Proposed IAC Change to Banishment

["E.T. Smith" <etsmith@scsn.net>]

Kingdom Seneschal's Note: The following is a letter sent to all Kingdom
Seneschals by Hal Ravn (Wilson H. Heydt, Jr. Chairman of the IAC) for
comments concerning proposed revisions to Corpora regarding banishments. As
a matter of broad interest, I have chosen to ask the populace of Atlantia
for comments, which should be submitted to Mr. Heydt not later than April 1,
1996 for presentation at the April Board of Directors meeting. (As an aside,
I have taken the liberty of editing the text for non-substantive
typographical and syntactical errors.)

Wilson H. Heydt, Jr.
Chairman, IAC
1145 Talbot Ave.
Albany, CA 94706
E-mail: djheydt@uclink.berkeley.edu
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BANISHMENTS
Formal Proposal to the Board
	1. Introduction
This document contains six parts. They are:
	1. Introduction
	2. Precis of existing policy
	3. A general issue
	4. Discussion of proposed changes
	5. Proposed changes to Governing Documents
	6. Full text of revised Governing Documents

This document is a report from the Inter-Kingdom Advisory Council (IAC), a
committee created by the Board of Directors of the SCA, Inc.

This specific report addresses the results of a review of Corpora VI.A.1.h
and VI.A.1.h.1-3 (Banishments). One proposed change will entail a
consistency change to G&PD 10.4 and there is a proposed change to G&PD 10.5.

It is the request of the IAC that this document be considered in its
entirety and that any concerns be referred back to the IAC.

	2. Precis of existing policy
Corpora VI.A.1.h addresses the general subject of banishment by kingdom
Royalty and describes required reporting procedures and administrative
processes. For the complete description, please refer to Corpora.

Corpora VI.A.1.h.1-3 addresses the specifics of the existing types of
banishments, what each type is for, and any additional, level-specific
actions required.

On a philosophical basis, the general requirements provide an administrative
and procedural framework within which banishments are imposed (but not how
they will function).

In detail, a level 1 banishment is meant to keep an individual away from the
more-or-less immediate vicinity of Royal Persons and suspends any office
activity and perquisites of rank only insofar as the activities would cause
interaction with the Royal Persons. No constraints are placed upon the
reason for such a banishment, and general attendance and Society activity
are not impaired.

A level 2 banishment suspends all official activities--but not simple
attendance at events--and removes all perquisites of rank, official duties,
and any activity that has officials running it. This banishment is intended
to deal with SCA-internal rules problems. There is an automatic review
procedure at the corporate level.

A level 3 banishment separates an individual from all SCA activity, must be
associated with a petition for revocation/denial of membership, and is
actually a corporate matter. It is intended to deal with problems external
to the SCA which have occurred within it.

G&PD 10 provides the procedural details for Revocation/Denial of Membership.
Section 4 refers to the Corpora section regarding level 3 banishment as a
cause for Revocation/Denial of Membership. Section 5 covers terms and
conditions of petitions for re-hearing revocation/denial matters.

	3. A general issue

Under the corporate codes that define organizations such as the SCA, Inc.,
the Board of Directors has the ultimate internal authority. Clearly, any
matter may become the subject of a petition to the Board. Equally clearly,
the Board may establish internal rules under which it will generally decline
to heed such petitions.

	4. Discussion of proposed changes

In general, kingdoms should be free to permit internal appeal to
banishments, should they see fit to do so by law or custom.

In general, the currently required secrecy surrounding banishments I seen as
subject for abuse, and revealing the reasons is not seen as a significant
risk of litigation--unless the reasons are malicious or known to be false.
It is, therefore, desirable to open this process to the light of day by
requiring public statement of the reasons for a banishment.

It is the opinion of the IAC that level 2 banishments are a purely kingdom
matter. As such, there should be no appeal to the corporate level. In
addition, it is suggested that the internal kingdom appeal process be
mandated by way of a Court of Inquiry establish under kingdom law and custom.

If there is no automatic appeal, then the threat of sanctions against errant
Royalty under this section is inappropriate. (Note that no such threat is
made in the case of level 3 banishment, which is more severe.)

Level 2 banishment concerns general safety in terms of internal SCA rules to
a single kingdom. As such, safety may transcend a single reign, it should be
possible to make such a banishment extend past the end of a reign, with
suitable safeguards. This level is poorly named and we propose to change it
to "Official Banishment."

There is a major gap in severity between the existing level 2 and level 3
banishments. We propose to fill this gap with a sharply limited banishment
from all Society activity in a single kingdom, with provisions to cover
mundane movement or relocation. This level is properly named "Banishment
from the Realm."

