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Kappa Alpha Psi Fraternity, Inc.
MIDDLE WESTERN PROVINCE

Adolphus M. Pruitt, II
Polemarch
(314) 534-1575 / FAX (314) 535-9682
E-Mail: Polemarch@KAPsiMWP.com
636 Northeast 36th Street
Oklahoma City, Oklahoma 73105
E-Mail: KAPsiMWP@KAPsiMWP.com


Charles W. Morgan, III
Keeper of Records & Exchequer
(405) CD-KAPPA / FAX (405) 524-5601
E-Mail: KeeperOfRecords@KAPsiMWP.com

Date: December 8, 2001
To: Members of the Middle Western Province
From: Adolphus M. Pruitt, II - Province Polemarch
Subject: Oklahoma City Alumni Disciplinary Action

Brothers:

Brother Michael Rankins of the Oklahoma City Alumni Chapter has issued a correspondence challenging a disciplinary investigation that was resolved six months ago. His letter is dated November 11, 2001. I received his letter on November 23rd. In his letter he makes patently ridiculous assertions that the actions taken by my office were aimed directly at him. Nothing could be further from the truth.

However, because he has broken accepted protocol on this matter and sent copies of the letter across our province, this will be an opportunity to educate everyone in the province about how the disciplinary process works. It is not my practice to share disciplinary actions in this way. Chapters and individual members do not usually want their "dirty laundry" aired in such a public forum. But Brother Rankins has opened this door and I will gladly respond.

In his letter, he accuses me of conspiring against him personally regarding the chapter elections of the Oklahoma City Alumni Chapter in May of this year. What in fact happened was that several alumni chapters received the identical directives from my office, and Brother Rankins just happened to be one of the members affected by my ruling. Some of you can attest to the fact that your chapter election process in May was guided by my identical directives.

Our laws are clear. The only brothers eligible to run for chapter office and vote in the elections are those brothers who are Sustaining Members at all three administrative levels. Also, a member of one alumni chapter cannot vote or run for office in another alumni chapter. The records that we use for determining who is and who is not eligible chapter members are the "official" rosters from International Headquarters. We further use the province records to determine who has paid province dues, fees and fines. Finally, it is up to the local chapter to determine whether or not an individual member has fully paid all of his local obligations.

Brother Rankins had paid local dues to two chapters, Oklahoma City Alumni and Langston Alumni. International Headquarters had him listed with the Langston Alumni Chapter and the Middle Western Province also had him listed with the Langston Alumni Chapter. Also, the province showed him owing $100 for a check that had been returned for insufficient funds. On the day of the elections of the Oklahoma City Alumni Chapter, Brother Rankins was not listed on that chapter's roster from International Headquarters and was not a financial member of the province.

Our Province Keeper of Records and Exchequer, Brother Morgan, is a member of the Oklahoma City Alumni Chapter and he told the chapter that Brother Rankins was ineligible to participate in the elections. He delivered the message that he had been given from my office and from the records of our International Headquarters. Brother Morgan did what I told him to do. The chapter chose to ignore those directives and cast write-in ballots for Brother Rankins anyway. After the election, the chapter informed my office and International Headquarters that they had used their local records to determine who was eligible to vote and run for office. That is what triggered me to begin a disciplinary investigation and subsequent visit to the Oklahoma City Alumni Chapter.

My Investigation Report is included with this correspondence as a matter of rebuttal to the assertions from Brother Rankins, but more importantly as a means of educating brothers in our province about "how" the Disciplinary Process works. You will note that the procedure must follow a step by step process which includes a complaint, finding of facts, and conclusions of law.

In the case of the Oklahoma City Alumni Chapter, the complaint was triggered when the chapter notified me that they had not followed my directives that were based on our fraternity's laws. The finding of facts showed clearly that they had violated specific sections of the National Constitution and Statutes as well as their own Chapter Bylaws. The conclusions of law directed the chapter to follow the letter of the law of our Constitution and Statutes and their own Chapter Bylaws. If the chapter had not complied with the recommendations in the conclusions, it would have been subject to a full hearing and penalty phase.

