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(Proposed by the ad hoc committee formed to create a policy) |
| Committee members: Mike Duweck, Brian Johnson, and Floyd Furgason. |
| Complaints regarding the conduct of chess players as it regards any chess event may be filed by anyone. Such complaints must be made in writing and can be made initially to any member of the MCA board. If the complaint is first made verbally, the board member must tell the complainant that such complaint will only be considered if submitted in writing. The board member must encourage the complainant to do so. The complaint must be forwarded to the board president within two days of receipt. A copy of the complaint must be kept by the receiving board member in case of a mail problem with the original. Upon the President's receipt of the complaint, he must: |
| A. Determine the date at which the complaint will be considered by the board. This date will preferably be the same as the regular board meeting. |
| B. Mail a copy of the complaint to the accused and all other members of the board. The complainant, the accused and the members of the board must all be informed of the time, date, and place of the hearing on the matter. The complainant and the accused must also be mailed a copy of this procedure so that they know the process they are being asked to follow. |
| C. The hearing may take place no sooner than two weeks after notice is mailed, but no later than six weeks after the notice is mailed. |
| The hearing procedure shall be as follows: It is recommended that following the call to order of the meeting and approval of the minutes from the previous meeting, if any, a motion to suspend the rules be made for the purpose of bringing the complaint to the floor and for the convenience of those attending for the hearing only. Should none of the principals be present, the board may elect to bring the issue up later in the meeting, unless the meeting has been called for the sole purpose of hearing the complaint, in which case the board will consider whatever information is on hand and render its decision. Once the issue comes up before the board, the complainant will be allowed to present his case, including whatever statements, witnesses, or evidence he chooses. The accused will then be allowed to question any part of the complainant's case. The accused will then be allowed to present his case including whatever statements, witnesses, or evidence he chooses. The complainant will then be allowed to question any part of the accused's case. The board will then be allowed to ask any questions it has of either side in the matter. This hearing shall be open. Written statements may be presented in lieu of a witness' appearance. The accused and/or the complainant may be represented by another person at the hearing. |
| Following conclusion of the hearing, the deliberation process shall proceed as follows: The board shall withdraw into closed session immediately or postpone such closed session until later in the meeting unless the meeting was called for the sole purpose of hearing the complaint, and make its ruling. The complainant and the accused shall be informed of the board's decision in writing within two days of the board's action, which must be taken during the above mention closed session so those board members present at the hearing and only those present at the hearing may take part in the decision. A majority vote shall be sufficient to determine the board's action. If the complainant or the accused is a board member, that board member shall not be allowed to act in that capacity during the complaint process. The decision of the board shall take effect immediately. The charge, the complainant, the accused, and the outcome only shall be published in the MCA magazine. |