Archive:Ombudsman Appeals: Difference between revisions
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Appeals are governed by the following articles of the Charter. | |||
''Article 41'':Appeals of formal decisions shall be possible when a disputant can show an Appeals Board that either: | |||
1.New information is available; or | |||
2.A technical error was made during the previous formal procedure. | |||
''Article 42'' •An Appeals Board shall consist of Citizens who were not previously directly involved, as follows: | |||
1.one member appointed by the Editorial Council, | |||
2.one member appointed by the Management Council, and | |||
3.the Ombudsman or his/her designee. | |||
''Article 43'' An Appeals Board may render one of three decisions: it may decide that the disputant does not have new information or that the adjudicating council made no technical error and deny a re-hearing; it may affirm the adjudicating council's decision, in spite of new information or technical error; or it may recognize that new information, a technical error, or both has placed the adjudicating council's decision in error and remand the case to the adjudicating council for rehearing. If the case has been remanded for re-hearing, it is expected that the adjudicating council revise its judgment in light of the appeal. | |||
Revision as of 13:03, 20 October 2010
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Appeals are governed by the following articles of the Charter. Article 41:Appeals of formal decisions shall be possible when a disputant can show an Appeals Board that either:
1.New information is available; or 2.A technical error was made during the previous formal procedure.
Article 42 •An Appeals Board shall consist of Citizens who were not previously directly involved, as follows: 1.one member appointed by the Editorial Council, 2.one member appointed by the Management Council, and 3.the Ombudsman or his/her designee.
Article 43 An Appeals Board may render one of three decisions: it may decide that the disputant does not have new information or that the adjudicating council made no technical error and deny a re-hearing; it may affirm the adjudicating council's decision, in spite of new information or technical error; or it may recognize that new information, a technical error, or both has placed the adjudicating council's decision in error and remand the case to the adjudicating council for rehearing. If the case has been remanded for re-hearing, it is expected that the adjudicating council revise its judgment in light of the appeal.