Brothers, this was a cut and dried case. Why Brother Rankins wants to imagine that this was aimed at him is beyond my understanding. In his letter, he promises to seek court action to clear his name. The fraternity's Disciplinary Action shows that Brother Rankins cannot change the facts that were discovered, nor can any court change those facts. He was not eligible to run for office, nor was he eligible to vote in the Oklahoma City Alumni Chapter elections.

If there are questions about the fraternity's disciplinary process, please contact me. I am the officer responsible for assuring that chapters in our province comply with the laws of the fraternity.

Yours in the Bond,

Adolphus M. Pruitt, II
Province Polemarch




To: Sherman L. Cravens, Polemarch
     Oklahoma City Alumni Chapter
     Kappa Alpha Psi Fraternity, Inc.
From: Office of Province Polemarch
Date: June 3, 2001
Subject: Oklahoma City Alumni Chapter Elections

On Monday, May 21, 2001 I received an email from your Keeper of Records informing me of your Chapter's decision to violate our National Constitution & Statutes, and the Bylaws of the Oklahoma City Alumni Chapter while conducting Chapter elections.

Ironically, on the first Saturday in May 2001, I was present at the Chapter meeting of the St. Louis Alumni Chapter in which the same issues were raised. The outcome was different, for the St. Louis Alumni Chapter decided to adhere to the Constitution & Statutes and it's Chapter Bylaws, resulting in a successful election process. In response to my witnessing this potential problem for elections that were to be held throughout our province, I instructed our Keeper of Records to inform those Chapters yet to hold elections that they must adhere to our Constitution & Statutes, and non-conflicting sections of the local chapter's bylaws. Nonetheless, here we are at this juncture with your Chapter.

In reviewing your Chapter's Bylaws, I find that they were adequate to address this issue if they were properly followed; (1) Article III Section 2. Clearly instructs your Chapter to conform to our National Constitution & Statutes, (2) Section 3. provides for the Chapter's members to be in receipt of the Bylaws that govern your Chapter's behavior, and (3) Section 4. establishes the order or precedence when conflicts exist with respect to our Constitution & Statutes and your local Bylaws.

Further, Article V. Section 1. affords each and every member the ability to check his status prior to each and every monthly chapter meeting. Section 7. of this Article reinforces precedence, and Section 8. removes any and doubt as to who may be elected and hold office.

Finally, Article V. Section 9. Governs the resolution.

I further find that the Keeper of Records of the Langston Alumni Chapter acted properly in his submittal of his Chapter's roster to International Headquarters, and International Headquarters acted properly in recording the information submitted.

Attached is my investigative report, and Finding of Facts. This document also contains my Conclusions of Law; I would hope that this matter would not have to move to a full hearing and penalty phase.


KAPPA ALPHA PSI FRATERNITY, INC.
MIDDLE WESTERN PROVINCE

IN THE MATTER OF:
Oklahoma City Alumni Chapter of Kappa Alpha Psi (MW)
c/o Sherman L. Cravens, Polemarch
And its members,

Robert T. Adams
Demetrius C. Anderson
Martin L. Andrews
Kenneth W. Arinwine
Michael E. Baldwin
Leonard D. Benton
Bernard H. Bowick
Michael T. Braswell
Robert L. Smith
LaMonte Bray
Stephen Brown, Jr.
Willie H. Burnett, Sr.
Sherman L. Cravens
Jan A. Crump
Edward R. Thornton
Dunn Cumby
Warren Gardner
Warren G. Gardner
James C. Gatewood, Sr.
Alonzo A. Shipp
Leroy F. Tilford
Michael E. Gipson
Marshall L. Goodridge
Massalena M. Gordon
Clarence Harkins
James E. Harper
Gerald Tillman
Richard E. James
Jeffery K. Jenkins, I
Charles A. Tollett, Sr.
William M. Jernigan
Eugene D. Jones, Jr.
James R. Keel
Beauford Kelly, Jr.
Robert E. Kennedy
Leroy W. Kirk, Jr.
Leroy W. Kirk, III
Walter L. Lawrence
Wilbur P. Walker, Sr.
Matthew A. Mason, Sr.
Charles B. McCauley
Charles W. Morgan, III
James L. Mosley
Shawn M. Oglesby
Thurman R. Patterson
Paul Ted
Elbert Pringle, II
Lewis E. Pringle
Michael A. Rankins
Wilburne J. Sanford
David Shelton, III
Lynn D. Walls
Bobby G. Washington
Clarence R. Watkins
Garrett L. Williams

