If Will Smith is to be penalized by SAG-AFTRA for beating Chris Rock at the Oscars, the union charter spells out in great detail how that disciplinary process will work. SAG-AFTRA is reporting cast members at the Academy Awards that Rock was a presenter at Sunday Night and therefore believes it is a workplace incident subject to disciplinary review.
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Smith resigned from his membership of the Academy of Motion Picture Arts and Sciences earlier today after its Board of Governors instituted disciplinary proceedings against him. “I responded directly to the Academy’s disciplinary hearing and will fully accept any consequences for my conduct,” he said. “My actions at the 94th Academy Awards ceremony were shocking, painful and inexcusable,” he added, adding that he will “accept any further consequences that the board (the governors) deem appropriate.”
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On Monday, SAG-AFTRA said in a statement: “As the union representing presenters and other cast members working on the Oscars, SAG-AFTRA is focused on ensuring our members always work in a safe environment. Violence or physical abuse in the workplace is never appropriate and the union condemns such behavior. The incident between Will Smith and Chris Rock at yesterday’s Oscars was unacceptable. We have contacted the Academy of Motion Picture Arts and Sciences and ABC regarding this incident and will work to ensure that this behavior is appropriately addressed.”
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The union’s statement ended by stating that “SAG-AFTRA has no comment on pending disciplinary proceedings against members” – suggesting the incident is also under disciplinary review there.
Expulsion is the most severe penalty SAG-AFTRA can impose, but other options include suspension, fines, reprimands and reprimands. The union has permanent delegation to both its Probable Cause Committee – to determine if there is a “probable cause” that the union’s constitution has been breached – and to its Disciplinary Committee, but only a decision by the Disciplinary Committee to expel a member the federal executive board would automatically go there, whose next regular meeting is on April 30.
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Article XIV of the SAG-AFTRA Constitution, dealing with “Discipline of Members,” states:
A. A member may be reprimanded, censured, fined, suspended or banned from membership of the Union for any of the following offences:
1. Violation of any provision of this Constitution or any policy, rule or regulation adopted by the Union or any local authority thereof.
2. To engage in any activity contrary to the interests or integrity of the union, any of its affiliated local communities, or its members, including providing services falling within the union’s jurisdiction to an employer determined by the National Board to be unfair was explained.
B. Disciplinary Procedures
1. Any Member in good standing, Affiliate Local, the National Executive Director or his designee may submit written charges to the Secretary/Treasurer or his designee against any Member alleging facts describing any of the offenses set forth in this Article.
2. Charges must be brought within six (6) months of knowledge of the act or event giving rise to the charge. The charge must set out with reasonable detail the nature of the crime and the facts on which it is based.
3. The National Board or its designee shall review and dismiss charges if they are not made in a timely manner, if the act complained of does not constitute a violation subject to the disciplinary code under this Constitution, or if there is insufficient evidence to provide a probable cause for the proceeding .
4. Unless the indictment is dismissed in accordance with subparagraph B(3) of this Article, the Secretary/Treasurer or his designee or the National Executive Director or his designee shall notify the accused member or members in writing and provide a copy of the indictment and set a hearing date at least fourteen (14) days in advance.
5. Before a hearing before the Disciplinary Committee, the National Council may appoint one or more representatives to meet with a member charged with one of the offenses set out in this Article. The National Board representative(s) may offer a resolution on fees which, if accepted by the member, would be final and binding. If the Member does not accept the offer, a Disciplinary Committee will be convened to hear and determine the charges described in this article.
6. The National Council, or a Disciplinary Committee appointed in accordance with policies and procedures approved by the National Council, hears and decides on the charges. At the hearing, an accused party has an opportunity to present evidence and testimony and may be assisted by a representative. The accused member shall be informed in writing of the decision and the penalty, if any. The National Board or a Disciplinary Appeal Committee designated by it shall have the power to review the decision of the Disciplinary Committee and the sanction, if any, on its own initiative or upon the Member’s written request to the Secretary/Treasurer or his designee, or the National Executive Director or his designee within twenty-one (21) calendar days after the notification of the Disciplinary Committee’s decision was sent. Any appeal may allow the charge to be maintained, dismissed, the decision varied, or the charge referred to the Disciplinary Committee for further processing.
7. A member may be expelled from membership only by a two-thirds (2/3) vote of the National Executive Committee members voting on the issue.
8. The National Board of Directors may make regulations for the investigation of charges and the conduct of hearings or appeals under this article.
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The last time SAG-AFTRA took public steps to discipline a member was in early January 2021, when the union’s national board of directors held a special session to review disciplinary action against former President Donald Trump, a longtime member and former star by The Apprentice, to consider.
As Deadline first reported, the board found “probable reasons” that Trump had “violated the union’s constitution” and ordered the matter to be heard before SAG-AFTRA’s Disciplinary Committee. The indictments cited Trump’s role in instigating the Jan. 6 attack on the US Capitol and his “entertainment of a ruthless campaign of misinformation designed to discredit, and ultimately to, journalists, many of whom are SAG-AFTRA members.” threaten”. Faced with possible expulsion, Trump resigned angrily, making a disciplinary hearing unnecessary.
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