Due Process

Subsection 1: Investigation

For the purposes of this subsection, the terms investigating officer and sentencing officer will be used;

• Investigating officer shall refer to a constituent of the Ethics Committee investigating a particular case.

• Sentencing officer shall refer to a constituent of the Ethics Committee authorized to approve indictments and render punitive penalties.

1. Upon ascertainment of inculpatory evidence, the evidence must be analyzed for all applicable charges afforded by the law. Questions posed by the evidence that are unanswered shall be noted for future questioning of witnesses and the accused, such as:
   a. What were the circumstances or context of the actions observed? (e.g. the events leading up to the investigated actions or the accused’s reasons for their actions)

2. When context, circumstances, and intent are inexplicit from the evidence's face value, testimony is a vital resource for obtaining corroborating information and other details surrounding the case.
   a. It is advised that all witnesses be questioned beforehand to ensure the case is fully realized and understood prior to questioning the accused.

3. When the case has been effectively and finally investigated, the investigating officer shall submit a report to the Ethics Committee for the reading and approval of a sentencing officer.

Subsection 2: Sentencing

For the purpose of this subsection, sentencing guidelines refer to the applicable punishments and range of duration attached in each section of chapters 1 and 2.

1. The Ethics Committee shall sentence an individual only upon an indictment that may pass the test of the courts.
   a. The test of the courts shall refer to a standard in which a given case would most likely be upheld by the Internal Tribunal Department under the possibility of appeal by the accused.

2. The Ethics Committee shall impose sentences usually within the range of sentencing guidelines dictated in the relevant charges. The determined sentence shall be imposed with consideration of the circumstances of the case.
   a. Illegal actions committed with factors of intent, knowledge, or irrational and unreasonable circumstances and context shall increase the appropriate sentence. In some cases where there is illegal intent, knowledge of illegality, and irrational or unreasonable circumstances and context, a sentence that exceeds the sentencing guidelines range is appropriate.
   b. Illegal actions committed without factors of intent, knowledge, or irrational and unreasonable circumstances and context shall decrease the appropriate sentence.
   c. When new personnel are indicted, education shall be prioritized over penalization when there is a lack of intent and knowledge. In this case, a penalty below the sentencing guidelines may be appropriate.

3. The Ethics Committee shall sentence an individual with the highest reprimand in the event that there are multiple charges in the violation report.

4. Stacked charges and penalties shall be prohibited for typical ethical infractions of Chapter 1. This prohibits the following:
   a. Addition of charges in an indictment that is legally supplemental, such as murder and assault being simultaneously charged for the killing of one person.
   b. In indictments with multiple charges, the penalties of the charges will not be added up. The highest penalizing charge will prevail in sentencing.
   c. There shall be exceptions to this rule as follows:
   i. This rule does not apply to high crimes under Chapter 2.

Subsection 1: Written Warning

1. Written warnings are imposed by sentencing officers of the Ethics Committee, typically for minor ethical infractions conducted by staff with none or minimal ethical infractions.

2. All written warnings are logged and remain on record in perpetuity unless appealed.

Subsection 2: Foundation Suspension

1. Foundation suspensions are imposed by sentencing officers of the Ethics Committee for major crimes or repeated minor ethical infractions typically of the same charge.

2. Foundation suspensions must be temporary. Indefinite or permanent clearance suspensions are prohibited.

3. While active, this penalty removes all of the offender's clearance, permissions, responsibilities, and authority. The offender must not serve in any official capacity.

4. All foundation suspensions are logged and remain on record in perpetuity unless appealed.

Subsection 3: Foundation Blacklist

1. Foundation blacklists are imposed by sentencing officers of the Ethics Committee, with the approval of the Ethics Director, typically for high crimes or staff with a consistent criminal record and no apparent intent of correction.

2. Permanent foundation blacklists sought by the Ethics Committee require approval of the O5 Council by an adopted resolution.

3. When imposed, the offender's clearance and positions are revoked and reclassified to Class D. While active, the offender is barred from obtaining clearance or any positions in the Foundation.

a. All clearance and positions lost resulting from the foundation blacklist are not re-obtained upon expiration of the blacklist. They are lost until they are re-obtained through standard means of progression.

4. All foundation blacklists are logged and remain on record in perpetuity unless appealed.

Subsection 4: Administrative Blacklist

1. Administrative Blacklists are imposed by the O5 Council, typically following an investigation and referral by the Audit and Accountability Committee for a high crime or administrative violation.

2. When imposed, the offender’s ranks under the command echelons are revoked. While active, the offender is barred from obtaining any command positions.

a. All positions lost resulting from the administrative blacklist are not re-obtained upon expiration of the blacklist. They are lost until they are re-obtained through standards means of progression.

3. All administrative blacklists are logged and remain on record in perpetuity unless appealed.

Subsection 5: Command Expulsion

1. Command expulsion is imposed by the O5 Council, typically following an investigation and referral by the Audit and Accountability Committee for a high crime or administrative violation.

2. When imposed, the offender’s ranks under the command echelons are revoked.

3. All command expulsions are logged and remain on record in perpetuity unless appealed.