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This procedure applies only to internal SCA grievances. Any violation of modern law shall be reported to the appropriate modern authorities.

13.1 Complaint Procedure

      1. All members shall follow the Channels for Complaint and Appeal per Corpora, as detailed in Section X(B)(2) Procedures subsections (a) through (c). All complaints are to be promptly forwarded to the Crowns and Kingdom Seneschal.
      2. If the procedures detailed in Corpora X(B)(2) Procedures subsections (a) through (c) do not reach an adequate resolution to the grievance, the following procedures may be invoked by any of the aggrieved parties. The Channels need not be invoked for disputes of a monetary nature, incompetence in office, or violations of the Rules of the Lists.
      3. Complaints are registered when presented by mail or email to the Crown, Baronage, or an officer of the seneschallate. Complaints should follow these guidelines:
        • Complaints must include SCA and legal name and the date(s) of the incident(s)
        • Complaints must be registered by an individual directly involved in or witness to the incident(s)
        • Complaints should include, at minimum, a complete description of the incident(s) and a list of any witnesses and their role in the incident(s)
        • Complaints should provide detail to compliance with the Channels for Complaint and Appeal per Corpora, as detailed in the Procedure section of Appendix A.

        All complaints are to be promptly forwarded to the Crowns and Kingdom Seneschal.

      4. Upon review of a complaint, the Crown may:
        1. 13.1.4.1 Reject the complaint as inappropriate, have it removed from the Crown’s and Seneschal’s files, and inform the complainant of same giving the reasoning behind the decision.
        2. 13.1.4.2 Keep the complaint on file with the Kingdom Seneschal, without action, pending other complaints of a similar nature, and inform the complainant of same.
        3. 13.1.4.3 Inform in writing the person(s) accused of the complaint, provide them a copy of the complaint and the next actions to be taken. At the discretion of the Crowns, a Board of Inquiry may be appointed.
        4. 13.1.4.4 Begin the proceedings for a further Court as appropriate, and inform the complainant of same.
        5. 13.1.4.5 Refer the complaint to the Kingdom Seneschal and inform the complainant of same.
      5. The complainant may withdraw his or her complaint at any point at the Crown’s discretion.
      6. Complaints resulting from a single incident must be registered within 60 days of the incident. Complaints resulting from a series of incidents must be filed within 60 days from the last cited incident. All cited incidents must have taken place within a reasonable period of time.

13.2 Board of Inquiry

A Board of Inquiry is appointed at the Crown's discretion to recommend further action on such issues as the Crown may refer to the Board. Its aim is to discover the basis of the dispute, prepare a list of pertinent witnesses and evidence, and make recommendations to the Crown for further actions. The Board of Inquiry may be as informal as desired by the Crown. Boards of Inquiry may not find against individuals, rather their inquiries shall be of a problem-identification nature. All deliberations of a Board of Inquiry shall be held confidential except that, in the event that a further Court is recommended, the findings and records of the Board of Inquiry shall be forwarded to the further Court. The Board of Inquiry shall:

      1. Consist of members chosen by the Crown at the Crown's discretion, excluding the Crown. One member shall be named the Senior Member.
      2. Within 30 days of being named by the Crown, act in the following manner:
        1. Review the complaint referred to it by the Crown.
        2. Investigate the matter including but not limited to contacting those involved as listed in the complaint.
        3. Determine if the nature of the complaint made warrants the convening of further Courts.
        4. Within 15 days following the close of the inquiry, the Senior Member must prepare and submit to the Crown a written recommendation to convene a further Court or to dismiss the complaint. This recommendation shall be signed by all members of the Board of Inquiry. The recommendation need not be unanimous, but in the case of multiple opinions, each member must acknowledge and sign his/her own recommendation.
        5. The Crown may choose to accept all, some, or none of the recommendations of the Board of Inquiry. If the decision of the Crown differs from the recommendation, the Crown shall attach an explanation of their decision to the recommendation.
      3. The Crown must send copies of all documentation and a final report to the Kingdom Seneschal to be placed in the Kingdom record.

