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Section 5 - Judiciary

5.1 Overview

• The Arbitrator is the chief judicial source of the Rebel Squadrons. Unless otherwise appointed by the RSFC, the Arbitrator’s role and responsibility defaults to the RSXO. The position of Arbitrator exists to resolve complaints that cannot be appropriately resolved through the Chain of Command and to ensure that the principles of the Rebel Squadrons are upheld.

5.2 RS Code of Conduct

• The Arbitrator, with consent of the Fleet Commander, will publish a Code of Conduct that all Rebel Squadrons members are expected to follow. The code is to be made consistent with the values and goals of the Rebel Squadrons. The code may be amended from time to time, and should describe what actions are considered misconduct and what appropriate sanctions there are for these actions.

5.3 Judicial Authority

• The Arbitrator is empowered to enact appropriate sanctions against members below them in the Chain of Command. Such sanctions are only to be made in accordance with the code of conduct published by the Arbitrator.

5.4 Complaints and Jurisdiction

• Any member of the Rebel squadrons may file a formal complaint against another member in regards to a violation of Rebel Squadrons policies, regulations, or the code of conduct. The Arbitrator should only be used if the lowest possible level of the Chain of Command is unable to resolve the problem.
• The Arbitrator is to judge and rule on any case involving any member of the Rebel Squadrons with the exception of the Fleet Commander, and any case involving them personally.
• The Rebel Squadrons judicial system has a small independent Chain of Command, as follows:
• Any complaint against the Arbitrator is to be ruled on by the Fleet Commander.
• Any complaint against the Fleet Commander goes directly to High Command. Complaints brought to High Command are to be decided based on a simple majority vote.
• If an officer, including the Arbitrator, feels they cannot impartially decide a judicial case for any reason, they should refer that case to the next step in the judicial chain of command, ending with HC.

5.5 Investigations

• When a violation is alleged to occur in a formal complaint, an investigation will be conducted by the Arbitrator. The standard sequence of events when a complaint is received is the following:
1. The Arbitrator will determine if they are the appropriate officer to handle the complaint, based on the judicial Chain of Command. If they are, they will accept the complaint; otherwise they will refer the case to the appropriate level.
2. After acceptance or referral, the accuser and the accused will be contacted which serves as confirmation that the case is being investigated, and informs the accused of the charges and individual submitting the complaint.
3. The officer will then conduct an investigation, gather additional evidence, gathers testimony from members who were involved, and reaches a finding. Once a finding has been made, all parties in the case must be notified. If appropriate, the RSFC and High Command will also be notified.
4. The officer will then release a finding and, if appropriate, sanctions against the offending party within a reasonable time frame of receiving a complaint. If there are to be unforeseen delays or a particular case is expected to take more than a week to resolve, the officer should write to all parties on the reason for the delay.

5.6 Appeal

• All members have the right to appeal an unfavorable judicial decision or action against them. Such appeals are made to the next level in the judicial Chain of Command above the officer whose decision is being appealed. This is exhausted only when High Command has ruled on a case.

5.7 Interpretation of the Bylaws

• The Arbitrator shall serve as a resource for High Command and the Fleet Commander regarding the interpretation of the bylaws. When disputes arise on the proper interpretation, the Arbitrator may determine the correct interpretation upon request.

5.8 Confidentiality

• The outcome of any formal complaint is non-confidential and is to be kept in a database maintained by the Arbitrator. Prior to a case’s resolution, discussion and deliberation between an officer investigating or judging a case and any other party is considered privileged and cannot be divulged without the express consent of all parties involved.