Constitution page 8
breed, the Board must hold a formal hearing within thirty (30)days after the Board votes to hold a hearing, at a time and
place as convenient as possible to the complainant(s), the respondent(s) and a majority of the Board. If there is no
agreement on a location after two (2) votes of the Board, the hearing shall be held in Kalamazoo, Michigan. The initial
vote to determine whether or not to hold a hearing, and the participation in the hearing by some of the members of the
Board may be by conference telephone call, the expense of which shall be borne by the UBSDA. Both sides may be
represented by counsel at their sole expense. Both sides may call witnesses and present evidence. The Board shall
render a written decision within fourteen (14) days following the conclusion of the hearing. The decision shall be
reached by a majority vote of the Board. If a majority of the Board votes that no violation has occurred and/or no
misconduct has been committed, a notice that “there is no cause for action” shall be sent to both parties and thereafter
the records of such proceeding shall be destroyed. Until such time as a decision of the Board has been rendered
following a formal hearing, all proceedings of the Board regarding this matter shall be confidential so as not to expose
the Board to charges of slander and/or libel in disseminating accusations which may later prove to be false. The only
information which is considered public information and capable of being distributed for the information of the club in
general is the final decision of the Board following a formal hearing.
Section 8.3.0 Charges against Board Members: Any member may bring charges against any Board Member for
violations of the UKC Rules and Regulations, misconduct prejudicial to the best interests of the UBSDA or the Breed, or
failing to perform the duties required of that Board Member’s office. The charges must be in writing, and must allege
with specificity the violations and/or misconduct which are alleged to have been committed by the member being
accused and/or the duties which were not performed. It is not sufficient to merely allege a violation has taken place,
duties were not performed, or that a person committed misconduct. The charges must specifically identify how the
person allegedly violated the rule and/or what duties he or she did not perform and/or what the misconduct was and
how the misconduct was prejudicial to the club or breed. Any documentary evidence supporting the allegations must be
attached to the charges. If there is none, the charges must be accompanied by at least one (1) written affidavit of a
witness other than the complainant who witnessed or heard, or otherwise has demonstrable personal knowledge of, the
alleged violation or misconduct or nonperformance that is subscribed and sworn to under penalty of perjury in the
presence of a notary public.
Section 8.3.1 Manner of Filing: The original charges (along with the supporting documents and/or affidavit(s)) must
be filed with the Recording Secretary and the President, and (accompanied by ten (10) additional copies of same
together with a certified check in the amount of one hundred-fifty ($150.00), which is refunded if the charges are
sustained following a hearing, or if the Board Member ‘cures’ the charges.) The original, ten (10) copies, and certified
check shall be sent to the Recording Secretary by certified mail, return receipt requested. One (1) copy shall be sent
certified mail to the President.
Section 8.3.2 Club Procedure After Filing: The Recording Secretary shall distribute one (1) copy of the charges to
each Board Member within ten (10) days after receiving the same. A copy of the charges shall also be sent to the UKC
and the Board Member(s) being charged by certified mail, return receipt requested.
Section 8.3.3 Opportunity to Cure: Prior to a Board Member being charged with non-performance of his or her
duties, the complaining party must first sent written notice to the Recording Secretary and the Board Member
complained of specifying which of his or her duties the Board Member is allegedly neglecting. No payment shall
accompany this notice. The Board Member shall have ten (10) days following receipt of the written notice in which to
cure his or her non-performance; or to provide proof to the rest of the Board and the complaining party of their good
faith undertaking to cure any defect in the performance of his or her duties, including the reasons why the same cannot
be completed within ten (10) days but containing assurances that they will be completed with all deliberate speed, which
shall end the matter. If the Board Member does not remedy any defect in his or her performance within the ten (10) day
time period, or does not give adequate assurances to t he Board that any defect in his or her performance will be cured
with all deliberate speed beyond the ten (10) day time period, then charges for non-performance shall proceed as any
other charges would.
Section 8.3.4 Appointment of Hearing Panel: Once a Board Member has been charged, all the members of the
Board shall each appoint one UBSDA member in good standing to hear the charges against the Board Member (the
“Hearing Panel”). The Hearing Panel shall be appointed within twenty-one (21) days after the receipt of the charges by
the Recording Secretary. Unless called as a witness by either side, the sitting Board Members shall have no further
involvement in the resolution of the matter, except that the Board Member charged shall participate as the respondent,
and the person(s) bringing the charges shall participate as the Complainant(s).
Section 8.3.5 Time for Response: The Board Member(s) being charged shall have twenty-one (21) days following
receipt the appointment of the Hearing Panel to file a written response to same with the Hearing Panel by sending an
original and ten (10) copies of his or her response, via certified mail, to the Hearing Panel. The response may include
documentary evidence, as well as affidavits of witnesses to the events complained of.
Section 8.3.6 Duties and Procedures of the Hearing Panel: The Hearing Panel shall review the charges and any

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