[edited] VATSIM does not Prohibits programs like FsP.

[pagir]

I think Nem is right. Just for fun, this is the Vatsim's procedure to ban someone. Sorry, it's so long it's almost spam (I don't think I will be
moderate for obvious reason )

§6.03 Prohibited Conduct

In addition to the terms set forth in Article VI., §6.02 above, a member of VATSIM.net is subject to removal, temporary suspension, formal
suspension or permanent expulsion from VATSIM.net for prohibited conduct. Prohibited conduct includes, but is not limited to, the
following:

A. The use of the VATSIM.net network by any member or individual to threaten, harass, abuse, intimidate, stalk or to otherwise violate
the legal rights, including rights of privacy and publicity, of other members or individuals logged on to the VATSIM.net network;

B. The use of the VATSIM.net network by any member or individual to publish, post, distribute or disseminate any defamatory,
infringing, obscene, vulgar, profane, or other unlawful material or information;

C. The use of the VATSIM.net network by any member or individual to engage in any action or conduct which blocks, interferes with or
otherwise prevents any other member(s) of VATSIM.net or individuals from logging on to and/or enjoying the VATSIM.net network. This
rule does not apply to administrators, Supervisors or other individuals specifically designated by the VATSIM.net Board of Governors or
this Code of Regulations who are acting within the scope of their authority;

§6.04 Individuals Authorized to Remove and Temporarily Suspend Members from VATSIM.net

A. Individuals Authorized to Remove and Temporarily Suspend: The following individuals are authorized to remove and to temporarily
suspend members from VATSIM.net for violations of Article VI., §§6.02 and 6.03 above:

1. Members of the VATSIM.net Board of Governors, as defined in Article II. of this Code of Regulations;

2. Members of the VATSIM.net Executive Committee, as defined by Article III. of this Code of Regulations;

3. Members of VATSIM.net who hold the rating of administrator;

4. Members of VATSIM.net who hold the rating of Supervisor; and

5. Any other member or individual specifically authorized by the VATSIM.net Board of Governors to remove members from the
VATSIM.net network.

B. Sole Discretion: It is within the sole discretion of the individual authorized by this rule to determine whether the conduct of a member
warrants removal or temporary suspension of said member.

§6.05 Removal of a Member

A member who has been removed, but not temporarily suspended, pursuant to the terms of this Article is not permitted to log back onto
the VATSIM.net network for a period of twenty four (24) hours from the moment of removal. A removed member who violates this rule by
logging back onto the VATSIM.net network prior to the expiration of the twenty four (24) hour period is guilty of a separate infraction which
could result in imposition of a temporary suspension, formal suspension and/or expulsion from VATSIM.net.

§6.06 Temporary Suspension of a Member

A member of VATSIM.net may be temporarily suspended by an authorized individual under Article VI., §6.04 when it is determined by such
authorized individual that the member’s conduct is of a nature which warrants a formal suspension and/or expulsion.

A. Maximum Length of Period of Temporary Suspension: The period of temporary suspension imposed by an authorized individual
under Article VI., §6.04 above may not exceed forty-eight (48) hours in length. In computing time under this rule, the time period shall
commence on the date of the alleged violation.

B. Notification Requirements

1. Individual Imposing Temporary Suspension: The individual who temporarily suspends a member pursuant to authority granted by
Article VI., §6.04 above shall within twenty four (24) hours of the imposition of such temporary suspension file a report with the Vice
President of Conflict Resolution on the VATSIM.net Board of Governors in the form and manner and at the location designated by said
Vice President. At a minimum, this notice shall include the name and certificate number of the temporarily suspended member, the date,
time and location of the alleged violation and a general statement of the nature of the circumstances surrounding the violation.

2. Vice President of Conflict Resolution: Upon receipt of notice of the temporary suspension of a member, the Vice President of
Conflict Resolution on the VATSIM.net Board of Governors or his or her designate shall within twenty four (24) hours notify the suspended
member of the temporary suspension and shall forward the matter to the Divisional Conflict Resolution Manager of the division to which
the temporarily suspended member is assigned. This notice shall include at a minimum, the name and certificate number of the
temporarily suspended member, the name and rating of the individual who temporarily suspended the member, the date, time and
location of the alleged violation and any general statement submitted. In the event that a temporarily suspended member is not
assigned to a specific division, then the notice required by this rule shall be given to the President of the Executive Committee who shall
thereafter direct it to the most appropriate Divisional Conflict Resolution Manager.

3. Upon completion of the notification requirements of this rule, the matter shall thereafter progress in accordance with the rules set
forth in Article VI., §6.07 of this Code of Regulations.