The terms under which revocation/denial of membership take place are
somewhat nebulous. We propose that there be an explicit way to permit
petitions to reconsider in a long-term case at appropriate intervals.

	5. Proposed changes to Governing Documents

Corpora, VI.A.1.h:

Change: "but must not be published in the kingdom newsletter." to "and a
summary of the reasons shall be published in the kingdom newsletter if both
the Crown and the banished party agree to such publication."

After: "...remain in effect." add "All banishments must have an explicitly
stated and published duration."

Change: "three [levels of banishment]" to "four."

Add to end (paragraph): Kingdoms may provide such internal appeals of
banishment as they see fit to do so by Law and Custom. Such additional means
shall not unduly delay any appeals provided under Corpora VI.A.1.h.1-4.
Courts of Inquiry specified under Corpora VI.A.1.h.1-4 will hold open
hearings unless it is the wish of both the Crown and the banished party that
the proceedings be closed. If such proceedings are closed, full transcripts
must be made available to the Crown, the Kingdom Seneschal, the presiding
officer, the banished party, and the Society Seneschal.

Corpora VI.A.1.h.1:

Add to end: "Neither the Board nor any corporate officer will automatically
review a banishment from the Royal presence nor entertain petitions against
Royalty brought solely on that cause."

Corpora VI.A.1.h.2:

Replace all occurrences of "banishment from the realm" with "official
banishment."

Change: "or the reign, whichever is lesser." to "..., a specified period of
time which may not exceed the duration of the full reign of the Crown
imposing the banishment."

Strike: "The Society Seneschal and the Board will automatically review
banishments from the realm."

Strike: "If the Board determines that such a banishment is without merit or
has been unfairly imposed, the banishment will be lifted and the royalty
that imposed it may be subject to sanctions."

Add new paragraphs to end: "An official banishment that does not end at or
prior to the end of the reign of the Crown imposing it may be appealed to
each succeeding Crown, for the duration of the banishment.

"Should a banished person wish it, a Court of Inquiry, organized according
to kingdom Law and Custom, will be convened to hear an appeal. The
requirement to convene such a Court of Inquiry applies only to the initial
appeal of the decision of the Crown and not to appeals to lift an ongoing
banishment to succeeding Crowns. Neither the Board nor any corporate officer
will automatically review an official banishment nor entertain petitions
against Royalty brought solely on that cause."

Corpora VI.A.1.h.3:

Renumber this sections as VI.A.1.h.4 and add a new section VI.A.1.h.3 as
follows:

(3) Banishment from the realm may only be imposed when the person has
endangered public health or safety, disturbed the peace of an event in a
manner which would make it reasonable for the civil authorities to be called
in for assistance, taken such actions as would give the kingdom cause to
bring a tort action, or consistently and repeatedly violated SCA rules in a
dangerous manner over an extended period of time. Banishment from the realm
bars the banished person from attending events entirely, within the realm of
the Crown proclaiming the banishment.

The Crown may supply information to the Crowns of other realms, with a copy
of such notification to the Seneschals of both kingdoms and the Society
Seneschal, if it is deemed likely that the banished person is likely to
participate in other kingdoms. The receiving Crown may extend the banishment
from the realm to Their own realm, but may not extend the total time
involved. An automatic review of the banishment will be made by the Board
Ombudsman for the original kingdom, in concert with the Society Seneschal.

Banishment from the realm may not last for more than ninety (90) days, or
the end of the reign, whichever comes first, and may not be renewed during
any reign unless actions of comparable gravity have occurred, less than
ninety (90) days have elapsed since the initial banishment, or the Board
Ombudsman has specifically failed to act in any way for reasons outside the
control of the Crown. A Court of Inquiry, established according to kingdom
Law and Custom, will be convened with all deliberate speed to establish a
record to aid the Board Ombudsman and the Society Seneschal in their review.

Corpora VI.A.1.h.4 [as renumbered]:

After "...after called in for assistance" add: "..., taken such actions as
would give the kingdom cause to bring a tort action, or been repeatedly
subject to banishment under Corpora VI.A.1.h.3."

Add to end: A Court of Inquiry, established according to kingdom Law and
Custom, will be convened with all deliberate speed to establish a record to
aid the Board and the Society Seneschal in their review.

G&PD 10: Update revision date list to current.

Replace: "VI.A.1.h.3" with "VI.A.1.h.4."

G&PD 10.5:

Add before final period: "..., or such intermediate periods of time as the
Board shall determine and state."

