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diff --git a/content/pages/arbitration/procedure.en.md b/content/pages/arbitration/procedure.en.md index 5ad3388..880f579 100644 --- a/content/pages/arbitration/procedure.en.md +++ b/content/pages/arbitration/procedure.en.md | |||
@@ -14,150 +14,150 @@ We are aware that there is no perfect solution to the various cases we deal with | |||
14 | 14 | ||
15 | ## Composition | 15 | ## Composition |
16 | 16 | ||
17 | The members of the arbitration board are appointed by the board of the CCC. | 17 | The members of the arbitration board are appointed by the board of the CCC. |
18 | These are people who are trusted by the community and have experience in mediating difficult conflicts. | 18 | These are people who are trusted by the community and have experience in mediating difficult conflicts. |
19 | 19 | ||
20 | Three members of the arbitration board take on a particular conflict and decide on the necessity of measures. | 20 | Three members of the arbitration board take on a particular conflict and decide on the necessity of measures. |
21 | 21 | ||
22 | Experts from the awareness team and CERT can be heard in an advisory capacity, | 22 | Experts from the awareness team and CERT can be heard in an advisory capacity, |
23 | if they had no prior involvement with the case | 23 | if they had no prior involvement with the case |
24 | (experts with prior dealings are [witnesses](#responsibilities-of-the-parties-involved)). | 24 | (experts with prior dealings are [witnesses](#responsibilities-of-the-parties-involved)). |
25 | 25 | ||
26 | ## Independence | 26 | ## Independence |
27 | 27 | ||
28 | If an arbiter is not able to make an independent and impartial decision | 28 | If an arbiter is not able to make an independent and impartial decision |
29 | then they will recuse themself from the case. Another member will take their place. | 29 | then they will recuse themself from the case. Another member will take their place. |
30 | 30 | ||
31 | Every party involved can request an arbiter's disqualification on the grouds of bias. | 31 | Every party involved can request an arbiter's disqualification on the grouds of bias. |
32 | The arbitration board will decide on the motion immediately. | 32 | The arbitration board will decide on the motion immediately. |
33 | 33 | ||
34 | ## Rights of the Parties Involved | 34 | ## Rights of the Parties Involved |
35 | 35 | ||
36 | Nobody is required to participate in a proceeding. | 36 | Nobody is required to participate in a proceeding. |
37 | The arbitration board will however bring every case presented to it to a close with the information provided to it. | 37 | The arbitration board will however bring every case presented to it to a close with the information provided to it. |
38 | 38 | ||
39 | All parties are allowed to be accompanied by a confidant. | 39 | All parties are allowed to be accompanied by a confidant. |
40 | Those will be informed by the arbitration board in parallel but they are not their legal representative. | 40 | Those will be informed by the arbitration board in parallel but they are not their legal representative. |
41 | 41 | ||
42 | If a matter of sexual violence is being heard then the arbitration board will | 42 | If a matter of sexual violence is being heard then the arbitration board will |
43 | communicate with the initiating party via an arbiter of the same gender on request if at all possible. | 43 | communicate with the initiating party via an arbiter of the same gender on request if at all possible. |
44 | 44 | ||
45 | All reproaches and the information discovered during the course of the investigation | 45 | All reproaches and the information discovered during the course of the investigation |
46 | will be made available to the initiating party, the accused party and their designated confidants. | 46 | will be made available to the initiating party, the accused party and their designated confidants. |
47 | Both parties will be heard regarding all reproaches and the discovered information. | 47 | Both parties will be heard regarding all reproaches and the discovered information. |
48 | Contact data can be excluded from the information forwarded to the opposing party. | 48 | Contact data can be excluded from the information forwarded to the opposing party. |
49 | After due consideration, facts of the case can be communicated in a summarized fashion only as well. | 49 | After due consideration, facts of the case can be communicated in a summarized fashion only as well. |
50 | 50 | ||
51 | ## Course of Proceedings | 51 | ## Course of Proceedings |
52 | 52 | ||
53 | The case will be heard by one member of the arbitration board. | 53 | The case will be heard by one member of the arbitration board. |
54 | They will get in contact with various other people, determine the exact schedule and dates. | 54 | They will get in contact with various other people, determine the exact schedule and dates. |
55 | The following course is the general template: | 55 | The following course is the general template: |
56 | 56 | ||
57 | 1. The initiating party approaches the arbitration board. | 57 | 1. The initiating party approaches the arbitration board. |
58 | 1. The arbitration board questions the initiating party about the exact charge | 58 | 1. The arbitration board questions the initiating party about the exact charge |
59 | including existing evidence and their preferred resolution. | 59 | including existing evidence and their preferred resolution. |
60 | At the same time the board member will inform the intiating party about | 60 | At the same time the board member will inform the intiating party about |
61 | the specific composition of the board and the next steps. | 61 | the specific composition of the board and the next steps. |
