306 Policy on Discipline
§01 - Administrative Scope & Overview
Dystopian Roleplay shall handle all internal infractions that require correction and discipline through an internal Disciplinary Hearing. The purpose of the hearing is to address the violation in an open and transparent method in order to reach a conclusion that is firm but fair.
Any member of Dystopian Roleplay; to include Staff positions and general membership shall be entitled and afforded the privilege of having a disciplinary hearing anytime they are accused of an infraction that warrants disciplinary action and accountability. Such hearing is a privilege that may be waived in writing addressed to either Kommandant Jut or Director Zr970. Such privilege may also be forfeited by either:
[A.] In the event that there is an immediate credible threat to the safety, security, stability and privacy of Dystopian Roleplay , its leadership and or members. Special action may be taken in such extreme circumstances, but a public announcement must be made to outline such action taken and why. [Pursuant to DP309.18 ]
[B.] The individual refuses to cooperate in a civil manner that is consistent with this policy regarding the structure and procedure of a disciplinary hearing.
If an individual has been banned or suspended for the ninety-six hour period allowed prior to a hearing, the disciplinary hearing must happen within that ninety-six hour period. An extension may be issued provided there are extreme circumstances that warrant such OR by request of the accused individual. If such hearing is delayed the suspension & ban may be extended to such time effective judgement can be rendered.
§02 - Evidentiary Rules and Procedure
All evidence presented must be relevant and direct in its nature in establishing specific articulable facts and circumstances that led to the complaint against the individual.
Evidence must be in its original state and have no modifications that would otherwise disrupt the integrity of the evidentiary value. Any such tampering of evidence is grounds for the removal of its use in said hearing. The exception to this rule is the removal of personal data that may be considered sensitive in order to maintain compliance with DP304.
All evidence must be made available to the accused parties, although the source of such evidence may remain confidential in the instance of screenshots or recorded film per the reporter’s desire.
§03 - Witness Rules and Procedure
A witness shall be defined as any individual who has directly observed the behavior that is being reviewed in the Disciplinary Hearing. Third party or hearsay is prohibited. Anyone who volunteers to be witness must be present at the disciplinary hearing and respond to questions from the accused and the leadership of Dystopian Roleplay .
§04 - Transparency & General Audience
All disciplinary hearings are to be held in a public manner that is accessible to any member of Dystopian Roleplay . The hearing is required to be posted with at least twelve-hour notice on the Forum. Any member who attempts to disrupt a hearing shall be removed forthwith and forfeit the right to participate in future hearings.
Those who wish to attend the disciplinary hearing and that are not the specific subject of such hearing, must remain quiet until either asked a question directly, or the feedback section of the hearing.
§05 - Hearing Procedure
The following procedure shall be adhered to at all times during a disciplinary hearing. Although specific exceptions can be made if it is deemed necessary by the leadership of Dystopian Roleplay to effectively render judgment against an accused individual.
[1.] Opening statement by the Leadership against the accused.
[2.] Opening statement by the accused.
[3.] Leadership presentation of the evidence
[4.] Accused’s rebuttal.
[5.] Witnesses presented [IF APPLICABLE]
[6.] Closing Statement by the Leadership
[7.] Closing Statement by the Accused.
[8.] Remarks by the audience in regards to the case.
[9.] Leadership takes a break to render verdict.
[10.]Verdict is publicly posted and the accused is informed.
§06 - Burden of Proof
For purposes of all DystopianRP Disciplinary Hearings, when considering the evidence, facts and circumstances of a case it shall be based on the preponderance of the evidence standard when rendering a verdict of guilty or not guilty.
§07 - Records Compliance
Dystopian Roleplay must maintain accurate records of all Disciplinary hearings and make such record publicly available as a means to increase transparency of action. There is also tremendous education value in preventing future incidents of similar nature if the membership is made aware of the consequences. All DystopianRP Hearings are subject to audio recording. By attending, participating or otherwise being involved there is implied consent to allow the leadership to audio record. Such audio recording coupled with chat logs may be joined together to create a transcript that shall be published on the forum no greater than seven days after the hearing date.
All evidence leading to the judgement shall be maintained on the website for a period of no less than one month.
§08 - Rules Governing
I. All individuals who are participating must conduct themselves in a civil manner.
II. Individuals must respect whomever has the floor.
III. Individuals whom are deemed ‘disruptive’ may be removed and barred from future proceedings at the discretion of the leadership.
IV. Anyone who knowingly omits information or tells a lie shall be removed from Dystopian Roleplay .
V. Any behavior, implied, spoken, or action that demonstrates a credible threat to the integrity of the hearing will result in ‘guilty’ verdict and the forfeiture of appeal and due process pertaining to the case.
§09 - Punishment
Punishments shall be handed down at the discretion of Dystopian Roleplay Leadership. Attached is a guide outlining potential punishments. Circumstances may warrant a deviation from this guide as both aggravating and mitigating factors will be taken into account by Dystopian Roleplay leadership.
[A] CLASS A PUNISHMENT: Reserved for members and staff who purposely and or maliciously act or behave in a way that violates any policy, rule or regulation of Dystopian Roleplay . Punishment for first offense shall be a written two-page report on an issue identified by the staff member in charge of training. The violation shall carry no less than seven days of extra duty and no less than six hours of training. For secondary and subsequent instances, the individual may be subject to removal of rank, ban from website and server services and discharged from Dystopian Roleplay .
[B] CLASS B PUNISHMENT: Reserved for members and staff whom knowingly act or participate or enable violation of any policy, rule or regulation of Dystopian Roleplay . Punishment shall consist of five days extra duty and no less than four hours but no greater than six hours of training as well as probationary period of one year.
[C] CLASS C PUNISHMENT: Reserved for personnel for who recklessly act in a manner that causes a violation of any policy, rule or regulation of Dystopian Roleplay . Such violation shall be punished with probationary status not less than a month but not greater than three months. The individual shall also be subject to no less than two hours of training and not more than four hours of training. Additionally, the individual shall be subject to two days ‘extra’ duty.
[D] CLASS D PENALTY: Reserved for staff [as defined by DP309 & DP303 ] who negligently act in an official duty position that causes a violation or the negligence of duty fails to stop a violation any policy, rule, directive or regulation of Dystopian Roleplay . The punishment shall be a week’s probation and no less than two hours but no more than six hours of ‘extra’ duty.
[E] CLASS E PENALTY: Should none of the other classes of penalties be determined appropriate for a violation, CLASS E shall be deemed as a measure to provide appropriate counseling and management to prevent future harm. The punishment shall be direct and proportionate to the harm caused and a probationary period of no less than two weeks.
§10 - Appeals Process
Any individual whom has been subject to a disciplinary hearing is entitled to an appeals process. Such appeal must be submitted in writing and fully explain why the individual feels there was fault in evidence or process resulting in the finding of guilty. The appeal must be made within seven days of the hearing and may only be submitted should the individual have exercised their right to the hearing and complied with all rules pertaining to the proceeding.