How to File an Ethics Complaint |
By Judy Misner | |
How to File an Ethics Complaint
In accordance with the US Chess Code of Ethics you must be a
US Chess member.
To file a formal ethics complaint, contact office Liaison, Judy
Misner by email ([email protected]), phone (931.787.1234, Ext. 126), or
regular mail to the US Chess office in Crossville, TN. Mark the envelope to the
attention of Judy Misner, who is the Committee’s liaison in the office. All
complaints and responses should be typed. In addition to submitting your
complaint you must also mail a $50 check to US Chess as a good faith deposit. The
fee is subject to change as determined by US Chess. The deposit will be returned unless the
ruling authority finds the complaint to be frivolous and rules that the deposit
is to be forfeited.
There are a number of things you should keep in mind when
making a complaint. First, the jurisdiction of the Ethics Committee is governed
by two documents: the Code of Ethics and the Executive Board Standards of
Conduct. A copy of the Code of Ethics may be found on the US Chess web site. A
copy of the Executive Board Standards of Conduct may be found on the website
also. In your complaint, you should make specific reference to the section(s)
of these documents, which apply, to the violation you claim.
If
you decide to make a complaint, you should include with it ALL the evidence you
want considered. The Committee will not research web sites (except for the US
Chess rating history pages), blogs, social media postings etc. If you want such
material considered, it is up to you to copy this material and send it with
your complaint. If you want other individuals to provide statements in support
of your charges, we prefer that you obtain them. However, the Committee may
agree (but is not required) to ask the US Chess office to contact them and ask
for the statements. Note that the committee strongly prefers first-person
witness testimony. Do not merely report what a witness said or e-mailed to you;
ask them for a full written statement in their own words and provide a copy
with your complaint.
Once the complaint is received in the US Chess office, the
following procedure takes place. First, a copy of the complaint will be sent to
every member of the Ethics Committee and they will examine it to determine if
it falls within their jurisdiction. If they vote that it does not, you will be
notified and that will be the end of the matter. If they vote that it does, the
complaint will then be sent to the respondent(s) with a request for a formal
response by a given deadline. When that response is received, it will be sent
to you and you will have the opportunity to make a rebuttal. Finally, your
rebuttal will be sent to the respondent(s) who will get the last word. When all
four of these documents (complaint, response, rebuttal, and final statement)
have been received at the US Chess office, a packet will be made up and sent to
both parties and to every member of the Committee. The Committee will then consider
the evidence and take a vote and all parties will be notified of the decision.
If the Committee finds that a violation has occurred, they
can recommend sanctions to the Executive Board, including a reprimand, a
censure, or even suspension or revocation of US Chess membership. Please note
however, that when the respondent(s) is/are a member of the Executive Board, they can
recommend only a reprimand or censure; if they wish to suggest more serious
sanctions, these must be referred to the US Chess Delegates for action.
Once the decision letter
is provided to the complainant and respondent(s), if sanctions were recommended
against the respondent(s), the respondent(s) has/have 30 days from when he/she was notified
of the recommended sanctions to submit an appeal of the decision to our
Executive Board through the US Chess office. No appeals shall be permitted in
cases where the Ethics Committee has found in favor of the respondent(s) and has
recommended no sanctions.
If the respondent(s) chooses
to submit an appeal it needs to be submitted to: US Chess, Attn: Judy Misner,
P.O. Box 3967, Crossville, TN 38557 or submit by email to: Executive Director,
Carol Meyer at: [email protected] and Judy Misner at: [email protected].
(Revised: October 25, 2017) |