View source for Caid Investigations and Sanctions FAQ 6/5/23

Caid Investigations and Sanctions FAQ
(FINAL 6/5/23 Jason Williams; Duke John ap Gwyndaf of Holdingford, KSCA, OL)
 
=Why this FAQ?=
When investigations and sanctions occur, they can naturally create anxiety and unease. There’s a lot of urban myth and inaccurate perceptions surrounding sanctions and investigations. This FAQ aims to clear up the most common of these. 

The information covered here is by no means exhaustive. You are encouraged to contact your local seneschal or the Kingdom Seneschal (or deputies) if you have any questions. You may also want to review the Society’s Governing Documents, policies and procedures if you want specific detail (relevant links below). 

NOTE: this FAQ is intended to be informational only; in the event of any conflicts or inaccuracies, Kingdom and Society documents take precedence.

=Why are there investigations?=
Investigations are initiated to help give certain entities (the Kingdom Seneschal, Crown, Society Seneschal and/or Board of Directors) a clearer picture of the circumstances surrounding a sanction or potential sanction. Investigators gather and verify information, fill in missing information, get all sides of the story, and determine what, if any, SCA rules were violated. 

There are instances where an investigation is not required, such as an arrest, provable conviction of serious or violent crime, presence on a sex offender list, name-calling, clear berating, hate speech on social media or clear violations of SCA or site rules. 

NOTE: In instances where a known or suspected violation of modern law has taken place, this should be reported to the appropriate modern authorities immediately, followed by informing the Seneschal’s Office. The SCA will cooperate with modern lawenforcement authorities, which may mean suspending or canceling any active SCA investigations.

=How is an investigation initiated?=
Complaints must be made in writing (snail mail, hand delivered or via email) to the Kingdom Seneschal’s Office. They must contain specifics about what took place: who, what, where, when and how; saying, “Lord Hopscotch was mean to me” is not specific enough. Texts, social media messages, etc. are not considered official channels for complaints. Anonymous communications are not accepted and email with no identifier of the sender other than an email address will be considered anonymous. Complainants may maintain confidentiality, but completely anonymous complaints cannot be properly investigated. Complaints must come from the parties involved (i.e.: a third party cannot make a complaint or initiate an investigation, with the exception that a parent may file a complaint on behalf of their minor child). 

NOTE: filing a complaint should NEVER be a substitute for contacting the modern authorities when suspected criminal acts have occurred.

=What happens during an investigation?=
If the Kingdom or Society Seneschal determine an investigation is necessary, they will appoint an investigator. Investigators should be: uninvolved in the issue, in no way close to any of the major parties, well-respected, remain neutral, able to complete the investigation in a timely manner, able to prepare a thorough report, and have familiarity with Society investigation rules. An investigator must maintain confidentiality and may not discuss the issues with uninvolved parties. They are not on any party’s “side.” They do not determine what actions should be taken; they only report on the information found and if any SCA rules were broken. 

Complainants and subjects will be informed of an investigator’s involvement and the subject of the investigation will receive enough information to understand the allegation without divulging the name(s) of complainant(s). Nobody is required to take part in an investigation, but it is their best chance to tell their side of the story. The investigator will make 2-3 attempts to interview the complainant, subject, witnesses and any other relevant parties to collect their statements. These interviews may be conducted in person, over the phone or via email, and are always performed separately. 

Interviewees will receive enough information to understand their role in the investigation and are entitled to review their statements for accuracy. However, interviewees are not permitted to see other parties’ statements or know who the other interviewees are. 

When the investigator’s report is complete, it becomes the confidential property of the SCA, and is not shared with any of the interviewees. The complainant and subject will be informed that the investigation is complete, and then the Kingdom Seneschal, relevant Kingdom officers, Crown (and possibly the Society Seneschal and Board of Directors in the case of Society sanctions), will review and decide if action needs to be taken or not. The complainant and subject will be informed of the results and next steps, if any.

=What if I, or someone close to me, is part of an investigation?=
While it is natural to want to discuss investigations, all involved parties and those close to them should refrain from discussing the matter (even with significant others).“Campaigning” for or against an individual involved in an investigation does not help either party. Any of these actions could hamper the investigation, breach confidentiality, create embarrassment for one or more of the parties, and spread gossip. This also has the potential to result in separate sanctions for those engaging in such behavior.

=Why do we have sanctions in the SCA and what are the causes for them?=
Unfortunately, there are times when individuals may have violated the published rules and policies of the SCA, Kingdom law, or modern law. In addition, behavior that places the SCA or another participant at substantial risk may also warrant a sanction.

When this happens, sanctions protect the SCA and participants by removing from, or limiting the participation of, an individual who has violated one or more of the above. 
Specific examples of a reason for sanctions include, but are not limited to: 
*Harassment or bullying of other member(s) 
*Financial misconduct 
*Sexual misconduct 
*Hate speech 
*An arrest for, or a conviction of a serious/violent crime 
*Behavior at an event that could have resulted in a call to modern authorities 
*Egregious violations of the Rules of the Lists 

=What kind of sanctions are there, and who can impose them?=
There are three categories of sanctions in the SCA (some with subcategories). Depending on the kind of sanction(s), the authority to impose them rests with a different individual(s). Each of these carries many more details (such as notificationprocedures, limitations, etc.); the below are simple summaries.

