GENERAL PROVISIONS
Earwigging Any party to a pending grievance, and anyone acting on their behalf, must refrain from directly contacting Board members, members of the Grievance or Hearing Committees, or ARCCA employees to discuss the grievance. This is necessary to uphold the integrity of the grievance proceedings. Recusal A member of the Grievance Committee and a member of the Hearing Committee must recuse themself from any proceedings of the committee in which the Respondent(s) is a member of the committee member’s household, is a member of the committee member’s immediate family as that term is defined in the Second Amended and Restated By-Laws, or where the relationship between the Respondent(s) and the committee member would present the appearance of a conflict of interest or otherwise call into question the impartiality of the committee member or the committee. In the event the member for whom recusal is appropriate fails to voluntarily recuse, the applicable committee may compel recusal by a majority vote of the members in attendance at the hearing, excluding the member for whom recusal is sought. The member for whom recusal is sought shall not vote on the recusal motion. Any member who has been recused, whether voluntarily or by majority vote, is prohibited from participating in the grievance proceedings in any capacity and must physically remove themself from the hearing. Confidentiality The Grievance and Hearing Committees will treat all Grievance material with as much confidentiality as possible, consistent with the need to conduct an adequate investigation and hearing. Hearings of the Grievance and Hearing Committees are not open to the public or to Members not involved in the hearing. Complainants and Respondents are likewise urged to treat the Grievance proceedings with as much confidentiality as possible consistent with the need of Complainants to support their Grievance and of Respondents to defend against the Grievance. Casual discussions of a pending Grievance by a Complainant or Respondent in a social setting have aggravated the situation and have led to additional Grievances. However, Board proceedings in connection with a Grievance are required by statute to be open to all Members and Entity Member Designated Users, so confidentiality cannot be maintained during consideration of a Grievance by the Board. Attorneys Each Complainant and Respondent will be permitted to have an attorney attend the Grievance and Hearing Committee hearings and the Board’s consideration of the Grievance Committee’s recommendations regarding a Grievance. Any attorney participating in such capacity shall deport him/herself in a professional manner; abide by these Rules and rulings of the Chair of the hearing and the President of the Board. An attorney not meeting these requirements may, in the sole discretion of the respective Committee or Board Chair, be excluded from the remainder of the hearing or Board consideration.
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