to evaluate the question.

Adherence to RONR depends on the size and formality of the setting. In large settings such as GCC or Province, strict procedure ensures efficiency while giving all members the opportunity to speak. In smaller settings such as a chapter committee, RONR itself acknowledges that guidelines may be looser.

At GCC, the most common motions are main motions, motions to amend, points of order, and minor motions (division, call the question, refer, table, etc.). Motions have a priority order — some will be ruled "out of order" if introduced at the wrong time.

Kappa Psi is a non-profit organization classified under 501(c)(7) — "social clubs." Although national college fraternities could appear to qualify under 501(c)(10) (domestic fraternal societies), case law — specifically Zeta Beta Tau Fraternity vs Commissioner — explicitly excludes them via treasury regulations.

Never sign a legal document without review by at least your GCD and one other person with contract experience (such as a faculty advisor). When reviewing venue or hotel contracts, watch for: