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From the Board of DirectorsA few years ago, the Grand Council gave the Board of Directors a proposal for adding additional sanctions to the rather limited toolbox the SCA currently has for dealing with problem behaviors and problem people. The proposal was put out for comment; however, due largely to its length and complexity, the commentary was decidedly mixed, and the Board did not act on the proposal.
Nonetheless, there were some good ideas within the proposal, and the Board has returned to it several times over the past couple of years, seeking a way to take these good ideas and incorporate them into our rules. After considerable rewriting and discussion, the Board has developed a proposal for a change to the “sanctions” sections of the Governing Documents. Unfortunately it has proved impossible to streamline the proposed changes beyond a certain degree; there are too many scattered references in Corpora and the other governing documents to various sanctions that may be imposed by various people. In fact, part of the purpose of this proposal is to bring the language currently contained in Corpora into one place as much as possible, for ease of reference. The Board is seeking commentary from the membership on this new sanctions revision, which is based heavily on the work of the Grand Council as well as input from various Board members and past Royalty. Special thanks go to former Director Fernando Vigil, who did the bulk of the work on assembling this proposal in its final form.
This proposed revision is designed with several goals in mind:
While the proposal is quite lengthy, much of the language is not new; it would simply be moved to a single new “Sanctions” section in Corpora. Rather than try to explain all the changes in one lengthy introduction, the Board felt it would be easier to follow if the explanations were interspersed with the changes, appearing after each proposed change. The changes are listed in the order in which they occur within the current Governing Documents. However, those wishing to focus on the substantive changes should pay particular attention to the proposed new Section X, Sanctions, as that is where most of the actual changes would occur. PROPOSED CHANGES IN DETAIL Glossary Add:
Explanation: Courts of Chivalry and/or Inquiry are currently mentioned in Corpora IV.I.7. (Which is moving to Corpora X.C.2.) and in Corporate Policies II.D., but are not currently defined anywhere in the Governing Documents. Corpora I.F. General / Sanctions Currently reads: Strike entire section. (This change requires no renumbering.) Explanation: This is general language on sanctions which is moving to the new Corpora X (Sanctions).
B. Corpora II.E.1. Events / Duty to Enforce Requirements Currently reads: Change to read: Explanation: This adds a reference to the new sanctions section of Corpora.
Corpora IV. G. Royalty / Sanctions and Banishments Currently reads: Royalty may banish subjects of the realm and visitors thereto, for just and stated cause. Banishment runs from the moment of proclamation, but a notice must be published in the next available issue of the kingdom newsletter if the banishment is to remain in effect. The cause of the banishment must be explained to the banished person, but must not be published in the kingdom newsletter. Only royalty are empowered to impose banishment. The Kingdom Seneschal, Society Seneschal, and Board ombudsman must be informed as soon as possible about the cause and occasion of the banishment. There are three levels of banishment, of increasing stringency, each of which includes the sanctions and reporting provisions of the preceding ones:
a. Except for banishments from the royal presence, banishments imposed by principality royalty require prior written approval by the Crown, and may be lifted by the Crown. b. If the royalty of a principality impose a banishment, they shall notify the Crown and the Principality Seneschal as well as the persons affected. c. Notification: Upon receipt of a request for Board action affecting membership, the Board shall notify the person(s) in question of when the matter will be considered and invite all relevant documentation and appeals. The Board will discuss and decide such a petition in accordance with its rules. Regardless of how the process is initiated, a revocation or denial of membership by the Board enforces exclusion from all SCA events in all SCA kingdoms. Such a revocation or denial of membership may be appealed, but such appeal must be accompanied by new evidence which warrants re-examination by the Board. At the conclusion of the imposed term of revocation or denial, or if an appeal as provided above is accepted by the Board, exclusion from SCA events shall be lifted, and the individual allowed to (re)apply for membership in the SCA, unless membership is again denied. Strike entire section. (This change requires renumbering Corpora IV.H. and IV.I.) Explanation: The language from this section forms the basis for the new Corpora X.A. (Sanctions / Royal Sanctions) and will appear there. Corpora IV.H. Royalty / The Crown / Renumber to Corpora IV.G. Corpora IV. H.10. Royalty / The Crown / Reservations to the Board Currently reads: The Board explicitly reserves to itself the discipline of members for actions taken while serving as Sovereign or Consort of a kingdom. However, the Board will not consider appeals against the Crown before the aggrieved parties have attempted to resolve their problem directly with the Crown, and then with the appropriate kingdom and corporate officers, including the Society Seneschal. Strike entire section. (This change requires no renumbering) Explanation: The language of this section is being moved to Corpora X.C.1. and will appear there. Corpora IV.H.10 Royalty / The Crown Add new section: 10. The Crown may sanction subjects of their realm and visitors thereto in accordance with Corpora X.A. (Royal Sanctions). (This change requires no renumbering.) Explanation: As the language of Corpora IV.G. (Royalty / Sanctions and Banishments) has been moved from the Royalty section of Corpora to the new section on Royalty Sanctions (Corpora X.A.), this language adds mention of the Crown’s right to sanction to the section containing the other powers of the Crown, and points to the appropriate new section. Corpora IV.I. Royalty / The Coronet / Renumber to Corpora IV.H. Corpora IV.I.7 Royalty / The Coronet / Reservations to the Crown Currently reads:
Strike entire section. (This change requires no renumbering.) Explanation: The language of this section is being moved to Corpora X.C.2. Corpora IV.I.8. Royalty / The Coronet / Reservations to the Board Currently reads: The Board reserves to itself the final determination regarding discipline of members for actions taken while serving as Sovereign or Consort of a principality. However, the Coronet remains subject to the Crown, and provisions regarding Courts of Chivalry and banishment still apply. Strike entire section. (This change requires no renumbering.) Explanation: The language of this section is being moved to Corpora X.C.2. Corpora IV.I.7. Royalty / The Coronet Add new section:
7. The Coronet may sanction subjects of their realm and visitors thereto in accordance with Corpora X.A. (Royal Sanctions). Explanation: As the language of Corpora IV.G. (Royalty / Sanctions and Banishments) has been moved from the Royalty section of Corpora to the new section on Royalty Sanctions (Corpora X.A.), this language adds mention of the Coronet’s right to sanction to the section containing the other powers of the Coronet, and points to the appropriate new section. Corpora VI.A.3. Society Officers / General / Appointment and Removal Renumber to Corpora VI.A.4. Corpora VI.A.3. Society Officers / General / Administrative Sanctions Add new section: 3. Society Officers may impose Administrative Sanctions within their area of concern, in accordance with Corpora X.B. (Administrative Sanctions). (This change requires the renumbering of the current section VI.A.3. to VI.A.4.) Explanation: This language simply adds mention of the Society Officer’s right to issue administrative sanctions to the section on Society Officers. This right was formerly covered in Corpora I.F., and will now be covered in Corpora Section X.B., as noted above. VII.A.1. Kingdom, Principality, and Local Officers / General / Administrative Sanctions Add new section:
(This change requires no renumbering.) Explanation: This language simply adds mention of the Kingdom, Principality, and Local Officer’s right to issue administrative sanctions to the section on Kingdom, Principality, and Local Officers. This right was formerly covered in Corpora I.F., and will now be covered in Corpora Section X.B., as noted above. Corpora VIII.E.1. Personal Awards and Titles / Reservations to the Board / Degradation from the Peerage Currently reads: The Board reserves the right to degrade a person from the Peerage. However, kingdom law may define conditions and procedures under which a recommendation for such action may be made to the Board. Unless stipulated otherwise by the Board, the Board’s decision in such a case applies only to the matter at hand. Nothing prohibits a person who has been degraded from any order of the peerage from being elevated to the peerage at a later date, should the Crown determine that the person in question now meets the requirements of the order to which he is being elevated. Strike entire section. (This change requires no renumbering.) Explanation: The language of this section is being moved to Corpora X.C.3. Corpora VIII.E.1. Personal Awards and Titles / Reservations to the Board / Revocation of Awards and Grants of Arms Currently reads: As with Peerages, the Board specifically reserves the right to revoke any Award or Grant of Arms. Kingdom law may make provisions for offering such a recommendation to the Board. Strike entire section. (This change requires no renumbering.) Explanation: The language of this section is being moved to Corpora X.C.4. Corpora X. Sanctions Add new section: Sanctions should be proportionate and appropriate. Sanctions should not be a substitute for appropriate administrative or legal action. Offenses against contemporary civil or criminal law should be dealt with through the appropriate legal system. This, however, does not preclude the SCA from taking additional appropriate actions.
Royalty may sanction subjects of the realm and visitors thereto, for just and stated cause. Royal Sanctions are in effect from the moment of proclamation, but a notice must be published in the next available issue of the kingdom newsletter if the sanction is to remain in effect. The specific cause and occasion of the sanction must be explained in writing to the sanctioned individual, but must not be published in the kingdom newsletter or otherwise made public.
A Lesser Sanction may be applied for any reason the Royalty deems just and appropriate, as long as the maintenance of the realm is not impaired, and the general requirements for Royal Sanctions are met. These Sanctions continue for the stated duration of the Sanction or until the end of the reign, whichever comes first. Lesser Sanctions are:
a. Notification The sanctioned individual, Kingdom Seneschal, Society Seneschal, and appropriate Board Ombudsman must be informed, in writing, as soon as possible of the specific cause and occasion of the sanction. If the Royalty of a Principality impose a Lesser Sanction they shall also notify the Crown and the Principality Seneschal. b. Review Royalty are granted broad discretion in the imposition of Lesser Sanctions. The Board will not automatically review Lesser Sanctions; however, members may appeal a Lesser Sanction to the Board as provided in Corpora I.C.3.
2. Greater Royal Sanctions A Greater Sanction may be imposed only in response to serious transgressions against Society rules, serious violations of standards of behavior at a Society event, or other actions that negatively affect or endanger the Society. These Sanctions continue for the stated duration of the Sanction or until the end of the reign, whichever comes first. Greater Sanctions imposed by the Royalty of a Principality require prior written approval by the Crown, and may be lifted by the Crown. Greater Sanctions are:
An Absolute Banishment automatically carries with it a request to the Board for Revocation and Denial of Membership for the sanctioned individual. a. Notification: The sanctioned individual, Kingdom Seneschal, Society Seneschal, and appropriate Board Ombudsman must be informed in writing as soon as possible as to the specific cause and occasion of the sanction. All reasonable attempts to contact the sanctioned individual must be made before imposing the sanction. Written communication must be sent via postal service to the individual's last known address, with proof of delivery required. If a valid address is unavailable, then an attempt to deliver the notification to the sanctioned individual in person, either at an event or otherwise, must be made. Failing that, if a current, valid email address is available, the notification shall be sent electronically, with some sort of delivery confirmation if possible. Every attempt to deliver notification to the sanctioned individual shall be thoroughly documented. After all available methods of contact have been exhausted, the sanction shall be announced as required. If the Royalty of a Principality impose a Greater Sanction, they shall also notify the Crown and the Principality Seneschal.
b. Review: The Board will automatically review any Greater Sanction. If the Board determines that a sanction is without merit or has been unfairly imposed, the Sanction will be lifted and the Royalty that imposed it may be subject to sanctions. Explanation: The three types of banishment formerly outlined in Corpora IV.G. are now covered here. In addition, some new options are given to the Royalty: Prohibition from the Wearing or Display of the Arms of the Realm, which is considered a Lesser Sanction akin to Banishment from the Royal Presence, and, under Greater Sanctions, Withdrawal of the Privileges of Rank and Exile from the Realm. The latter addresses the occasional need for someone to take a “time-out” from SCA functions, including local meetings, etc., but not necessarily to receive an Absolute Banishment with the automatic request for a Revocation and Denial of Membership that it carries. Continuing with the new Corpora Section X.: X.B. Administrative Sanctions Add new section: Officers may impose Administrative Sanction within their area of concern, for just and stated cause, only in accordance with the rules defined in their appropriate office handbook or specifically granted to their office in the Governing Documents of the SCA. Administrative Sanctions might include, but are not limited to, suspension or removal from office, revocation of authorization, or the removal of a disruptive element from an event by the individual responsible for the event as defined in the appropriate section of Corpora. Administrative Sanctions should not be a substitute for appropriate Royal action. This, however, does not preclude an officer from imposing additional appropriate sanctions.
a. A Society Officer issuing an Administrative Sanction must inform the sanctioned individual, appropriate Kingdom Officer and Crown of the realm of the sanctioned individual, and the appropriate Board Ombudsman, as to the specific cause and occasion of the sanction. This notification must be made in writing as soon as possible. b. A Kingdom or Principality Officer issuing an Administrative Sanction must inform the sanctioned individual, the officer’s superior at the Society or Kingdom level, and the Crown or Coronet as applicable, as to the specific cause and occasion of the sanction. This notification must be made in writing as soon as possible. c. A Local Officer issuing an Administrative Sanction must inform the sanctioned individual as to the specific cause and occasion of the sanction. This notification must be made as soon as possible, and if the sanction lasts longer than a single event, it must be in writing. The local officer’s immediate superior must also be informed of any Administrative Sanctions, and in the case of Baronial or Canton Officers, the Baronage must be informed as well. Notification of superior officers and the Baronage must be made in writing as soon as possible.
Administrative Sanctions at the local, principality, or Kingdom level will be reviewed by the superior officer upon receipt of notification. If a sanction is determined to be without merit or has been unfairly imposed, the sanction will be lifted and the officer that imposed it may be subject to sanctions. A decision may be appealed to the next person up the chain of command, following the appropriate procedures of that office. The Board will not automatically review Administrative Sanctions; however, members may appeal an Administrative Sanction to the Board as provided in Corpora I.C.3. If upon appeal the Board determines that a sanction is without merit or has been unfairly imposed, the sanction will be lifted and the officer that imposed it may be subject to sanctions. Explanation: The basis for this new section comes from the current Corpora I.F., General / Sanctions. It does not add any new powers that officers didn’t already have, but it clarifies their rights to impose Administrative Sanctions and makes clear that the officers are limited by their office handbooks. It also spells out the requirements for notification of the sanctioned individual and the officer’s superiors.
Continuing with the new Section X: C. Violation of Terms of Sanction Insert new section: Violation of the terms of a sanction imposed in accordance with the requirements of the governing documents may in itself be considered grounds for further sanction. Explanation: This section simply makes it clear that a sanctioned individual must not violate the terms of the sanction. Continuing with the new Section X: D. Reservations Insert new section:
The Board explicitly reserves to itself the discipline of individuals for actions taken while serving as Sovereign or Consort of a kingdom. However, the Board will not consider appeals against the Crown before the aggrieved parties have attempted to resolve their problem directly with the Crown, and then with the appropriate kingdom and corporate officers.
The Board reserves to itself the final determination regarding discipline of members for actions taken while serving as Sovereign or Consort of a principality. However, the Coronet remains subject to the Crown, and provisions regarding Courts of Chivalry and banishment still apply. When the Crown believes the Coronet has overstepped the bounds of law and custom, the normal recourse should be to in-kingdom mediation and then to a Court of Chivalry. If the Board upholds the judgment of such a Court, the affected parties may be subject to loss of any honors and privileges deriving from their reign, and nullification of any official acts dating back to the incident which led to the invocation of the Court. If the Crown feels that rapid action is essential to protect the Society, it has the option of banishing the Coronet from the realm, effectively putting the principality reign into abeyance until either conditions change within the kingdom or the Board countermands the order. However, if the Board does not agree with the Crown’s judgment regarding the urgency of the situation, the Board may choose to take action against the Crown as well as or instead of against the Coronet.
The Board reserves the right to degrade a person from the Peerage. However, kingdom law may define conditions and procedures under which a recommendation for such action may be made to the Board. Unless stipulated otherwise by the Board, the Board’s decision in such a case applies only to the matter at hand. Nothing prohibits a person who has been degraded from any order of the peerage from being elevated to the peerage at a later date, should the Crown determine that the person in question now meets the requirements of the order to which he is being elevated.
As with Peerages, the Board specifically reserves the right to revoke any Award or Grant of Arms. Kingdom law may make provisions for offering such a recommendation to the Board.
Explanation: All of the above section is existing language in Corpora that has been moved to the new Sanctions section.
Bylaws V.C.1. General Conditions and Privileges of Membership / Access to Membership Currently reads: Membership in the SCA is open to any interested individual, without restriction of age or citizenship. Membership can be terminated only by: (1) lapse following nonpayment of dues, or (2) action of the Board of Directors. Memberships are not transferable or assignable. Change to read: Membership in the SCA is open to any interested individual, without restriction of age or citizenship. Memberships are not transferable or assignable. Membership can be terminated only by: (1) lapse following nonpayment of dues, or (2) action of the Board of Directors in accordance with the rules for Revocation and Denial of Membership as defined in the Corporate Policies of the Society for Creative Anachronism, Inc. II. D. (Revocation/Denial of Membership).
Explanation: The additional language further defines “action of the Board of Directors” and points to the rules for Revocation/Denial of Membership in the Corporate policies. Bylaws V.C.3. Memberrs / General Conditions & Privileges of Membership / Revocation/Denial of Membership Currently reads: Membership in the SCA may be revoked and/or denied as provided in Paragraph C.1 of this Article for the following reasons: (1) conviction of violation of civil or criminal law; (2) actions that endanger the SCA; (3) violation of the By-Laws or Corpora of the SCA; (4) formal recommendation arising out of procedures for the purpose defined in Corpora for the medieval structure of the SCA. Strike entire section. (This change requires renumbering Bylaws V.C.4. to V.C.3.) Explanation: The language from this section has been unified with the language in Corporate Policies II.D. (Revocation/Denial of Membership). Bylaws V.C.4. Members / General Conditions & Privileges of Membership / Reservations to the Board Renumber to Bylaws V.C.3. Corporate Policies of the SCA II.D. General Conditions and Privileges of Membership / Revocation/Denial of Membership Currently reads: Membership in the SCA may be revoked for the following reasons:
Membership in the SCA may be denied for the same reasons as for revocation. Membership may also be denied if the reasons for a previous revocation of membership are still considered valid by the Board. The Board will consider a request for revocation or denial of membership in the SCA under any of the following circumstances:
Change to read: A revocation or denial of membership by the Board enforces exclusion from all SCA functions in all SCA kingdoms. 1. Grounds Membership in the SCA may be revoked and/or denied for the following reasons:
Membership may also be denited if the reasons for a previous revocation of membership are still considered valid by the Board. 2. Board Consideration The Board will consider a request for revocation or denial of membership in the SCA under any of the following circumstances:
3. Notification Upon receipt of a request for Board action affecting membership, the Board shall notify the person(s) in question of when the matter will be considered and invite all relevant documentation and appeals. Due to the serious nature of these proceedings the Board may elect to temporarily prohibit a person’s participation in Society functions until a decision on revocation and denial of membership has been reached. In such a case, the Board shall make all reasonable efforts to expedite these proceedings and prevent unnecessary delay. 4. Appeal A revocation or denial of membership may be appealed, but such appeal must be accompanied by new evidence that warrants re-examination by the Board. At the conclusion of the imposed term of revocation or denial, or if an appeal as provided above is accepted by the Board, exclusion from SCA events shall be lifted, and the individual shall be allowed to (re)apply for membership in the SCA, unless membership is again denied. Explanation: This language takes the reasons for Revocation/Denial of Membership and Absolute Banishment (which automatically carries a request for Revocation/Denial of Membership) from Corpora, the By-laws, and the Corporate Policies, and combines them into one place for ease of use. Further, it now contains the language on notification and appeal from Corporate Policies II.E. (Notification). It adds a provision, in the instance of extremely serious allegations, for the Board to temporarily prevent someone from attending SCA functions while investigation of a matter is pending. Corporate Policies of the SCA II.E. General Conditions and Privileges of Membership / Notification Currently reads: Upon receipt of a request for Board action affecting membership, the Board shall notify the person(s) in question of when the matter will be considered and invite all relevant documentation and appeals. The Board will discuss and decide such a petition in accordance with its rules. Regardless of how the process is initiated, a revocation or denial of membership by the Board enforces exclusion from all SCA events in all SCA kingdoms. Such a revocation or denial of membership may be appealed, but such appeal must be accompanied by new evidence that warrants re-examination by the Board. At the conclusion of the imposed term of revocation or denial, or if an appeal as provided above is accepted by the Board, exclusion from SCA events shall be lifted, and the individual shall be allowed to (re)apply for membership in the SCA, unless membership is again denied. Strike entire section. (This change requires no renumbering.) Explanation: The language of this section is being moved to Corporate Policies II.D. Revocation/Denial of Membership. The Directors request comments from the membership regarding this proposed revision no later than December 1st, 2004. Please send them to: |
Society for Creative
P.O. Box 360789 |