C. Expiration of Period of Temporary Suspension: Upon the expiration of the period of temporary suspension and notwithstanding any
decision to the contrary pursuant to the terms of Article VI., §6.07 below, a member’s privileges shall be fully restored.


§6.07 Formal Suspension and Expulsion Procedures/Rights of Member

This rule sets forth the procedures to be followed prior to the imposition of a formal suspension and/or expulsion of a VATSIM.net
member and the rights of a member during and after such procedures. This rule and the rights contained herein apply once a member
has been temporarily suspended pursuant to the terms of Article VI., §6.06 above.

A. Investigation by the Divisional Conflict Resolution Manager: Pursuant to the terms of §6.06 of this Article and upon imposition of a
temporary suspension, a suspended member’s case shall first be referred to the Divisional Conflict Resolution Manager for the division
to which the member is assigned. In the event that the suspended member is not assigned to a specific division, then the case shall be
assigned to the most appropriate Divisional Conflict Resolution Manager as selected by the President of the Executive Committee. For
purposes of this Article, the Divisional Conflict Resolution Manager shall be hereinafter referred to as the “DCRM”.

1. Initial Notification Requirements of the DCRM: The DCRM shall, upon referral of the matter, send a notice to the accused member
by e-mail which notifies said member of the referral and shall include, at a minimum, the date of the referral to the DCRM, a statement
advising that the accused member has ten (10) days from said referral date to submit written statements to the DCRM, a statement that
the accused member has a right to request, in writing, copies of any written evidence gathered by the DCRM in the course of his or her
investigation and the email address of DCRM along with a statement instructing that any written evidence must be submitted to that
particular e-mail address.

2. Investigation, Written Statements and Other Evidence: The DCRM shall conduct an investigation into the alleged misconduct of the
temporarily suspended member. This investigation shall consist of gathering written statements from the individual recommending
formal suspension or expulsion and any other parties to the alleged incident, including the accused member who has the right to
address the DCRM in writing. Any evidence gathered must be in written form. The accused member has the right, upon written request,
to review all written documents and statements which have been gathered by the DCRM in the course of his or her investigation. The
DCRM shall then review all evidence which has been gathered for the purpose of rendering a decision to either impose a formal
suspension or expulsion of the accused member or to acquit such accused member of the charge(s).

3. Extension of Temporary Suspension Period: The DCRM has the power to extend the temporary suspension period imposed under
Article VI., §6.06 while he or she conducts the investigation into the alleged misconduct of the temporarily suspended member. Under no
circumstances, however, shall any such extension exceed more than thirty (30) days past the date of receipt of referral of the case from
the Vice President of Conflict Resolution on the VATSIM.net Board of Governors or his or her designate.

4. Time: The DCRM must render his or her decision for a particular case within thirty (30) days of receipt of the referral of the matter.
For purposes of this rule, the thirty (30) day period begins on the day of receipt of referral and includes Saturdays, Sundays and legal
holidays. If a final decision is not rendered within the thirty (30) day time period, the case against the accused member shall be
dismissed and may not be refilled under any circumstances.

a. Accused Member’s Evidence: Any evidence which is submitted by the accused member to the
DCRM must be received within ten (10) days of the date of referral. For purposes of this rule, the ten (10) day period begins on the day of
receipt of referral and includes Saturdays, Sundays and legal holidays. The DCRM may, upon good cause shown, extend this time
period.

5. Reaching a Decision: The DCRM shall review all the evidence gathered in his or her investigation and shall then render a decision
to either impose a formal suspension or expulsion of the accused member or to acquit such accused member of the charge(s). If a
finding of guilty is reached, then the DCRM shall impose a penalty which shall be either a formal suspension for a fixed period of time or
permanent expulsion. If a finding of not guilty is reached, then the accused member shall be acquitted and full membership privileges
including rating shall be immediately restored.

a. Penalty: The DCRM has the authority to impose, in his or her sole discretion, any penalty he or
she deems fit in a particular case. These penalties include, but are not limited to:

i. Imposing a formal suspension period of any length including

the time of suspension which has been served by the guilty

member; or

ii. Permanently expelling the member; or

iii. Reducing the rating of the member; or

iv. Any combination of penalties.

In the event of the imposition of a formal suspension, the DCRM shall give credit against the overall suspension for any days served
under a temporary suspension period.

