Sanctions
An article for the Caid Wiki by Master David of Caithness, OP
One of the good things about the SCA is every natural person holding membership in the SCA is eligible for office and advancement within the SCA, subject to the requirements for such office or advancement.
One of the bad things about the SCA is every natural person holding membership in the SCA is eligible for office and advancement within the SCA, subject to the requirements for such office or advancement.
The truth of the matter is that not all people are suited to all offices and advancements within the SCA and we do them a disservice in thinking they are. Unfortunately, Caid has had to learn this the hard way.
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Major sanctions, such as a ban on attendance or participation, should not be a substitute for appropriate administrative or legal action. Offenses against contemporary civil or criminal law should be dealt with through the appropriate legal system. This, however, does not preclude the SCA from taking additional appropriate actions; such as the revocation and Denial of Membership. Sanctions should be proportionate and appropriate. In the SCA, there are two basic forms of Sanctions; Royal and Administrative. All sanctions must be carried out using the Uniform Sanction Procedure found in the Society Seneschals’ Handbook. A failure to follow this procedure can result in the sanction being overturned upon review and the parties responsible may be subject to sanctions themselves.
Royal Sanctions
Royalty may sanction subjects of the realm and visitors thereto, for just and stated cause. Royal Sanctions are in effect from the moment of proclamation, but a notice must be published in the next available issue of the kingdom newsletter if the sanction is to remain in effect. The specific cause and occasion of the sanction must be explained in writing to the sanctioned individual, but must not be published in the kingdom newsletter or otherwise made public. This holds for all sanctions, the cause and occasion are considered private matters and due care and considerations are taken to prevent embarrassing situations from occurring. There are two levels of Royal Sanctions: lesser and greater.
A Lesser Sanction may be applied for any reason the Royalty deems just and appropriate, as long as the maintenance of the realm is not impaired, and the general requirements for Royal Sanctions are met. These Sanctions continue for the stated duration of the Sanction or until the end of the reign, whichever comes first.
Lesser Sanctions
- Banishment from the royal presence. Requires the banished person to make every effort to stay away from the issuing royalty, and precludes attendance at court or the exercise of any privileges of rank or duties of office which would require interaction with the royalty.
- Prohibition from the Wearing or Display of the Insignia of the Realm. This precludes the sanctioned individual from wearing or displaying any badges or other armory specific to the realm or any of its branches, awards, or orders. This specifically does not preclude the wearing of peerage badges, as they are registered to the Society and not to specific kingdoms.
Royalty are granted broad discretion in the imposition of Lesser Sanctions. The Board will not automatically review Lesser Sanctions; however, members may appeal a Lesser Sanction to the Board as provided in Corpora.
A Greater Sanction may be imposed only in response to serious transgressions against Society rules, serious violations of standards of behavior at a Society event, or other actions that negatively affect or endanger the Society. These Sanctions continue for the stated duration of the Sanction or until the end of the reign, whichever comes first.
Greater Sanctions
- Withdrawal of the Privileges of Rank. It precludes the sanctioned individual from exercising any privileges of rank in the realm of the issuing Royalty. This includes, but is not limited to, peerage polling privileges, as well as the use of associated titles and regalia.
- Banishment from the Realm. It bars the sanctioned individual from active participation in Society events in that realm. Banishment from the realm specifically does not preclude attendance at events, as long as the banished person makes no effort to engage in activities subject to the jurisdiction of any officer except as required for event attendance, or otherwise disrupt the peace of the event. Additionally, such banishment carries with it the restrictions of Banishment from the Royal Presence.
- Exile from the Realm. It precludes the sanctioned individual from attending any SCA function in that realm.
- Absolute Banishment. It precludes the sanctioned individual from attending any SCA function in any realm. In addition to the general requirements for Greater Sanctions, an Absolute Banishment may only be imposed when grounds for a Revocation and Denial of Membership exist. An Absolute Banishment automatically carries with it a request to the Board for Revocation and Denial of Membership for the sanctioned individual. Revocations and Denials of Membership are reserved to the Board.
Revocation/Denial of Membership
Membership in the SCA may be revoked for the following reasons:
- Conviction of violation of civil or criminal law
- Actions that endanger the SCA
- Violation of the Governing Documents or other rules of the SCA
- Formal recommendation arising from procedures defined in Corpora.