62 | 1. The arbitration board then contacts the accused party, | 62 | 1. The arbitration board then contacts the accused party, |
63 | informs them of the charges against them as well as the presented evidence. | 63 | informs them of the charges against them as well as the presented evidence. |
64 | In addition, they will inform them about the specific board composition and the next steps. | 64 | In addition, they will inform them about the specific board composition and the next steps. |
65 | 1. The accused party is given the opportunity to make a statement and present exonerating evidence. | 65 | 1. The accused party is given the opportunity to make a statement and present exonerating evidence. |
66 | 1. The initiating party is then allowed to respond once more. | 66 | 1. The initiating party is then allowed to respond once more. |
67 | 1. The arbitration board then conducts the appropriate research and contacts potential witnesses. | 67 | 1. The arbitration board then conducts the appropriate research and contacts potential witnesses. |
68 | The results will be provided to both the initiating and the accused party. | 68 | The results will be provided to both the initiating and the accused party. |
69 | 1. The arbitration board discusses the case and takes a decision. | 69 | 1. The arbitration board discusses the case and takes a decision. |
70 | 1. The verdict is presented to both parties together with the grounds for the judgement. | 70 | 1. The verdict is presented to both parties together with the grounds for the judgement. |
71 | The executive committee of the CCC and the people in charge of organizing the event receive an abridged version. | 71 | The executive committee of the CCC and the people in charge of organizing the event receive an abridged version. |
72 | 72 | ||
73 | During events the case will be heard orally and in direct contact. | 73 | During events the case will be heard orally and in direct contact. |
74 | The board shall decide within 24 hours. | 74 | The board shall decide within 24 hours. |
75 | Outside of events the case will preferably be held via E-Mail. | 75 | Outside of events the case will preferably be held via E-Mail. |
76 | In those cases, the board shall decide within two months. | 76 | In those cases, the board shall decide within two months. |
77 | 77 | ||
78 | In urgent cases the arbitration board is allowed to pass a temporary judgment | 78 | In urgent cases the arbitration board is allowed to pass a temporary judgment |
79 | with immediate effect at any time - the case will still be heard and completed in an orderly fashion regardless. | 79 | with immediate effect at any time - the case will still be heard and completed in an orderly fashion regardless. |
80 | 80 | ||
81 | ## Responsibilities of the Parties Involved | 81 | ## Responsibilities of the Parties Involved |
82 | 82 | ||
83 | The arbitration board will not take action on its own. | 83 | The arbitration board will not take action on its own. |
84 | It needs to be invoked by a person (hereafter: initiating party). | 84 | It needs to be invoked by a person (hereafter: initiating party). |
85 | The person has to file tangible charges with the arbitration board about another concrete person | 85 | The person has to file tangible charges with the arbitration board about another concrete person |
86 | (hereafter: accused party) to the effect that said person has | 86 | (hereafter: accused party) to the effect that said person has |
87 | or will grossly violate at least one of the two principles | 87 | or will grossly violate at least one of the two principles |
88 | "be excellent to each other" and "all creatures are welcome". | 88 | "be excellent to each other" and "all creatures are welcome". |
89 | 89 | ||
90 | The burden of proof is on the initiating party. | 90 | The burden of proof is on the initiating party. |
91 | They may present additional evidence and name witnesses. | 91 | They may present additional evidence and name witnesses. |
92 | 92 | ||
93 | The accused party can offer their view on the charges and present witnesses and other evidence. | 93 | The accused party can offer their view on the charges and present witnesses and other evidence. |
94 | 94 | ||
95 | The arbitration board is at liberty to make its own inquiries. | 95 | The arbitration board is at liberty to make its own inquiries. |
96 | Members of the CERT or Awareness Team that had prior involvement with the case are only | 96 | Members of the CERT or Awareness Team that had prior involvement with the case are only |
97 | allowed to speak to the case with the permission of the parties involved. | 97 | allowed to speak to the case with the permission of the parties involved. |
98 | 98 | ||
99 | ## Verdict | 99 | ## Verdict |
100 | 100 | ||
101 | The arbiters, assigned to the case, decide by simple majority. | 101 | The arbiters, assigned to the case, decide by simple majority. |
102 | 102 | ||
103 | There will be claims that won't lend themselves to being resolved. | 103 | There will be claims that won't lend themselves to being resolved. |
104 | The arbitration board decides whether they consider a transgression against the rules overwhelmingly likely. | 104 | The arbitration board decides whether they consider a transgression against the rules overwhelmingly likely. |
105 | 105 | ||
106 | ## Sanctions | 106 | ## Sanctions |
107 | 107 | ||
108 | The arbitration board can impose the following sanctions. | 108 | The arbitration board can impose the following sanctions. |
109 | 109 | ||
110 | * a formal warning. | 110 | * a formal warning. |
111 | * restrictions like a restraining order. | 111 | * restrictions like a restraining order. |
112 | * a temporary or permanent ban from the upcoming or currently running event. | 112 | * a temporary or permanent ban from the upcoming or currently running event. |
