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dkk server resources

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Council (C)

  1. The Council is not active unless a conflict needs to be resolved.
    1. The purpose of the Council is not to allow for off topic discussions in private Council channels.
  2. The Council does not directly enforce rules or disciplinary sanctions.
  3. The Council can agree on rules to induct or remove a council member.
  4. When a new council member is nominated and inducted, the council will report the change to the SE (server executive).
  5. The SE is not part of the council.
  6. The SE enforces server rules autonomously without Council intervention.
  7. The SE will make executive decisions when rules conflict or don’t exist.
  8. Any non judicial server action may be agreed to by the council without need for Panel formation by unanimous consent (no objections)
  9. The SE manages the automated voting system at their own discretion. The intent of this is to prevent misuse of the automated system (and not to filter out controversial votes). However, votes may take place without the SE initiating a count. Any Council member may initiate and take count of a vote legitimately without using the automated voting system.
  10. The Council exists as a group of people who are exected to reasonably consider and resolve conflicts. Members of the Council must respect and accept all Council outcomes.

Conflict Resolution/Arbitration (CRA)

  1. Investigations/Arbitration proceedings must be conducted in secrecy, on a need-to-know basis.
  2. Non-Panel council members may not participate nor interfere. Non-Panel council members may not influence Panel decisions directly/indirectly.
  3. Any member of the server can request the opening of an investigation or arbitration regardless of whether or not they are an involved party.
  4. The council would be activated when an incident requires investigation (single accused party) or arbitration (Accuser/Accused, or both Accusing). The council will vote, and if a majority agrees, a Panel will be created.
  5. The council can vote to begin an investigation to accuse a user (member of server, but can also be external) of wrongdoing committed against the DKK server community.
  6. Conflict of interest: If someone comes to DKK with a request for arbitration, the parties involved would most likely include council members. Council members cannot directly participate in decision making for a case they are a party of.
  7. A minimum of 3 council members are required to form a panel. An odd number of Panel members is suggested, but not required. These members will form a Panel who will conduct an investigation or to hold a trial.
  8. A panel can be formed in 3 ways:
    1. If 3 or more non-involved Council members volunteer, they can form their own Panel.
    2. If the non-involved Council members can agree by >=75% vote, they can form their own Panel.
    3. If the Council cannot form a Panel in a timely manner, the SE will appoint a Panel, with no restrictions on who they may appoint; this may include non-Council users.
  9. For difficult situations where the responding party can’t be contacted, the Panel may issue a default judgement until such time that the other party can be represented properly, or a fiduciary representative may be agreed to by unanimous consent of the Council
  10. The Panel may reach any range of decisions. Example decisions/votes:
    • Permanent ban for 1 party
    • Permanent ban for both parties
    • Temporary ban
    • Warning
    • Public reprimand
    • Private reprimand
    • Request for apology
    • Username Change
    • Praise / Award given
    • Finding in favor of a certain party: No server action recommended
    • Finding in favor of neither party: No server action recommended
    • No finding: No server action recommended
    • The Server or Council apologizes for own wrongdoing
  11. The Panel must agree on a voting system:
    • Consensus (100%)
    • Supermajority (51%-99%)
    • Majority (50% + 1)
    • Plurality (Largest share of votes)
  12. The Panel must decide how to break voting ties. Examples:
    • The SE will be the tiebreaker
    • Discuss again and vote again
    • Appoint someone to be the tiebreaker, who must be approved by the SE
    • Goes to full council vote (not recommended)
  13. When the Panel completes its findings, it will report its findings to the SE and recommendation for disciplinary action, if applicable.
  14. The Panel must consider appeals. If the panel denies an appeal, no more appeals from that party will be considered. If the panel approves an appeal, the investigation or arbitration will reopen with the same Panel members.
  15. The SE may oversee the Panel in a non-voting role.
  16. The SE must execute the recommendation of the Panel if the Panel reaches a binding decision.
  17. Panel findings and recommendations don’t have to be published.
  18. If the SE determines that a Panel is stalled and unable to come to a ruling, then the SE may appoint a new Panel without restrictions.
    1. If the SE intends to appoint a new Panel, a 36 hour notice should be given to the council members of this intent.
  19. A panel may not investigate nor rule on a matter outside of the scope declared in the original request for inquiry.
  20. Emergency enforcement provision: At the SE’s discretion, any member with pending disciplinary litigation (Investigation or Arbitration) may have their rights suspended in part or in whole, pending the outcome of a Panel decision.
    1. A warning may or may not be provided in advance.
    2. The SE has an obligation to notify the Council upon use of CRA.20.
    3. The temporary suspension of rights can be reversed by Council unanimous consent vote.
    4. The SE is not immune from CRA.20 abuse investigations.

Investigation Procedure (IP)

  1. State ALL accusations and ALL available evidence/information to the accused.
  2. Get a statement from the accused.
  3. Panel may ask additional additional questions to parties involved or witnesses.
  4. Panel vote.
  5. Deliver findings and recommendation to the SE.

Arbitration Procedure (AP)

  1. Request a statement from party A and party B. Remind them that they can provide witness testimony, if available, and that their statement will be viewed by the other party.
  2. Provide both parties with the other party’s statements.
  3. Request a rebuttal from party A and party B.
  4. Panel may ask additional additional questions to parties involved or witnesses.
  5. Panel vote.
  6. Deliver findings and recommendation to the SE.

Appeals (A)

  1. The appealing party submits the appeal to the SE.
  2. The SE may reject the appeal if the same Panel cannot be reconvened or if an arbitrary extended period of time has elapsed since the original decision date.
  3. If the appeal is accepted by the SE, the original Panel will reconvene.
  4. If applicable, the Panel will notify the opposing party of the appeal and request a rebuttal from the opposing party.
  5. Panel may ask additional additional questions to parties involved or witnesses.
  6. Panel vote.
  7. Deliver findings and recommendation to the SE.

Post-Closure (PC)

  1. Council members can petition the SE for temporary, read-only access to the server.
  2. Ordinary server members can petition the SE for temporary, read-only access to the server if the petition is sponsored by a Council member.
  3. Pending issues will remain pending (issues before #22).
  4. Council meetings can be held outside of dkk, if the guidelines above can be reasonably followed.
  5. Server member rights are suspended.