6. Notification of Decision: The DCRM will reduce his or her decision to writing and shall provide it to the Divisional Director, the
Regional Director, the Vice President of Conflict Resolution on the VATSIM.net Board of Governors, the Vice President of Supervisors on
the VATSIM.net Board of Governors and to the member. In the event of a guilty determination, this notice shall also include the date upon
which a determination of guilty was reached and the expiration date of any formal suspension period which has been imposed. The
notice sent by the DCRM to the member shall also include a statement advising that the member has a right to appeal the decision to the
Regional Conflict Resolution Panel which must be exercised within ten (10) days of date of the notice and the e-mail address to which an
appeal must be made. For purposes of this rule, the ten (10) day period begins on the date of the notice and includes Saturdays,
Sundays and legal holidays.

7. Preserving the Record: Any and all written evidence gathered by the DCRM must be preserved for purposes of appeal rights taken
by a guilty member pursuant to the terms of this Article Code of Regulations.

B. Appeal to the Regional Conflict Resolution Panel: A member who receives a formal suspension or expulsion as a result of a DCRM
investigation has the right to appeal such formal suspension or expulsion to the region’s Regional Conflict Resolution Panel, hereinafter
referred to as the “RCRP”. Each of the seven regions which comprise VATSIM shall create one or more RCRPs. In the event that the
suspended or expelled member was not assigned to a division, then the appeal shall be made to the RCRP of the region containing the
division which was assigned the case pursuant to the terms of Article VI., §6.07(A).

1. Timely Appeal: An appeal to the RCRP must be made within ten (10) days of receipt of notice of the decision of Divisional Conflict
Resolution Manager. The appeal must be made in writing to the e-mail address provided in the notification of decision of the Divisional
Conflict Resolution Manager. For purposes of this rule, the ten (10) day period begins on the date of receipt of the decision of the
Divisional Conflict Resolution Manager and includes Saturdays, Sundays and legal holidays. This time period is absolute and may not
be waived under any circumstances with the exception of permanent expulsion in which case the appeal to the RCRP is automatic.

2. Transmittal of Record: Upon receipt of a timely appeal, the RCRP shall order that the record of the Divisional Conflict Resolution
Manager which consists of all written documents used by said individual in reaching his or her decision be transmitted to the RCRP.
The Divisional Conflict Resolution Manager shall immediately transmit said record to the RCRP.

3. Hearing the Appeal: The suspension or expulsion imposed by the Divisional Conflict Resolution Manager shall remain in effect
pending the appeal. The RCRP shall then set a deadline for the member appealing to file any additional written appeal documents with
the RCRP. Such documents may only address why the Divisional Conflict Resolution Manager erred in reaching his or her
determination and cannot include any new evidence which was not presented to the Divisional Conflict Resolution Manager. The RCRP
may extend this deadline for filing additional written documents upon good cause shown. At the close of this time period, the RCRP
shall not accept any additional filings.

4. The RCRP shall review the record from the Divisional Conflict Resolution Manager and any additional written documents filed
pursuant to Article VI. §6.07 (B)(3). The deliberation process shall be private. Upon the conclusion of deliberation, the panel shall
conduct a vote on whether to affirm, overturn or modify the Divisional Conflict Resolution Manager’s decision. A majority of the panel
must vote to either affirm, overturn or modify the lower decision. A modification of the Divisional Conflict Resolution Manager’s decision
cannot result in a greater penalty than that which is the subject of the appeal. Every member of the RCRP shall have one vote and all
votes shall carry the same weight.

5. Time Limit: The RCRP must render a decision on an appeal within thirty (30) days of the filing of a timely appeal.

6. Notification of Decision: The RCRP will reduce its decision to writing which shall include the vote result and provide it to the
Divisional Conflict Resolution Manager, the Divisional Director, the Regional Director, the Vice President of Conflict Resolution on the
VATSIM.net Board of Governors, the Vice President of Supervisors on the VATSIM.net Board of Governors and to the member who
initiated the appeal.

7. Decision of RCRP Final; Exceptions: The decision reached by the RCRP in a member’s case shall be final with no right of appeal
so long as the penalty affirmed does not exceed a formal suspension of ninety (90) days or less. In the event that the penalty affirmed by
the RCRP exceeds ninety (90) days or is permanent expulsion, then the guilty member has a right to make an appeal to the VATSIM.net
Board of Governors pursuant to the terms of Article VI., §6.07 © below.

C. Appeal to the VATSIM.net Board of Governors: In the event that the penalty imposed by the Divisional Conflict Resolution Manager
and affirmed by the RCRP exceeds ninety (90) days, then the guilty member has a right to make an appeal to the VATSIM.net Board of
Governors. If the Divisional Conflict Resolution Manager has imposed a penalty of permanent expulsion which has been affirmed by the
RCRP, then the VATSIM.net Board of Governors must review such penalty on appeal.