113 | * a permanent ban from multiple events in the future. | 113 | * a permanent ban from multiple events in the future. |
114 | 114 | ||
115 | A transgression against restrictions will be sanctioned separately and can lead to preclusion. | 115 | A transgression against restrictions will be sanctioned separately and can lead to preclusion. |
116 | The arbitration board speaks on behalf of the organizers when imposing sanctions. | 116 | The arbitration board speaks on behalf of the organizers when imposing sanctions. |
117 | 117 | ||
118 | ## Appeals | 118 | ## Appeals |
119 | 119 | ||
120 | It is possible to file an appeal against the ruling with the | 120 | It is possible to file an appeal against the ruling with the |
121 | [executive committee](https://www.ccc.de/vorstand) | 121 | [executive committee](https://www.ccc.de/vorstand) |
122 | within a week. | 122 | within a week. |
123 | The executive committee will examine whether the decision was blatantly wrong and | 123 | The executive committee will examine whether the decision was blatantly wrong and |
124 | will decide on it during the next regular committee meeting. | 124 | will decide on it during the next regular committee meeting. |
125 | The ruling of the arbitration board continues to stand until a decision by the committee is reached. | 125 | The ruling of the arbitration board continues to stand until a decision by the committee is reached. |
126 | 126 | ||
127 | The appeal has to be directed against the arbitration board in writing, | 127 | The appeal has to be directed against the arbitration board in writing, |
128 | which will then pass it on to the executive committee. | 128 | which will then pass it on to the executive committee. |
129 | 129 | ||
130 | The executive committee decides without further inquiries. | 130 | The executive committee decides without further inquiries. |
131 | Its ruling requires no further justification. | 131 | Its ruling requires no further justification. |
132 | 132 | ||
133 | ## Confidentiality | 133 | ## Confidentiality |
134 | 134 | ||
135 | The arbitration board will concern itself with conflicts of grave importance, sometimes even intimate ones. | 135 | The arbitration board will concern itself with conflicts of grave importance, sometimes even intimate ones. |
136 | It is therefore sworn to confidentiality. | 136 | It is therefore sworn to confidentiality. |
137 | 137 | ||
138 | During the hearing of a case the board can contact an expert witness or a witness and transfer | 138 | During the hearing of a case the board can contact an expert witness or a witness and transfer |
139 | the information pertinent to the current case. | 139 | the information pertinent to the current case. |
140 | 140 | ||
141 | The executive board of the CCC, the people responsible for an event and if necessary the executing staff | 141 | The executive board of the CCC, the people responsible for an event and if necessary the executing staff |
142 | will be informed about rulings that have been issued, together with a summarized reasoning. | 142 | will be informed about rulings that have been issued, together with a summarized reasoning. |
143 | Hearing their testimony pertinent to a running proceeding is also possible. | 143 | Hearing their testimony pertinent to a running proceeding is also possible. |
144 | 144 | ||
145 | In case of a [appeal](#Appeals) about a ruling of the arbitration board, | 145 | In case of a [appeal](#Appeals) about a ruling of the arbitration board, |
146 | all information will be passed on to the executive committe of the CCC. | 146 | all information will be passed on to the executive committe of the CCC. |
147 | The committee will also treat the data as confidential. | 147 | The committee will also treat the data as confidential. |
148 | 148 | ||
149 | Only anonymous data and statistics will be communicated towards third parties. | 149 | Only anonymous data and statistics will be communicated towards third parties. |
150 | In exceptional cases that affect the status of the event information may be made public as well | 150 | In exceptional cases that affect the status of the event information may be made public as well |
151 | but only after consulting with the executive committee of the CCC and | 151 | but only after consulting with the executive committee of the CCC and |
152 | while taking into account the interests of all parties involved. | 152 | while taking into account the interests of all parties involved. |
153 | However, the course of the proceedings and the reasoning behind the decision will still not be publicized. | 153 | However, the course of the proceedings and the reasoning behind the decision will still not be publicized. |
154 | 154 | ||
155 | The arbitration board cannot necessarily appeal to confidentiality when facing government agencies. | 155 | The arbitration board cannot necessarily appeal to confidentiality when facing government agencies. |
156 | For example, should a criminal case be opened regarding the charge in question | 156 | For example, should a criminal case be opened regarding the charge in question |
157 | then the arbitration board can be subpoenaed to hand over their documents. | 157 | then the arbitration board can be subpoenaed to hand over their documents. |
158 | The arbitration board and its members will not file charges of their own accord though. | 158 | The arbitration board and its members will not file charges of their own accord though. |
159 | 159 | ||
160 | ## Expenditure | 160 | ## Expenditure |
161 | 161 | ||
162 | The proceedings by the arbitration board are free of charge. | 162 | The proceedings by the arbitration board are free of charge. |
163 | On the other hand, no compensations will be paid. | 163 | On the other hand, no compensations will be paid. |