Membership in the SCA may be denied for the same reasons as for revocation. Membership may also be denied if the reasons for a previous revocation of membership are still considered valid by the Board. The Board will consider a request for revocation or denial of membership in the SCA under any of the following circumstances:
- Petition to the Board by 30% or more of the membership of the kingdom of residence of the person being considered for such revocation or denials who are currently members of the SCA.
- Petition by a majority of the kingdom great officers and peers of the kingdom of residence who are currently members of the SCA.
- The recommendation of a duly-constituted kingdom court of chivalry
- Documentation of cause for absolute banishment
A revocation or denial of membership by the Board enforces exclusion from all SCA functions in all SCA kingdoms.
Grounds
Membership in the SCA may be revoked and/or denied for the following reasons:
- Actions that endanger public health and safety, or disturb the peace of an SCA activity in a manner which would make it reasonable for the modern authorities to be called in for assistance.
- Actions in the course of performing official duties on behalf of the SCA which would make it reasonable for the modern authorities to be called in for assistance.
- Actions that endanger the SCA.
- Violation of the Governing Documents or other rules of the SCA.
- Conviction of violation of civil or criminal law.
Membership may also be denied if the reasons for a previous revocation of membership are still considered valid by the Board.
Board Consideration
The Board will consider a request for revocation or denial of membership in the SCA under any of the following circumstances:
- Petition to the Board by 30% or more of the membership of the kingdom of residence of the person being considered for such revocation or denials who are currently members of the SCA.
- Petition by a majority of the kingdom great officers and peers of the kingdom of residence who are currently members of the SCA.
- The recommendation of a duly-constituted kingdom court of chivalry
- Documentation of cause for absolute banishment
Administrative Sanctions
Officers may impose Administrative Sanctions within their area of authority, for just and stated causes, only in accordance with the rules defined in their appropriate office handbook or specifically granted to their office in the Governing Documents of the SCA. Sanctioned individuals may be Society members or participants of the SCA’s events or activities. Administrative Sanctions might include, but are not limited to, suspension or removal from office, revocation of authorization, limitations or restrictions on participation, or the removal of a disruptive element from an event by the individual responsible for the event as defined in the appropriate section of Corpora. Officers below the Kingdom level may not impose Administrative Sanctions lasting longer than a single event, practice, meeting, or gathering. Officers at the Kingdom level may not impose Administrative Sanctions lasting longer than the end of their term of office. Officers at all levels may request that their superior officer impose sanctions of longer duration. Nothing in this section is to be construed as interfering with the right of officers at all levels to appoint and remove deputy officers as they see fit. Administrative Sanctions should not be a substitute for appropriate Royal action. This, however, does not preclude an officer from imposing additional appropriate sanctions.
Administrative Sanctions at the local or Kingdom level will be reviewed by the superior officer upon receipt of notification. If a sanction is determined to be without merit or has been unfairly imposed, the sanction will be lifted and the officer that imposed it may be subject to sanctions. A decision may be appealed to the next person up the chain of command, following the appropriate procedures of that office. The Board will not automatically review Administrative Sanctions below the Society level; however, members may appeal an Administrative Sanction to the Board as provided in Corpora I.C.3. If upon appeal the Board determines that a sanction is without merit or has been unfairly imposed, the sanction will be lifted and the officer that imposed it may be subject to sanctions.
Administrative Suspension
The Society Seneschal may, when necessary, or when Royal Sanctions are inappropriate or logistically impractical, impose an Administrative Suspension of Participation on an individual. This precludes the suspended individual from attending any SCA function in any realm. Reasons for this form of sanction might include, but are not limited to, when an individual is under criminal investigation by a modern-era law enforcement agency, when an individual is under investigation for a Revocation and Denial of Membership, or when an individual's behavior or actions profoundly and negatively affect the Society.
The Administrative Suspension of Participation is effective immediately upon proclamation by the Society Seneschal, after consultation with the Crown and Kingdom Seneschal of the applicable Kingdom. The proclamation must include a reasonable duration of some type; for example, six months, the duration of a specific event, until the conclusion of legal proceedings, etc. The duration may not be indefinite. This does not, however, preclude the Society Seneschal from immediately renewing an
Administrative Suspension of Participation, subject to the requirements below.
The Society Seneschal must inform the suspended individual, the Crown and Kingdom Seneschal of the realm of the suspended individual, and the Board of Directors, as to the specific cause and occasion of the suspension. This notification must be made to the individual in writing within ten business days. The suspension should be published in the appropriate Kingdom newsletter in a timely fashion, though publication is not mandatory for the sanction to be effective.
