A G R E E M E N T WHEREAS, RICHARD G. KIENINGER, this 15th day of April, 1975, has expressed his innocence of the Charges 1 through 5, attached hereto, made by the Board of Trustees of The Stelle Group as grounds for his expulsion from Membership effective April 13, 1975 , in accordance with Article II, Sections 2 and 5, of the By-Laws, and, WHEREAS, RICHARD G, KIENINGER has requested a hearing of his case before a panel of his peers , drawn by lot, as provided in Article II, Section 5 , of the By-Laws , this document serving as said written notice of this request, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. That if the finding of the panel upholds the expulsion, RICHARD G. KIENINGER will cease all contact written or verbal with The Stelle Group, its Members and associates, for a period of two years provided that he may communicate in writing to the Board of Trustees from time to time if he so desires. What action, if any, taken by the Board of Trustees on such written communication shall be in their sole discretion. 2. There shall be no presumption of guilt regarding the charges against RICHARD G. KIENINGER and the burden of proof shall be upon the Trustees to show that there was sufficient reason to support the expulsion. 3. The burden of proof shall be met if it is found by the panel that the Trustees have proved any one of the five charges attached hereto. Said burden shall be met if the preponderance of the evidence supports the Trustees’ conclusions regarding any charge. A preponderance of evidence exists when the facts show that the contention on the ultimate issue of each charge is more probably true than not true. 4. The sole and exclusive role of the panel shall be to make individual findings by majority vote on each count as either “sustained by the evidence” or “not sustained by the evidence.” 5. That the following parties shall be present at the hearing before the panel: A. One party who shall record on tape the entire proceeding, commencing with the selection of the panel. The party shall be chosen by the Trustees. B. One stenographer. C. Merrilie J. Maull, as legal advisor. D. All members of the Board of Trustees. E. Richard G. Kieninger. 6. The panel shall be presided over by Garry Ennor, as chairman-without-vote, as provided in Article II, Section 5 , of the By-Laws. 7. A transcript of the entire proceedings, commencing with the selection of the panel shall be typed from the tape recordings and shall be available to the general membership of The Stelle Group. The transcript shall be a verbatim duplicate of the tape recordings, except that the names of all parties involved with Richard G, Kieninger in matters of a sexual nature shall be deleted for purposes of common courtesy. The tape recordings, however, will be preserved without any deletions for the purposes of verification of the truth of the transcript. 8. As soon as is practicable after the completion of the typing of the transcript, a meeting shall be held at which all Members and associates may attend, for the purpose of reading the transcript in toto. 9. Any Stelle Group Member or associate may be called as a witness by either or both the Trustees or Richard G. Kieninger to speak in support of their position. Such appearance at the hearing shall be totally voluntary on the part of the witness. 10. The panel shall be chosen by lot from the names of all Members of The Stelle Group, as provided in Article II, Section 5, of the By-Laws. The drawing shall commence at 9:30 a.m., Saturday, April 19, at the Stelle Industries, Inc. factory, before an assembly of the entire Stelle Group. 11. The hearing shall commence in the projection room of the Stelle School at 10:00 a. m, or immediately following the completion of the drawing, whichever occurs first. All parties who may be called as witnesses shall remain in the Stelle School until their time to speak has passed. 12. The procedure for the hearing shall be as follows: A. The reading of the charges. B. Presentation of the evidence supporting the charges by the Board of Trustees. Such evidence shall speak to the issues of the case and shall not extend to collateral issues not relevant to the decisions to be made by the panel. There shall be no time limit on the presentation, and no interruption, questions or cross examination of witnesses by Richard G. Kieninger. Any member of the panel, however, may ask a question of clarification at any time. C. Presentation by Richard G. Kieninger of his case to consist of rebutting or disproving the evidence previously presented by the Trustees or introducing new evidence which tends to disprove the charges against him. Such evidence shall speak to the issues of the case and shall not extend to collateral issues not relevant to the decisions to be made by the panel. There shall be no time limit on this presentation and no interruption, questions or cross examination by the Trustees. Any member of the panel, however, may ask a question of clarification at any time. D. Counter-rebuttal by the trustees. This presentation shall be limited to 60 minutes and shall be limited to rebuttal of statements made by the defense. No new issue may be raised. E. Counter-rebuttal and closing argument by Richard G. Kieninger, limited to 1 hour, 10 minutes. This presentation shall be limited to the issues of the case previously raised. No new issues may be introduced. F. Closing argument by the Trustees. The limit shall be 15 minutes and shall be limited to issues previously raised. No new issues may be introduced. G. Instruction of the panel by the legal advisor as to their duty and answering of questions relative to legal procedure. H. The panel shall retire to begin their deliberations and shall have to consider all written documents or literature used as evidence by either side. There shall be no limitation on the time for deliberation. I. Immediately upon presentation of the written findings , the findings shall be posted on the bulletin board of The Stelle Group office. I, RICHARD G, KIENINGER, have read the foregoing document, understand the contents thereof, accept the procedures set forth for the hearing as fair and equitable , and agree to abide by the finding of the panel as provided herein. RICHARD G. KIENINGER We, the members of the Board of Trustees , have read the foregoing document, understand the contents thereof, accept the procedures set forth for this hearing as fair and equitable and agree to abide by the findings of the panel. Should the expulsion not be sustained, the expulsion shall be void.
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