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Title: Procedure
Longtitle: Arbitration Procedure
URL: arbitration/procedure.en.html
save_as: arbitration/procedure.en.html
Slug: arbitration/procedure.en
Lang: en
Template: page
sortorder: 01
Date: 2018-11-01
The following text describes the arbitration board's code of procedure. This code of procedure is necessary to ensure a fair and equal procedure for all cases and participants. It protects you from biases or arbitrariness and ensures that you can rely on an independent and experienced group of arbiters to be there for you. They all have particular expertise in dealing with sensitive conflicts.
We are aware that there is no perfect solution to the various cases we deal with. If you have any suggestions for improvement, [please share them with us]({filename}contact.en.md).
## Composition
The members of the arbitration board are appointed by the board of the CCC.
These are people who are trusted by the community and have experience in mediating difficult conflicts.
Three members of the arbitration board take on a particular conflict and decide on the necessity of measures.
Experts from the awareness team and CERT can be heard in an advisory capacity,
if they had no prior involvement with the case
(experts with prior dealings are [witnesses](#responsibilities-of-the-parties-involved)).
## Independence
If an arbiter is not able to make an independent and impartial decision
then they will recuse themself from the case. Another member will take their place.
Every party involved can request an arbiter's disqualification on the grouds of bias.
The arbitration board will decide on the motion immediately.
## Rights of the Parties Involved
Nobody is required to participate in a proceeding.
The arbitration board will however bring every case presented to it to a close with the information provided to it.
All parties are allowed to be accompanied by a confidant.
Those will be informed by the arbitration board in parallel but they are not their legal representative.
If a matter of sexual violence is being heard then the arbitration board will
communicate with the initiating party via an arbiter of the same gender on request if at all possible.
All reproaches and the information discovered during the course of the investigation
will be made available to the initiating party, the accused party and their designated confidants.
Both parties will be heard regarding all reproaches and the discovered information.
Contact data can be excluded from the information forwarded to the opposing party.
After due consideration, facts of the case can be communicated in a summarized fashion only as well.
## Course of Proceedings
The case will be heard by one member of the arbitration board.
They will get in contact with various other people, determine the exact schedule and dates.
The following course is the general template:
1. The initiating party approaches the arbitration board.
1. The arbitration board questions the initiating party about the exact charge
including existing evidence and their preferred resolution.
At the same time the board member will inform the intiating party about
the specific composition of the board and the next steps.
1. The arbitration board then contacts the accused party,
informs them of the charges against them as well as the presented evidence.
In addition, they will inform them about the specific board composition and the next steps.
1. The accused party is given the opportunity to make a statement and present exonerating evidence.
1. The initiating party is then allowed to respond once more.
1. The arbitration board then conducts the appropriate research and contacts potential witnesses.
The results will be provided to both the initiating and the accused party.
1. The arbitration board discusses the case and takes a decision.
1. The verdict is presented to both parties together with the grounds for the judgement.
The executive committee of the CCC and the people in charge of organizing the event receive an abridged version.
During events the case will be heard orally and in direct contact.
The board shall decide within 24 hours.
Outside of events the case will preferably be held via E-Mail.
In those cases, the board shall decide within two months.
In urgent cases the arbitration board is allowed to pass a temporary judgment
with immediate effect at any time - the case will still be heard and completed in an orderly fashion regardless.
## Responsibilities of the Parties Involved
The arbitration board will not take action on its own.
It needs to be invoked by a person (hereafter: initiating party).
The person has to file tangible charges with the arbitration board about another concrete person
(hereafter: accused party) to the effect that said person has
or will grossly violate at least one of the two principles
"be excellent to each other" and "all creatures are welcome".
The burden of proof is on the initiating party.
They may present additional evidence and name witnesses.
The accused party can offer their view on the charges and present witnesses and other evidence.
The arbitration board is at liberty to make its own inquiries.
Members of the CERT or Awareness Team that had prior involvement with the case are only
allowed to speak to the case with the permission of the parties involved.
## Verdict
The arbiters, assigned to the case, decide by simple majority.
There will be claims that won't lend themselves to being resolved.
The arbitration board decides whether they consider a transgression against the rules overwhelmingly likely.
## Sanctions
The arbitration board can impose the following sanctions.
* a formal warning.
* restrictions like a restraining order.
* a temporary or permanent ban from the upcoming or currently running event.
* a permanent ban from multiple events in the future.
A transgression against restrictions will be sanctioned separately and can lead to preclusion.
The arbitration board speaks on behalf of the organizers when imposing sanctions.
## Appeals
It is possible to file an appeal against the ruling with the
[executive committee](https://www.ccc.de/vorstand)
within a week.
The executive committee will examine whether the decision was blatantly wrong and
will decide on it during the next regular committee meeting.
The ruling of the arbitration board continues to stand until a decision by the committee is reached.
The appeal has to be directed against the arbitration board in writing,
which will then pass it on to the executive committee.
The executive committee decides without further inquiries.
Its ruling requires no further justification.
## Confidentiality
The arbitration board will concern itself with conflicts of grave importance, sometimes even intimate ones.
It is therefore sworn to confidentiality.
During the hearing of a case the board can contact an expert witness or a witness and transfer
the information pertinent to the current case.
The executive board of the CCC, the people responsible for an event and if necessary the executing staff
will be informed about rulings that have been issued, together with a summarized reasoning.
Hearing their testimony pertinent to a running proceeding is also possible.
In case of a [appeal](#Appeals) about a ruling of the arbitration board,
all information will be passed on to the executive committe of the CCC.
The committee will also treat the data as confidential.
Only anonymous data and statistics will be communicated towards third parties.
In exceptional cases that affect the status of the event information may be made public as well
but only after consulting with the executive committee of the CCC and
while taking into account the interests of all parties involved.
However, the course of the proceedings and the reasoning behind the decision will still not be publicized.
The arbitration board cannot necessarily appeal to confidentiality when facing government agencies.
For example, should a criminal case be opened regarding the charge in question
then the arbitration board can be subpoenaed to hand over their documents.
The arbitration board and its members will not file charges of their own accord though.
## Expenditure
The proceedings by the arbitration board are free of charge.
On the other hand, no compensations will be paid.
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