==Administrative Actions and Sanctions==
*Suspension of an officer – the Crown or the superior officer may suspend an officer from their duties for stated cause, not to exceed the duration of the Reign (if imposed by the Crown) or 90 days (if imposed by the superior officer) 
*Removal from office of a warranted Kingdom officer (or deputy) – the Crown and either the Kingdom-level superior officer or the Societylevel superior officer may permanently remove an officer or deputy from their position. 
*Other administrative actions – Kingdom officers, in consultation with the Crown or appropriate Society officer, may take actions including, but not limited to, temporary removal of authorization or permission to participate in certain aspects of SCA activity. 
	
==Kingdom Sanctions==
*Banishment from the Royal Presence – for the duration of Their Reign, the Crown (for events Sovereign and/or Consort attend) may prevent an individual from: attending Court or meetings (including Peerage meetings), entering the Royal encampment, being within 50 feet of the Crown or contacting the Crown in any way.
*Exile from the Kingdom – the Crown may preclude an individual from participating in any SCA activity (including Kingdom-controlled social/electronic media) within Their Kingdom. Participation in other Kingdoms is not precluded. This terminates at the conclusion of the reign. A subsequent Crown can impose an Exile on the individual, but this can only be done for a total of two reigns. 
*Temporary removal from participation in the SCA (sometimes referred to as “TRP”) – the Crown and Kingdom Seneschal (in consultation with the Society Seneschal) may preclude an individual from attendance or participation in any manner at any SCA activity, event, practice, or official gathering for any reason, at any time. This includes a ban on participation in SCA social/electronic media. This sanction remains in effect until the SCA’s Board of Directors makes a final decision on the sanction, which can include additional sanctions. 

==Society Sanctions==
*Emergency temporary removal from participation in the SCA – the Society Seneschal (with approval from the Chairman of the Board and in consultation with the Crown and/or Kingdom Seneschal of the applicable Kingdom) may preclude an individual’s participation in any SCA activity as outlined in the temporary removal from participation above. This sanction remains in effect until the SCA’s Board of Directors makes a final decision on the sanction, which can include additional sanctions.
*Revocation of membership and denial of participation (sometimes referred to as “R&D”) – the SCA’s Board of Directors (in consultation with the Society Seneschal) may permanently preclude an individual’s participation in any SCA activity as outlined in the temporary/emergency removal from participation above. 
*Other society-level sanctions – The SCA’s Board of Directors (in consultation with the Society Seneschal) may impose other sanctions on an individual, including, but not limited to, degradation from peerage(s), banning from holding office, banning from participating in Crown or Coronet tournaments, etc. These sanctions can be permanent or have a time limit.

=Wait. But what about modern laws and “due process?”=
First, it must be stated that no part of the investigation or sanction process supersedes or replaces the role of modern law enforcement entities. If modern laws are allegedly broken, it is the responsibility of the seneschal in charge or event organizer to contact authorities immediately. 

While the SCA has governing documents, policies and procedures in place to ensure fairness, it is still a private organization. The SCA must follow its own rules when conducting investigations and imposing sanctions, but is not required to maintain the same standard of due process expected in the modern justice system.

=Can investigations and sanctions results be appealed?=
Yes. If a kingdom decides that a complaint is not actionable, the complainant has the right of appeal to the Kingdom or Society Seneschal. If a sanction is imposed by the Kingdom or Society, the sanctioned individual has the right to an appeal to the SCA’s Board of Directors. The Kingdom Seneschal’s office can explain the appeals process, or it can be found in the Sanctions Procedures and Policies Manual. 

A statute of limitations does not currently exist for appeals, but the passage of time muddies memories and makes further meaningful investigation difficult, so it isadvised to file appeals while things are relatively fresh.

=It feels like a star chamber sometimes. Why aren’t more details shared with the populace?=
The SCA and Kingdom strive for transparency whenever possible. However, there are some considerations that must take precedence over the desire to make everything an open book. These include, but are not limited to: protecting the privacy of complainants and subjects, protecting the privacy of minors, compliance with modern legal investigations or court orders.

=Where can I review the most current sanctions and information?=
The most current versions of the SCA’s various governing documents may be found at the links below:
*Complete SCA document library - https://www.sca.org/resources/document-library/
*Seneschal’s Handbook - https://www.sca.org/wp-content/uploads/2021/09/Seneschal-Handbook-0421.pdf
*Investigator’s Guide - https://www.sca.org/wp-content/uploads/2021/01/InvestigatorsGuide.pdf
*Sanctions Procedures and Policies Manual - https://www.sca.org/news/sanctions-procedures-and-policies/
*Conduct and Behavior Policies - https://www.sca.org/conduct-behavior-in-the-sca/
*Organizational Handbook (SCA Governing Documents) - https://www.sca.org/wp-content/uploads/2019/12/govdocs.pdf

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