Investigative Report
June 3, 2001
  1. This Matter came to be heard upon a written communication dated May 21, 2001 received electronically from the Keeper of Records of the Oklahoma City Alumni Chapter, Brother Shawn M. Oglesby.
  2. On May 20, 2001 the Oklahoma City Alumni Chapter held chapter elections, some questions were raised with respect as to which members of the Chapter were eligible to participate whether as a candidate and/or vote.
  3. On May 20, 2001 the Oklahoma City Alumni Chapter, in the majority, held chapter elections and utilized the local records of the Chapter to determine eligibility for participation in the election of the Chapter Officers.
  4. On May 20, 2001 the Oklahoma City Alumni Chapter in the majority approved a motion to be sent to the Office of the Executive Director at International Headquarters and the Office of the Province Polemarch informing both Offices of the Chapter's decision.
  5. The Complaint contained allegations of violating Statute 21. Section 4. & Statute 25. Section 5. of the Constitution & Statutes; and in addition, violating the Bylaws of the Oklahoma City Alumni Chapter with respect to Article III. Sections 2. & 4., Article V. Section 1., 7. & 8, and Article VI Section. 5.; and raised the following issues:
    1. Did the Oklahoma City Alumni Chapter conduct an illegal election by allowing non-sustaining members to participate in the election process and or run for a Chapter Office?
    2. If an illegal election was held, were any non-sustaining members allowed to vote in the election of Chapter Officers?
    3. If an illegal election was held, were any non-sustaining members allowed to be elected to a Chapter Office?
  6. Evidence presented included the following:
    1. Bylaws of the Oklahoma City Alumni Chapter as Amended dated April 17, 1994.
    2. Memo dated 5/18/01 from the Office of Province Polemarch to Polemarch Cravens reminding the Chapter to hold elections in accordance with our National Constitution & Statutes.
    3. An Oklahoma City Alumni Chapter membership roster from International Headquarters dated 5/15/01.
    4. An Oklahoma City Alumni Chapter roster utilized for its May 2001 elections.
    5. An Oklahoma City Alumni Chapter Nominating Committee Report 2001.
    6. Unofficial minutes from the May 20, 2001 Oklahoma City Alumni Chapter meeting.
    7. Memo from the Oklahoma City Alumni Chapter dated 5/21/01 containing the motion passed by the Chapter at the May 20, 2001 chapter meeting.
    8. Email dated 5/31/01 from the OKC Keeper of Records / subject: OKC Alumni Entertainers.
    9. An Oklahoma City Alumni Chapter roster from International Headquarters dated 2/22/01.
    10. A Langston Alumni Chapter roster from International Headquarters dated 5/15/01.
Finding Of Facts

Based on the evidence presented, I have adopted the following finding of facts:
  1. The Oklahoma City Alumni Chapter did violate Statute 21. Section 4. of the Constitution & Statutes, and Articles III, V, & VI of the Chapter's Bylaws while conducting its May 2001 elections.
  2. Non-Sustaining Members of Kappa Alpha Psi did vote in the Oklahoma City Alumni Chapter May 2001 elections.
  3. Non-Sustaining Members of Kappa Alpha Psi were elected to Chapter Office in the Oklahoma City Alumni Chapter.

Conclusions Of Law

Applying fraternity law to the facts, the Office Of Province Polemarch concludes that there exist violations of the Constitution and Statutes and the Bylaws of the Oklahoma City Alumni Chapter.