13.3 Court of Chivalry

      1. A Court of Chivalry may be called against anyone for matters concerning: Kingdom law, heraldic law, the rules of the lists, chivalric matters, perjury, or any other matters referred to it by the Crown. In no case is the Crown compelled to call a Court of Chivalry based on the recommendation of a Board of Inquiry.
      2. No matters disputed under modern law may be referred to or be considered by a Court of Chivalry.
      3. The Court of Chivalry shall be empowered, if the matters before it are sufficiently grave, to request the intervention of the Board of Directors of the Society for Creative Anachronism, Inc., concerning these matters.
      4. Upon the decision to convene a Court of Chivalry the Crown must appoint an Agent of the Crown within 10 days, and provide a complete copy of any files to the Agent. The Agent shall take the following actions upon appointment:
        1. Send by registered mail, return receipt requested, a copy of the complaint, any prior recommendations, and other pertinent material to the accused.
          • Request from the accused a decision on whether the accused will waive defense, defend him/herself, or be represented by a representative of his/her choice. A representative named to handle defense must have agreed to do so.
          • Refusal of the accused to respond will be interpreted as willingness to accept the findings of the Court without personal clarification.
        2. Members of the Court

          Prepare a list of 5 people who agree to serve as members of the Court of Chivalry and 1 additional person as alternate, and present this list to the Crown and the accused. If possible, the list shall include at least one member of each of the Peerage orders and at least one Peer from the vicinity of the accused's home branch. The accused shall be given an opportunity to review the list and may reject any 1 member of the Court for stated cause.

        3. Location

          Select a date and location (after consultation with the Crown) for the Court of Chivalry, which shall be within 30 days of selection of the Agent. Courts of Chivalry may not be convened until all parties to the dispute, all members of the Court, and the Board of Directors, have been notified of the upcoming Court of Chivalry and its cause.

          • The place shall be in the region of the residence of the accused.
          • The Agent shall send, by registered mail, return receipt requested, notification of the date and location for the Court to all parties to the dispute, members of the Court, and the Defense Counsel.
        4. The Agent shall make arrangements conducive to order and comfort for the conduct of the Court.
      5. Prosecutor

        The Crown shall select a prosecutor prior to the Court.

      6. The Court of Chivalry shall convene on the date at the location chosen. The Court shall follow these procedures:
        1. Prior to convening, the Crown shall select one from among them to serve as senior member of the Court. The senior member shall chair the proceedings and maintain order.
        2. The Agent shall identify the various participants in the Court, read the accusations, and then turn over the proceedings to the senior member of the Court.
        3. The Court will provide the accused the opportunity to admit, deny, or explain their actions.
        4. The Court shall conduct itself in such a manner as to assure that all concerned parties and all pertinent materials are heard and given due consideration. The Court shall take special care to hear those statements that the accused wishes to make in his/her own defense, but does not require the accused to speak.
        5. Following the presentation of evidence and testimony and any arguments which the prosecution or defense choose to present, the members of the Court shall retire to a private setting for consideration and the Court shall be recessed.
        6. Consideration of the members of the Court shall take place as follows:
          • The members of the Court shall determine the validity of any accusations. This shall be done by discussion, followed by a vote of the members in which a majority shall determine the outcome.
          • If the finding is that the accusations are valid, the members of the Court shall then determine what sanctions, if any, they shall recommend that the Crown impose.
          • Following consideration and decision, the senior member of the Court shall reconvene the proceedings of the Court and announce the findings and recommendations of the Court.
        7. The Court shall then be dismissed.
        8. Within 10 days of the Court of Chivalry, the Agent shall present to the Crown the records, findings, and recommendations of the Court. The Crown may extend this time as they deem appropriate. At that time, the Agent shall be dismissed.
        9. The Crown shall, within 10 days of the receipt of the Agent's report, inform, in writing, the accused of Their decision.
        10. The Crown shall send copies of all documentation and any final report to the Kingdom Seneschal to be placed in the permanent Kingdom record.
        11. A Court of Chivalry may be dissolved at any time by the Crown. The Crown may dismiss or act upon the accusations that brought about the Court of Chivalry at any time during the proceedings. When the Crown has declared a Kingdom investigation complete and the decision final, no Officer may reopen the investigation save at the direction of the Board of Directors of the Society or at the direction of their Society Officer. Courts are Society functions and are to be held at Society events within the Kingdom.