An Administrative Suspension of Participation will be automatically reviewed by the Board at the next regularly scheduled meeting after proclamation. Active suspensions shall be included with the Society Seneschal's quarterly report to the Board for regular review.
If the Board determines a suspension is without merit or has been unfairly imposed, the sanction will be lifted and the Society Seneschal will be subject to sanctions, up to and including immediate dismissal.
Violation of Terms of Sanction
Violation of the terms of a sanction imposed in accordance with the requirements of the governing documents may in itself be considered grounds for further sanction.
Reservations
The Board explicitly reserves to itself the discipline of individuals for actions taken while serving as Sovereign or Consort of a kingdom. However, the Board will not consider appeals against the Crown before the aggrieved parties have attempted to resolve their problem directly with the Crown, and then with the appropriate kingdom and corporate officers.
The Board reserves the right to degrade a person from the Peerage. However, kingdom law may define conditions and procedures under which a recommendation for such action may be made to the Board. Unless stipulated otherwise by the Board, the Board’s decision in such a case applies only to the matter at hand. Nothing prohibits a person who has been degraded from any order of the peerage from being elevated to the peerage at a later date, should the Crown determine that the person in question now meets the requirements of the order to which he is being elevated.
As with Peerages, the Board specifically reserves the right to revoke any Award or Grant of Arms. Kingdom law may make provisions for offering such a recommendation to the Board.
SCA Sanction Guide
Caid history
In 1999, having received a petition from the majority of the Great Officers and Peers of the Kingdom of Caid, as per Corpora, and after appropriate investigation, the Board acted to revoke and deny membership to the 38th King of Caid for a period of 18 months effective immediately. After this time, for a further 18 months, he was prohibited from either fighting or being fought for in any crown or coronets lists, nor hold any office within the SCA. It should be noted that this action by the Board was not unanimous.
The aspect that makes this R&D stand out is that it is the first time that Corpora, which allows for a majority of the Peers of a Kingdom to request an R&D, was ever used. Typically Revocation and Denials result from a Crown issuing an Absolute Banishment (Level 3 Banishment for those of you remembering an even older version of Corpora) - which carries with it a request for an R&D.
His later appeal was unanimously denied. At the end of this 36 month period, the Duke who was the 38th King of Caid became the 52nd King of Caid. Many were hoping to see that this very intelligent, articulate warrior and artisan had matured and grown to fill the part of King. Alas, this was not to be. Many of the same behaviors that plagued him as a young King still remained. After reigns as the 54th and the 56th king of Caid, with no discernable improvement, the populace had had enough. Many in the kingdom wrote letters to the Board. Unrelated to this; he was placed under an Administrative Sanction by the Kingdom Earl Marshall, revoking his fighting authorization within the KEM’s area of authority. The Crown of Caid appealed to the Board to uphold and support this sanction. The Board granted the appeal of the Crown of Caid and permanently revoked his fighting authorization. This was a unanimous decision. Next the Board restricted him from holding any office, fighting, or being fought for in any Crown or Coronet Tourney, or from participating in any martial activities. This too, was unanimous. The Board went even further; next they revoked the Peerage, degraded him from the Order of the Chivalry. This action was not unanimous.
The Board commended the Crown of Caid for making the difficult decision to bring this matter forward and then encouraged them to continue to set a proactive example in their Kingdom.
Then, a year later, for just and stated causes, the Board removed all the SCA ranks, titles, honors, awards and commendations and the privileges thereof, of the 56th King of Caid and then acted to revoke and deny his membership unanimously effective November 19, 2007.
Caid has used Royal Sanctions to protect its people from potentially harmful individuals in other areas as part of the R&D process. Caid has also seen her Officers sanctioned and prohibited from further service by the Board, for just and stated causes using the Uniform Sanction Procedure.
These safeguards exist to protect us, to ensure that no one person through serious misconduct or poor performance of duties can discourage participation in the SCA, or even harm the well-being of the organization itself. Sanctions, however, are ineffectual in and of themselves; they require you as a member to take action. If you believe misconduct is occurring, write a thoughtful, well-reasoned letter to the appropriate officer. Be specific, be objective, and state why you believe the activity you have witnessed is harmful to the kingdom and its people. If you are unsure as to where to send your letter, ask your local seneschal, or your baron and/or baroness; if you can not avail yourself of these resources, than write directly to the kingdom seneschal. Most importantly, write.