Recommended Penalties Applicable to the Chapter:

  1. The Non-Sustaining Members elected to Office on May 20, 2001 are invalid, those invalid offices are as follows: Polemarch, Asst. Keeper of Records, Reporter, and Membership Intake Chairman.
  2. The Oklahoma City Alumni Chapter will fill the invalid Offices as required per the Chapter's Bylaws as amended dated April 17, 1994.
  3. The Sustaining Members of the Oklahoma City Alumni Chapter will be the only members eligible to hold an elective Office.


Oklahoma City Alumni Chapter Bylaws
Article III - Organization and Government

Section 2. The officers of this Chapter shall conform to those stated in the Grand Chapter Constitution. Additionally, this Chapter shall have as regular officers: an Assistant Keeper of Records, a Director of Membership Intake, a Director of Guide Right, a Director of Reclamation, an Ex-Officio Member of the Board of Directors and a Parliamentarian.

Section 3. The Chapter shall provide a current copy of the Bylaws and Standing Operating Procedures of this Chapter to each Sustaining Member of the Chapter.

Section 4. The laws of this Chapter and the order of their precedence shall be: The Constitution of Kappa Alpha Psi, The Statutes of Kappa Alpha Psi, The Ritual of Kappa Alpha Psi, such other regulations as may be established by the Grand Board of Directors, and the Bylaws of The Oklahoma City Alumni Chapter. The Bylaws will be supplemented by Standing Operating Procedures which further reflect the current operating conditions.



Oklahoma City Alumni Chapter Bylaws
Article V - Duties of Chapter Officers

Section 1. The duties of this Chapter's officers shall conform to those stated in the National Constitution.
  1. Additional duties of the Keeper of Records:
    1. It shall be the duty of the Keeper of Records to post a list of Sustaining Members prior to each regular meeting.
    2. It shall be the duty of the Keeper of Records to compile, maintain and post a list of the Sustaining Members who are scheduled to entertain the Chapter at regular meetings, in accordance with the applicable Article(s) within the Bylaws of this Chapter.
Section 7. There shall be a Parliamentarian of this Chapter, appointed by the Polemarch, whose duties shall be to assist in the interpretation of The Constitution of Kappa Alpha Psi, The Statutes of Kappa Alpha Psi, such other regulations as may be established by the Grand Board of Directors, The Bylaws of the Oklahoma City Alumni Chapter and Robert's Rules of Order; and to act in accordance with the Bylaws of this Chapter.

Section 8. All officers of this Chapter shall be elected (or appointed, as appropriate) and installed in accordance with the National Constitution and Statutes of Kappa Alpha Psi. Only Sustaining Members of the Oklahoma City Alumni Chapter shall be eligible for election or appointment to any Chapter office or position and must maintain such status to remain in their office or position.

Section 9. If, for any reason, an officer of this Chapter becomes unable to fulfill the duties of his office, the Polemarch shall appoint a Sustaining Member of the Chapter to serve the balance of that officer's term. In the event that the Polemarch becomes unable to fulfill his duties, the Vice Polemarch shall then become Polemarch of the Chapter.



Oklahoma City Alumni Chapter Bylaws
Article VI - Meeting Date

Section 5. All meetings shall be conducted by Robert's Rules of Order unless there is a conflict with the Fraternity Constitution, Statutes, Ritual, regulations established by the Grand Board of Directors or Chapter Bylaws.



National Constitution & Statutes
Statute 21. Election Of Chapter Officers

Section 4. No member of a Chapter or Alumni Association shall be eligible for office who is under suspension or other disciplinary action by the Fraternity or college, or who with reference to Undergraduate Chapters is scholastically deficient with a grade point average below the equivalent of a 2.3/4.0 or who is financially delinquent with the Fraternity at any administrative level.



National Constitution & Statutes
Statute 25. Continuous Membership

Section 5. Both inactive and non sustaining members shall be denied all of the rights and privileges of active and sustaining members except attendance at Undergraduate or Alumni chapter and Alumni Association meetings. While in attendance at such meetings, they shall not vote or hold elective or appointive office or committee membership.

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