	6. Full text of revised Governing Documents

(Corpora)

VI.A.1

	h. Banishment. Royalty may banish subjects of the realm and visitors
thereto for just and stated cause. Banishment runs from the moment of
proclamation, but a notice shall be published in the next available issue of
the kingdom newsletter if the banishment is to remain in effect. All
banishments must have an explicitly stated and published duration. The cause
of the banishment must be explained to the banished person, and a summary of
the reasons shall be published in the kingdom newsletter if both the Crown
and the banished party agree to such publication. Only royalty are empowered
to impose banishment. For restrictions on banishment by principality
royalty, see VI.A.3.e. The Kingdom Seneschal, Society Seneschal, and Board
ombudsman must be informed as soon as possible about the cause and occasion
of the banishment. There are four levels of banishment, of increasing
stringency, each of which includes the sanctions and reporting provisions of
the preceding ones. Kingdoms may provide such internal appeals of banishment
as they see fit to do so by Law and Custom. Such additional means shall not
unduly delay any appeals provided under Corpora VI.A.1.h.1-4. Courts of
Inquiry specified under Corpora VI.A.1.h.1-4 will hold open hearings unless
it is the wish of both the Crown and the banished party that the proceedings
be closed. If such proceedings are closed, full transcripts must be made
available to the Crown, the Kingdom Seneschal, the presiding officer, the
banished party, and the Society Seneschal.

		(1) 	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 for the duration of
the banishment or the reign, whichever is lesser.

			The sentence of banishment from the royal presence may be applied for any
reason the royalty deems fit, as long as the maintenance of the realm is not
impaired. Neither the Board nor any corporate officer will automatically
review a banishment from the Royal presence nor entertain petitions against
Royalty brought solely on that cause.

		(2)	Official banishment withholds recognition of the banished person's
honors and titles and bars active participation in Society events in that
realm for the duration of the banishment, a specified period of time which
may not exceed the duration of a full reign of the Crown imposing the
banishment. Official banishment 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 or otherwise disrupt
the peace of the event. Such a banishment must be imposed only in response
to serious transgressions against Society rules or standards of behavior at
a Society event or in the course of performing official duties on behalf of
the Society.

			A banishment that does not end at or prior to the end of the reign of the
Crown imposing it may be appealed to each succeeding Crown, once each reign,
for the duration of the banishment.

			Should a banished person wish it, a Court of Inquiry, organized according
to kingdom Law and Custom, will be convened to hear an appeal. Neither the
Board nor any corporate officer will automatically review an official
banishment nor entertain petitions against Royalty brought solely on that cause.

		(3)	Banishment from the realm may only be imposed when the person has
endangered public health or safety, disturbed the peace of an event in a
manner which would make it reasonable for the civil authorities to be called
in for assistance, taken such actions as would give the kingdom cause to
bring a tort action, or consistently and repeatedly violated SCA rules in a
dangerous manner over an extended period of time. Banishment from the realm
bars the banished person from attending events entirely within the realm of
the Crown proclaiming the banishment.

			The Crown may supply information to the Crowns of other realms, with a
copy of such notification to the Seneschals of both kingdoms and the Society
Seneschal, if it is deemed likely that the banished person is likely to
participate in other kingdoms. The receiving Crown may extend the banishment
from the realm to Their own realm, but may not extend the total time involved.

			A specific review of the banishment will be made by the Board Ombudsman
for the originating kingdom in concert with the Society Seneschal. This
banishment may not last for more than ninety (90) days and may not be
renewed during any reign unless actions of comparable gravity have occurred,
less than ninety (90) days have elapsed since the initial banishment, or the
Board Ombudsman has specifically failed to act in any way for reasons
outside the control of the Crown. A Court of Inquiry, established according
to kingdom Law and Custom, will be convened with all deliberate speed to
establish a record to aid the Board Ombudsman and the Society Seneschal in
their review.

		(4)	Absolute banishment may only be imposed when the person has endangered
public health or safety, or disturbed the peace of an event in a manner
which would make it reasonable for the civil authorities to be called in for
assistance, taken such actions as would give the kingdom cause to bring a
tort action, or been repeatedly subject to banishment under Corpora
VI.A.1.h.3. Absolute banishment bars the banished person for attending
events entirely. The report to the Society Seneschal and the Board must be
accompanied by a request for revocation or denial of membership for that
person. A Court of Inquiry, established according to kingdom Law and Custom,
will be convened with all deliberate speed to establish a record to aid the
Board and the Society Seneschal in their review.

(G&PD)

10. REVOCATION/DENIAL OF MEMBERSHIP (August 1985, Rev. October 1989, January
1991, October 1995)

.....

	4. Regardless of how the process is initiated, a revocation or denial of
membership by the Board enforces absolute banishment from all Society events
in all Society kingdoms. (See VI.A.1.h.4 for absolute banishment.)

	5. Such a revocation or denial of membership may be appealed, but such
appeal must be accompanied by new evidence which warrants re-examination by
the Board, or such intermediate periods of time as the Board shall determine
and state.

.....