Article VI: adjudication procedures

  1. Anyone wishing to initiate a formal complaint may do so by sending SIX copies of the charges, in writing, to the Chair of the Educational Development and Practices Committee. The complaint must:
    1. Indicate the specific section(s) of the Code allegedly violated.
    2. Name the person(s) charged with the alleged violation(s).
    3. Indicate the factual circumstances and events associated with the alleged violation(s).
    4. Include all necessary supporting documents which would constitute, at least, a prima facie case that there is a reason to believe that a violation of the Code may have occurred.
    5. Include the addresses and phone numbers of the person making the complaint.
  2. The Educational Development and Practices Committee, upon receipt of SIX copies of the charges, will inform, in writing, the person charged with an alleged code violation. The person(s) charged will have 30 days to respond to the charges. The person charged will be informed of the nature and extent of the charges against him/her. The person charged may supply any relevant information in his/her defense in regard to the charges. SIX copies of any material supplied should be sent to the Chair of Educational Development and Practices Committee.
  3. Once all materials are gathered, the Educational Development and Practices Committee members will independently review the case and determine if there is reason to believe that a code violation has occurred.
    1. If the Educational Development and Practices Committee agrees, by majority vote, that there is insufficient proof of a violation, the charges will be declared dropped and all parties to the dispute informed.
    2. If the Educational Development and Practices Committee agrees, by majority vote, that there is sufficient evidence to support the charges made, the Chair of the Educational Development and Practices Committee will inform all parties of this fact and will schedule a formal hearing involving the members of the Educational Development and Practices Committee, the accused and the person bringing the complaint. The location of this hearing will be determined by the Chair of the Educational Development and Practices Committee, with the location being as convenient as possible to all parties. The hearing shall occur as soon as it can be feasibly scheduled, and shall be electronically recorded. The accused will have the right to make an oral defense at the hearing, and can be represented by legal counsel if desired. The complainant will have the same rights. At the conclusion of the hearing, the Educational Development and Practices Committee will vote on the charges. At least a 4-1 vote is required to convict the accused of a Code violation. Following the verdict of guilty, the Educational Development and Practices Committee will determine the penalties to be imposed in accordance with Article VII of the Code. A majority vote will be required to impose penalties.
  4. The accused may appeal both the verdict and the penalties determined by the Educational Development and Practices Committee.
    1. The appeal will be made to the President of the AFA, who will appoint a special three-person appeal board composed of impartial members of AFA.
    2. The appeal board will review all documents gathered by the Educational Development and Practices Committee, and will also listen to electronic recordings of the formal hearings. The recordings shall remain with the archives of the AFA.
    3. The appeal board may gather any additional information it deems necessary to judge the case from any of the parties (the accused, the complainant, or the Educational Development and Practices Committee).
    4. The accused and the complainant have the right to present an oral argument to the appeal board. If so desired, the appeal board will set up a convenient method for allowing either the accused or the complainant to address it. The accused and the complainant have the right to counsel in these instances.
    5. A majority vote of the appeal board is necessary to overturn the Educational Development and Practices Committee's actions.