Part IV, Chapter 3
Part IV, Chapter 3
Pending re-write.
§1. Enforcement Procedure
A. All offenses mentioned within the Criminal Code chapter under the Criminal Law shall be subject to maintenance and punishment by the Ethics Committee.
B. All departments of an individual punished by the Ethics Committee are required to comply with the punishment.
In the scenario of a Class-E suspension punishment, all department commands in which the violator is a member shall prevent the individual from using the department teams or other permissions on-site.
C. The Audit & Accountability Committee has full authority over the High Crimes chapter under the Criminal Law.
§2. Punishment Procedure
A. The purpose of this section is to regulate the execution of punishments that the Ethics Committee may issue. Per the R.E.A.L Act, the Ethics Committee must follow these set procedures:
Notify individuals of their charges and the corresponding sentence duration immediately when a written warning, Foundation suspension, or Foundation blacklist is issued;
The violator must be informed that their punishment may be appealed to the Internal Tribunal Department.
Allow individuals to view evidence used against them upon request;
Describe the summary of events that occurred when the violation(s) took place.
§3. Mitigating Factors
While sentencing the offender, the Sentencing Officer is to account for Mitigating Factors, particularly the fact that the offender:
Is new to the group or experience and lacks proper understanding of the Foundation law;
Has no recorded criminal infractions in the past 12 months;
Only caused minor harm by committing the infraction or lesser harm than that the infraction would usually entail;
Has reported their infraction to the law enforcement authorities and/or has cooperated with the investigation of the infraction; or
Expressed genuine and sincere remorse for committing the infraction.
§4. Aggravating Factors
While sentencing the offender, the Sentencing Officer is to account for Aggravating Factors, particularly the fact that the offender:
Has a history of any prior ethical infractions or has been previously warned for similar conduct.
Has committed the infraction with premeditation;
Misused their authority or the perks of their position to commit the infraction;
Has committed the infraction during an active state of emergency or during a crisis response;
Has committed several counts of the infraction in a short timespan;
Has committed the infraction with another person or as a part of an organized group; or
Has committed the infraction lacking any reasonable objective other than to harass, annoy, or distress other personnel.
§5. Permissible Reprimands
Written Warnings
A. When a written warning is issued, a notice must be sent to the violator explaining the unethicality of their conduct.
Foundation Suspension
A. When a Foundation suspension is issued:
A notice must be sent to the violator explaining the unethicality of their conduct and the corresponding punishment;
The individual must be ranked "Class-E" in the primary Foundation group; and
The individual's access to all department teams must be restricted. Department command must comply with the procedure after the punishment is officially issued and notified to the individual.
Foundation Blacklist
A. When a Foundation blacklist is issued:
A notice must be sent to the violator explaining the unethicality of their conduct and the corresponding punishment;
The individual must be ranked "Class-D" in the primary Foundation group;
The individual's access to all department teams must be removed. Department command must comply with the procedure after the punishment is officially issued and notified to the individual; and
The individual must be blocked from applying for the amount of time that is issued in the blacklist.
B. Permanent Foundation blacklists sought by the Ethics Committee require approval from an O5 Councilor.
§6. Retroactivity of the Code
A. In the scenario of law modifications that are conducted during or momentarily after the processing of a punishment, the most lenient version of the law in regard to sentencing shall be used.