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From: "Linda Haas Davenport" <>
Subject: CPC Procedures - Section 7-8
Date: Sat, 1 Jul 2006 07:16:40 -0500


Section 7 - Arbitration
If the mediation process fails, and the grievant wishes to
continue with the complaint, the mediator will so advise the
volunteer arbitrators. The mediator and the arbitrators, along
with the overseeing committee member, will conduct the
arbitration hearing, with the committee member acting as a
non-voting chair.
The volunteer arbitrators will be resubscribed to the mail list
and both parties to the grievance will remain subscribed to the
list. Both parties will be given the opportunity to present
statements or evidence. The volunteer arbitrators may request
additional information if they feel it is necessary, or may ask
further questions of the parties involved.
After hearing both sides of the issue, the parties shall be given
an additional seventy-two (72) hours to provide to the chair a
written summation of their position in view of the discussions
held.
The chair will provide these summations to each member of the
team. The team shall retire to closed session and come to a
recommendation of the course of action to be taken by the parties
to resolve the dispute. The arbitrators may find for either
party, or reach a decision that is a compromise between the two
positions. The arbitrators will make a recommendation as to what
action, if any, should be taken.
The burden of proof of a violation of the by-law, policy, or
procedure cited in the initial complaint is on the person making
the allegation. The decision of the arbitration team will be
based on the information and evidence submitted and applicable
USGenWeb and XXGenweb Project by-laws. Failure of one party to
participate in the arbitration process will result in the
decision being made against the non-participating party in
accordance with the information presented.
This recommendation shall be submitted to the Grievance
Coordinator for approval of the Grievance Committee. Upon
approval, a written decision will detail to the parties the
findings of the team and the actions to be taken by the parties
in light of the findings.
The decision of the Arbitration Committee becomes the final
resolution of the dispute upon approval of the recommendation by
the Grievance Committee. Failure of any party or USGenWeb Project
member to comply with the decision is a violation of The USGenWeb
Project standing policy and procedures and subject to action by
the USGenWeb Advisory Board.
The arbitration process is considered confidential, and parties
involved must agree to uphold that confidentiality unless ALL
parties (including volunteer arbitrators and witnesses) agree to
the contrary.

Section 8 - Appeal
A party aggrieved by a decision of the Grievance Committee may
make an appeal to the USGenWeb Project Advisory Board. The
Advisory Board will review the appeal to determine if the
Grievance Procedures were followed as set out herein. An appeal
to the Advisory Board is not a rehearing of the issues and the
outcome is either to affirm the determination made by the
Grievance Committee, or a return to the Grievance Committee for
reconsideration.
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