Justice Bylaw: Final Round on Starfleet Command

Okay people, as was mentioned in the Elections this was some unfinished business that needs to be completed.

I've spent some time today backreading and it looks like this was just about finished when the “discussion” between Jen and Barry kinda slowed everything down to a stop back in October.

If you want to read all of the talk that has been placed in the Bylaw you can review from here. http://www.star-fleet.com/webb/node/909/notes?filter0=Justice&filter1=20...

Now, I'll be posting part one and part two as was written when the discussions stopped.


Governing Rules About Violations, Investigations, and Tier Sorting (GRAVITieS)
The purpose of this document is to list and define the way that justice is dealt with in Star Fleet. This bylaw will not supersede or overwrite any processes that have already been established in other bylaws.
All punishments will fall under one of the tiers listed below.
TIER 1 – Permanent Ban
This includes a permanent ban from one or all Star Fleet related resources and must be made via Presidential edict.
TIER 2 – Temporary Ban
This is any type of ban that is not a Tier 1 punishment, and must be made via Presidential edict. The resource and time frame must be specified in the edict.
TIER 3 – Rank Demotion, multiple ranks
This is any demotion comprising of more than one member rank loss, and must be made via Presidential edict. All characters above the punished member's new rank must immediately be demoted to the member's highest member rank.
TIER 4 – Rank Demotion, single rank
This is any demotion comprising of a single member rank loss, and must be made via Presidential edict. All characters above the punished member's new rank must immediately be demoted to the member's highest member rank.
TIER 5 – Removal from position
This is any removal from the position of Commanding Officer, Department Director, Executive Assistant, or Fleet Commander by the president, for the purposes of punishment. This may be done by edict or by an official post in command, depending on the severity of the punishment.
TIER 6 – Official Presidential Reprimand
This is an official reprimand from the Office of the President, and may be made publicly in command or privately via email. No edict is issued.
TIER 7 – Discretionary Presidential Reprimand
Any offense deemed worthy of Presidential action (i.e. greater than Tier 8) but insufficient to warrant a Tier 6 or greater punishment. This is an unofficial reprimand from the Office of the President, may only be made privately via email, and is not entered into any club record.
TIER 8 – Non Presidential Punishment
This is any punishment given out below the Presidential level by ship Commanding Officers, Fleet Commanders, Department Directors, or Executive Assistants during the normal discharge of their duties. The Office of the President cannot issue Tier 8 punishments.
Should any one offense be considered especially heinous, resulting in a Tier 5 or above punishment, the offender may receive punishments in multiple Tiers.
If the complaint is member generated, the complaint is sent to the proper authority in the chain of command with all supporting evidence. The alleged offender will be told that there has been a complaint lodged against him, what the complaint is, who the complainant is, and what evidence has been presented to support that complaint. The alleged offender will be given the opportunity to explain his point of view and present any evidence on his behalf, as well as validate any evidence requiring validation as explained below. The deciding authority will make a decision, inform both parties, and provide punishment as necessary.
No complaints may be made anonymously. A complainant can be either an individual, a ship, fleet, department, or the club itself. All complaints must be brought forth within one month of discovery of the alleged offense or violation. All subjects involved in a complaint must cooperate with the investigating authority to the best of their abilities, including but not limited to sending all requested evidence and being truthful at all times.
Appeals to Tier 1 and 2 punishments are subject to the rules laid out by the Executive Government Oversight in the related bylaw.
Tier 3 or 4 demotions from the rank of Fleet Captain or above may be appealed to the Executive Government Oversight. The process for doing so is the same as an appeal for a Tier 1 or 2 punishment. The President's decision is final and is not subject to appeal for all other punishments in Tiers 3-7, except as listed below. Abuse of Presidential Power complaints can be reason to initiate the Impeachment process as described in other bylaws.
Tier 8 complaints can be appealed through the proper chain of command. Should a Tier 8 complaint be brought to the Office of the President, the result shall involve a Tier 7 or higher punishment, a finding of acquittal and subsequent dismissal of the original punishment, or an upholding of the original punishment.
The following are considered valid evidence when investigating a complaint:
IM and PM logs with time and date stamps
IRC Logs from the Internet Department sanctioned IRC Logger
Chat room logs
Emails with full headers detailing club related business
Posts on Star Fleet
Any Star Fleet system generated logs
Should a correspondence, either requested or submitted for evidence, contain both club matters and personal matters, the sending party will delete all personal matters not club related prior to submitting the remaining portion as evidence. The other party will be asked to send the same correspondence with any personal matters deleted for verification.
Should one party not have a copy of the requested correspondence to provide to the investigating authority, the redacted copy that has been submitted as evidence will be sent to them for verification.
Should one party dispute the contents of a correspondence copy or log, the investigating authority shall have the final say about what evidence will be accepted for review.
For all Categories, the punishment shall be seen as applicable to offences including, but not limited to, those listed.
Category 1 (a) - Permanent Ban
* Illegal attempts to access, or any attempts to undermine or damage club infrastructure
* Maximum for any violation of Terms of Service
* Maximum for third spam-related offence
Category 1 (b) - Temporary Ban
* Continued or subsequent, intentional duplicate account use in spite of prior warning(s)
* Minimum for subsequent violation of Terms of Service
* Maximum for second spam-related offence
Category 2 (a) - Multiple Demotion
* Conduct Unbecoming an officer of that rank
Category 2 (b) - Single Demotion
* Conduct Unbecoming an officer of that rank
Category 3 (a) - Official Reprimand
* Maximum for first-time spam-related offences; Minimum for subsequent offences
* Maximum for first-time, intentional duplicate account use; Minimum for subsequent offences
* Minimum for first-time "Conduct Unbecoming"
* Minimum for first violation of TOS
Category 3 (b) - Discretionary Reprimand
* Minimum for first-time spam-related offences
* Minimum for first-time, intentional duplicate account use
* Any first-time offence where ignorance, rather then intent, can be reasonably assumed as cause
Category 4 - Removal from Position
* Failure to carry out duties associated with the position on multiple occasions
* Exceeding the remit of the position's duties on multiple occasions
Category 5 - Non-Presidential
* Must refer to a section of relevant bylaw (e.g. CADET, OGRE, FCOMM)


Now, I know that there is still some work to be placed into this before we can finish it. I wanted to bring it all together as one so that the past part 1 vs part 2 situations would not occur again.

Just keep this little blurb in mind. (Thanks Jack)

1. The Justice Bill is not about setting out what is legal/illegal. That is done by every other bylaw in the club.
2. The aim is to provide sentencing guidelines, which we currently don't have.
3. It is a far fairer way of doing it than we do currently (President just decides on the sentence).

Take an example.

1. Person A commits a TOS violation, or violates another rule.
2. President investigates and finds Person A guilty.
3. President goes to the Justice Bylaw to find out appropriate sentence.
4. President does not find the offence in the list (i.e. offence exists, but was never given a standardised punishment).
5. President adds an appropriate punishment to the offence to the list by way of a bill, which can be vetoed by EGO on the grounds that "it isn't appropriate".
6. President then applies appropriate punishment.

Again, this is not about defining right and wrong - that is already clearly defined. It is about determining an appropriate sentence.

Dave Wonderly

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