1. Timely Appeal: An appeal of a formal suspension in excess of ninety (90) days must be made within ten (10) days of receipt of
notice of the decision of the RCRP. The Appeal must be made to the Vice President of Conflict Resolution on the VATSIM.net Board of
Governors. For purposes of this rule, the ten (10) day period begins on the date of receipt of the decision of the RCRP and includes
Saturdays, Sundays and legal holidays. This time period is absolute and may not be waived under any circumstances with the exception
of permanent expulsion in which case the appeal to the Board of Governors is automatic.

2. Transmittal of Record: Upon receipt of a timely appeal, the Vice President of Conflict Resolution shall order that the record sent to
the RCRP by the Divisional Conflict Resolution Manager along with any other written documents used by said RCRP in reaching its
decision be transmitted to the Board of Governors. The RCRP shall immediately transmit said record to the Vice President of Conflict
Resolution.

3. Assignment of Panel: Upon receipt of the record from the RCRP, the Vice President of Conflict Resolution shall randomly select
from a pool consisting of all members of the Board of Governors, including the President of said Board but excluding the Vice President
of Supervisors, two (2) other individuals. These two other individuals along with the Vice President of Conflict Resolution shall form a
panel which shall hear the appeal. This panel shall examine the record and shall make a determination of whether to hear the appeal or
let stand the decision of the RCRP. In the event of an appeal of a permanent expulsion, the panel must review the decision of the RCRP.

4. No Absolute Right to Have Appeal Heard; Exception: The right possessed by a member found guilty and suspended in excess of
ninety (90) days is only the right to make an appeal to Board of Governors. There is no absolute right to have an appeal heard. It is within
the sole discretion of the VATSIM.net Board of Governors whether to hear an appeal or let stand the conclusions and the judgment of the
RCRP. If the Board of Governors Appeals Panel decides not to hear an appeal and lets stand the conclusions and the judgment of the
RCRP, then said Panel shall notify the RCRP and the member appealing the judgment of the RCRP by email of its decision. The sole
exception to this rule is where a member has been found guilty and has been permanently expelled. Then and only in such
circumstance is there an absolute right of appeal to the Board of Governors Appeals Panel. A penalty of permanent expulsion must be
reviewed by the Board of Governors Appeals Panel and either affirmed, overturned or modified.

5. Hearing the Appeal: A majority of the Board of Governors Appeals Panel must vote to agree to hear the appeal. If it agrees to hear
the appeal, then said Panel shall notify the RCRP and the guilty member appealing the judgment of the RCRP by email of its decision.
The penalty imposed by the Divisional Conflict Resolution Manager and affirmed by the RCRP shall remain in effect pending the appeal.
The Board of Governor’s Appeals Panel shall then set a deadline for the member appealing to file any additional written documents.
Such documents may only address why the RCRP erred in reaching its determination and cannot include any new evidence which was
not presented to the Divisional Conflict Resolution Manager or the RCRP. The Board of Governors Appeals Panel may extend this
deadline for filing additional written documents upon good cause shown. At the close of this time period, the Board of Governors
Appeals Panel shall not accept any additional filings.

6. Deciding the Appeal: The Board of Governors Appeals Panel shall review the record from the RCRP and any additional written
documents filed pursuant to Article VI. §6.07 ©(5). The deliberation process shall be private. Upon the conclusion of deliberation, the
panel shall conduct a vote on whether to affirm, overturn or modify the RCRP’s decision. A majority of the panel must vote to either affirm,
overturn or modify the lower decision. A modification of the RCRP’s decision cannot result in a greater penalty than that which is the
subject of the appeal. Every member of the Board of Governors Appeals Panel shall have one vote and all votes shall carry the same
weight.

7. Time Limit: The Board of Governors Appeals Panel must render a decision on an appeal within sixty (60) days of the filing of a timely
appeal.

8. Notification of Decision: The Board of Governors Appeals Panel will reduce its decision to writing which shall include the vote result
and provide it to the RCRP, the Divisional Conflict Resolution Manager, the Regional Director, the Divisional Director, the Vice President
of Supervisors on the VATSIM.net Board of Governors and to the member who has initiated the appeal.

9. Decision of Board of Governors Appeals Panel Final: The decision reached by the Board of Governors Appeals Panel in a
member’s case shall be final with no right of further appeal.

The procedure is soooo long before permanent ban I can't figure how it happen to your friend, Jetsgo...

Pagir



Post Edited ( 09-14-05 17:29 )