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Fwd: [Announcements] Sanctions and Investigations Policies and Processes

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  • Seamus MacBain
    ... From: Date: Wed, Mar 20, 2013 at 3:59 PM Subject: [Announcements] Sanctions and Investigations Policies and Processes To:
    Message 1 of 1 , Mar 20, 2013
      ---------- Forwarded message ----------
      From: <ea@...>
      Date: Wed, Mar 20, 2013 at 3:59 PM
      Subject: [Announcements] Sanctions and Investigations Policies and Processes
      To: announcements@...

      The Board of Directors would like to address concerns that have been
      raised regarding the sanctions process and related documents.

      The authority for and actions by the Board of Directors are granted by
      and described solely within the Articles of Incorporation and Bylaws
      of the SCA (our Governing Documents). With respect to sanctions, this
      authority is found within Section V.C.3 of the Bylaws and Sections
      II.D and II.E of the Corporate Policies. The rest of our Governing
      Documents describe the authority and policies that govern Officers of
      the corporation, not the authority and/or policies of the Board.

      The document titled "Board of Directors Procedures Manual" was a
      document created in 2004 as an internal set of suggested guidelines
      for earlier Boards of Directors. The document was outdated and has not
      guided the actions of the Board of Directors for at least the past
      seven years. That Manual should have been rescinded and removed from
      the website once the current Board was made aware of the document. The
      Board had discussed such action many months previously, and made
      certain the document was properly removed at the January 2013 meeting.

      All recognized SCA websites providing official documents clearly
      display the disclaimer that “information on these pages will always be
      superseded by paper copy available from the Milpitas office. Those
      versions of documents are authoritative for all purposes” – and the
      Policy on Electronic Communications within our Governing Documents
      clarifies that the governing version of all documents are those
      available in printed form from the SCA Stock Clerk, and that disputes
      over documents are always decided in favor of the printed version
      available through the Stock Clerk.

      Although no such authoritative paper copy of the “Board of Directors
      Procedures Manual” was ever made available from the Milpitas office,
      the Board recognized that some recently sanctioned individuals may
      have relied on the contents of the Manual to guide their actions and
      expectations during the investigation and sanction process. As a
      result, the Board agreed to hear the appeal of those recently
      sanctioned individuals who included as part of their appeals that
      reliance on the language in the Manual may have prejudiced the
      investigation, resolution and/or sanction decision, whether or not
      “new” evidence was presented to the Board in the appeal. The Board
      took any reliance upon that Manual into account in the consideration
      of such appeals.

      The Board of Directors has directed the Society Seneschal to review
      and revise the sanctions and investigations process, and the Society
      Seneschal has been working to consolidate information regarding
      sanctions for the SCA into a single document. The Society Seneschal is
      also working to streamline the entire sanctions and investigations
      process. He has engaged the Kingdom Seneschals and the Grand Council
      to assist in these significant undertakings. Proposed revisions will
      be presented to the Board for review when complete. Once these
      processes and documents are approved, they will be available to all
      participants on the corporate website and officially available through
      the Stock Clerk in the Milpitas office.

      The first step in this process was to revise the Seneschal’s Handbook,
      to streamline that Handbook and remove the references to sanctions in
      that document, in anticipation of a consolidated sanctions process.
      That revised Handbook was approved at the January 2013 meeting and the
      Society Seneschal will be communicating with all Kingdom Seneschals in
      the next few weeks.

      As always, any potential changes to Corpora will be communicated out
      to the membership for commentary. We encourage anyone with
      recommendations for improving these processes to communicate with the
      Seneschallate and/or the Board via comments@....

      Comments are strongly encouraged and can be sent to:
      SCA Inc.
      Box 360789
      Milpitas, CA 95036

      You may also email comments@....

      This announcement is an official informational release by the Society
      for Creative Anachronism , Inc. Permission is granted to reproduce
      this announcement in its entirety in newsletters, websites and
      electronic mailing lists.

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