SAG-AFTRA Constitution Announces Steps to Take If Union Disciplines Are Smith For Oscar Slap

If Will Smith is to be punished by SAG-AFTRA for punching Chris Rock at the Oscars, the union statutes detail how that disciplinary process will take place. SAG-AFTRA covers the artists at the Academy Awards where Rocky made the headlines Sunday night, and therefore views it as a disciplinary workplace incident.

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Earlier in the day, Smith resigned from the Academy of Motion Picture Arts and Sciences after the board of directors launched disciplinary proceedings against him. “I have responded directly to the academy’s notice of disciplinary action and will accept all consequences of my behavior.” “My actions at the 94th Academy Awards presentation were shocking, heartbreaking and unfounded,” he said, adding that “[the board]will take further action as it sees fit.”

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In a statement Monday, SAG-AFTRA said: “As the association of presenters and other artists working on Oscars, SAG-AFTRA is focused on ensuring our members work in a safe environment at all times. Violence or physical harassment in the workplace is never appropriate and the union condemns such behavior. The incident with Will Smith and Chris Rock was unacceptable at last night’s Oscars. We will contact the Academy of Film and Motion Picture Arts and Sciences and ABC regarding this incident and will work to ensure this behavior is addressed appropriately.”

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In the union’s statement, stating that the incident was considered as disciplinary action there too, it concludes that “SAG-AFTRA does not comment on any ongoing disciplinary action against any member.”

Expulsion is the most severe punishment SAG-AFTRA can impose, but other options include suspension, fine, reprimand and reprimand. The union has a permanent delegation on both the successor committee and the disciplinary committee to determine if there is “probable reason” for violating the association’s statutes, but only the disciplinary committee’s decision to expel a member is automatically reversed. The National Council, whose next meeting will be on April 30.

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SAG-AFTRA Article XIV of the Constitution on “member discipline”. The article says:

A. A member may be reprimanded, reprimanded, fined, suspended or expelled from the Union for any of the following offenses:
1. Violation of any provision of this Constitution or any policies, rules or regulations adopted by the Union or its local population.
2. The participation of the Union, its affiliated indigenous peoples or their affiliates in acts contrary to the interests or integrity of the Union, including the provision of services under the jurisdiction of the Union to any employer that has been declared unfair by the National Council.

B. Disciplinary Procedure
1. Any member in good standing, any local executive director, affiliate or authorized person may file a written complaint with the Secretary of the Treasury or his designee against any member proving the facts disclosed in any of the offenses identified. in this article.
2. The complaint must be made within six (6) months of learning of the act or fact that prompted it. Charges should reflect the nature of the offense in reasonable detail and be factual.
3. The National Council or its designee shall examine the charges and dismiss them promptly, unless the protested act constitutes a disciplinary violation under this Constitution or there is sufficient evidence. Possible reason for the procedures.
4. Unless the charges are dropped pursuant to subparagraph B(3) of this article, the Secretary of the Treasury or his deputy or the Executive Director or his deputy shall notify the responsible member or members in writing, along with a copy. Schedule a date at least fourteen (14) days in advance for pricing and review.
5. Prior to hearing before the Disciplinary Committee, the National Council may appoint a representative(s) to meet with a member accused of any of the offenses set forth in this article. A representative of the National Council(s) may propose a decision on the claims, which, if accepted by the member, will be final and binding. If the member does not accept the offer, the disciplinary committee convenes to listen to the allegations in this article and make a decision.
6. The Disciplinary Committee, which is determined according to the policies and procedures approved by the National Council or the National Council, examines and decides. At the hearing, the accused has the opportunity to present evidence and testimony and may appoint a representative to assist him. The accused member is notified of the decision in writing and a fine, if any, is given. The National Council or the Disciplinary Appeal Committee appointed by it, on its own initiative, or upon the member’s written request to the Treasurer or his designee, or the Executive Director or the appointed disciplinary committee, within twenty-one (21) calendar days after notification. In the event of any objection, the charge can be upheld, dismissed, the decision reversed or the charge referred to the Disciplinary Board for further consideration.
7. A member may be expelled only with two-thirds (2/3) of the votes of the members of the National Council.
8. The National Council may adopt regulations governing the investigation of complaints and the conduct of any hearing or appeal under this article.

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The last time SAG-AFTRA took public action to discipline a member was January 2021, when the Union’s National Council called for an emergency meeting to discuss disciplinary action against former President Donald Trump, a longtime member and former star. It was at the beginning of. apprentice.

As Deadline first reported, the council found “probable cause” for Trump to “violate the Union Constitution” and ordered the matter be referred to the SAG-AFTRA Disciplinary Committee. The indictment alleges Trump’s role in fomenting the January 6 attack on the US Capitol and “a reckless disinformation campaign aimed at discrediting journalists and ultimately threatening journalists, many of whom are SAG-AFTRA members.” Faced with possible deportations, Trump resigned, making disciplinary hearings unnecessary.

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