SubGroups/Dispute/new-framework

The draft of the proposed dispute framework is available here: File:framework.pdf

The previous document is available here: File:DisputeProcedure-v1.0.pdf

This page summarizes the policy changes.

Filing disputes

This is functionally equivalent to the previous policies, but clarifies more precisely how disputes should be filed and to whom.

Scope of disputes

Extended to apply to visitors in addition to members.

Refusing disputes

Clarifies the process and consolidates information from throughout the document into one place. Adds as a matter of policy that the details of and parties to a refused dispute are not shared outside of the dispute committee unless the complainant appeals the refusal.

Temporary injunctions

More explicitly and narrowly defines the committee's right to instruct the board to impose access restrictions during the investigation in the case where a present and immediate danger to members of the space is perceived.

Summons to testify

This was moved into its own section and made more clear in the enumerations of the rights of the summoned.

Available redresses

Adds "termination of membership", which is subject to the processes defined by statutes (three formal warnings required, or two formal warnings about the same behavior). This was already a recommendation available to the dispute committee (it's implied by recommending a third formal warning), but it's made clear in the revised document.

Closure and reporting

Revised to clarify the nature of the report and who receives what information, particularly with respect to ensuring the privacy of parties involved (with the intention of making it easier for the committee to ensure the privacy of the victim in cases of egregious misconduct). Also removes the requirement to file a report for informal disputes.

In the event of board refusal

This section clarifies that the board is expected to enforce the recommendations of the committee provided that they are consistent with the statutes, house rules, and code of conduct. In the event that the board refuses to enforce the committee's recommendations, an ALV is convened to resolve the matter.

Note that this is a change in expectations but not actually a meaningful change in policy. If the board does not follow the committee's recommendations, it was already within their rights under the statutes to convene an ALV to appeal the board's decision. This just makes it clear that the committee intends to do this in such cases.

Privileges of the committee

This explicitly states the committee's right to issue the temporary injunctions mentioned above. It also sets out the right for the committee to access the list of active members and their contact details, which is necessary for the committee to carry out its obligations regarding notifying parties and summoning witnesses.

Conduct of the committee

A new section which explicitly addresses the expectations of conduct for committee members.

Report to the assembly

Clarifies the nature of how the committee reports at the ALV.

Resources

Removes the requirement for the infrastructure to be independently maintained by the committee. This has never worked in practice; the dispute committee has used techinc's infrastructure since its inception. It might be nice to do this in the future but I'd prefer to focus more on getting the committee working and not on provisioning infrastructure.

Record keeping

Remove the ability for previous dispute committee members to arbitrarily deny future members access to dispute records.