13.4 Courty of Courtesy

      1. As an assurance of Courteous Behavior,
        • A Court of Courtesy may be called by the Queen*, at Her own discretion, either upon Her own initiative, or in response to the petition of any subject(s). Courts of Courtesy are to assure courteous behavior among the subjects of Atlantia, and may not be called for disputes of monetary matters, incompetence, or violations of the Rules of the Lists.
      2. Formats for the Court
        1. As each individual case demands individual treatment, the format for these Courts is flexible. Two possible formats are a hearing before a council of the Queen's choosing or a hearing before the Queen alone.
      3. Her Majesty's Discretion
        • All other details of the Court of Courtesy are up to the discretion of the Queen, except that the Queen shall in all cases appoint a recorder of the Court to take down what transpires. Formal Courts of Justice are reserved for Courts of Chivalry.
      4. Effects of the Decision
        • The decision of the Queen is final and cannot be appealed, nor can the same case be brought before a succeeding Queen. The decision must be in accordance with Kingdom Law, Corpora, and civil law.
      5. Sanctions

        Actions following a Court of Courtesy may not be required, but should the Queen choose to use them, the following sanctions are available to her:

        • A private reprimand issued by the Queen
        • A public reprimand issued in Court and printed in the Kingdom newsletter
        • Requiring an apology or other act of atonement
        • Referral of the matter to a Board of Inquiry or different Court
        * {NOTE: For Queen, read Consort when applicable}

13.5 Other Courts

The Crown may establish and call such courts as may be necessary for the governance of the realm.

13.6 Sanctions

Sanction include, but are not limited to:

      1. Probation, which is a period of fixed duration, during which an individual is to be observed. At the end of probation, the individual's conduct is to be reviewed.
        1. When probation is imposed, the Crown shall immediately appoint a panel to observe the conduct of the individual. The makeup of this panel is left to the discretion of the Crown.
        2. At the end of the probation period, the panel shall meet to discuss their observation of the accused's conduct, and to make a recommendation, in writing, to the Crown to lift the probation, or to continue the probation for a further fixed period of time, or to impose such other sanctions as listed in the laws as may be appropriate. If the probation is extended, the panel shall reconvene at the end of the extended probation period and review the accused's conduct during the extended probationary period.
      2. Banishment. See Corpora for the types of banishment and the regulations regarding them.
      3. Degradation from the Peerage. This is a sanction that may be brought only as a recommendation to the Board of Directors.
      4. Temporary or permanent proscription from the lists.
      5. Temporary or permanent proscription from any specified activities within the Kingdom.
      6. A private reprimand to be delivered by the Queen.
      7. A public reprimand to be delivered by the Crown in the Kingdom newsletter.
      8. Removal from any or all Kingdom orders. Removal of Arms is at the discretion of the Board of Directors.
      9. Removal from any or all offices held in the Kingdom of Atlantia (in conjunction with the corresponding Society officer as appropriate).
      10. Requiring specific acts of recompense or atonement.

13.7 Appeal

Either side may appeal to the Crown the recommendation of a Court of Chivalry within 10 days of receipt of that written recommendation. The Crown will issue Their decision on any appeal not more than 30 days after the appeal is requested. Any appeals of the decision of the Crown must be made to the Board of Directors.

End FAQ

Date April 2016 File Size 811.05 KB Download 2
 
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