Austin DSA Bylaws

ADDENDUM 2 DEMOCRATIC SOCIALISTS OF AMERICA: UNIFIED GRIEVANCE POLICY

Democratic Socialists of America is committed to creating a space that is welcoming and inclusive to members of all genders, races, and classes. The following policy provides guidelines to ensure that everyone is able to organize without fear of harassment, abuse, or harm.  We further recognize that interpersonal conflict can arise within our organization and manifest itself within and without our political processes. The processes created by this policy are designed to address inappropriate personal conduct by members, and not political conduct which may nevertheless interfere with DSA's core political work.

1. General Provisions

   1. Any investigation or proceeding by any DSA body, including but not limited to a chapter, a chapter steering committee (“SC”), or the National Political Committee (“NPC”), which may result in a member being disciplined by the organization on the basis of their personal conduct, whether permanently, temporarily, or otherwise, must follow the procedures laid out in this policy.

2. Behavior and Conduct.

   1. Prohibited behavior. Members shall not engage in harassment on the basis of sex, gender, gender identity or expression, sexual orientation, physical appearance, disability, race, color, religion, national origin, class, age, or profession. Conduct, such as unwelcome attention, inappropriate or offensive remarks, slurs, or jokes, physical or verbal intimidation, stalking, inappropriate physical contact or proximity, and other verbal and physical conduct constitutes harassment only when one or more of the following occurs:

      1. Submission to such conduct is made either explicitly or implicitly a term or condition of a member’s continued affiliation with DSA;

      2. Submission or rejection of such conduct by an individual is used as the basis for organizational decisions affecting such individual; or,

      3. Such conduct has the purpose or effect of creating a hostile environment interfering with an individual’s capacity to organize within DSA.

         1. A “hostile environment” is created only where the conduct is sufficiently severe or pervasive as to alter the conditions of membership in DSA and create an abusive organizing environment.

         2. Conduct will be presumed “sufficiently severe or pervasive” where a reasonable person would be offended by the conduct.

   2. Member conduct.  Members are expected to abide by the National Code of Conduct, the Meeting Code of Conduct, and any applicable bylaws provisions or code of conduct passed by their local chapter.

   3. Online conduct.  Expectations regarding the conduct of DSA members are enforceable for online behavior, including but not limited to conduct on social media, as well as offline behavior.

3. Harassment/Grievance Officers.

   1. DSA will have harassment/grievance officers (“HGOs”) at both the local and national levels.  HGOs will assist members in making complaints, investigate complaints, report the results of investigations to the appropriate body, and educate members on this policy.

4. Privileges of Membership.  

   1. Members of DSA are vested with the privilege of being treated with fundamental fairness during any investigation or proceeding under this policy.

   2. Specifically, members are entitled:

      1. To notice, in writing, of any allegations made against them.

      2. To an opportunity to respond, in writing, to any allegations made against them.

      3. To have complaints they make or that are made against them investigated by HGOs.

      4. To the confidentiality of information they may share during an investigation or proceeding under this policy, with the understanding that any information provided during an investigation or proceeding under this policy may be shared with the Steering Committee and may be reviewed at the national level.

      5. To a written final adjudication on complaints they make or that are made against them, including factual findings based on evidence, when an outcome is reached.

      6. To appeal final adjudications and/or discipline to which the member is a party and which is adverse to that member to the NPC.  There is no privilege of appeal from any decision of the NPC.

5. National Structures.

   1. National DSA will:

      1. Have and maintain a Committee of Grievance Officers (“CGO”) as described in subsection c of this section.

      2. Have and maintain a National Grievance Panel (“National Grievance Panel”)  as described in subsection d of this section.

   2. Committee of Grievance Officers.  The Committee of Grievance Officers (“CGO”) will work to formalize connections between HGOs in local chapters and in YDSA for the purpose of ongoing skillshares and collaboration, and to provide HGOs support for their work.

      1. Membership on the CGO is open to DSA and YDSA members in good standing who are interested in the harassment and grievance process, able to contribute to the work of the committee, and who are invited by the Steering Committee of the CGO.  Members will be invited on an “as-needed” basis by the Steering Committee of the CGO.

      2. The Steering Committee of the CGO will be composed of one member of the NPC, who shall chair the Steering Committee, up to ten current or former chapter HGOs selected by the NPC, and a representative of the YDSA Chapter Health and Intersectionality Committee  Other members of the NPC may act as non-voting liaisons.  The Steering Committee may recommend candidates for addition to the Steering Committee to the NPC.

      3. The CGO Steering Committee may draft and pass bylaws to govern its work and may, at its discretion, create subcommittees to carry out its work.

      4. The CGO will:

         1. Determine appropriate training requirements for HGOs.

         2. Organize meetings open to all DSA members interested in the grievance process, which may include skillshares, training, and breakout sessions for consultation and mutual support of chapter HGOs.

         3. Seek input from chapter HGOs about existing community accountability and mediation programs, and will provide support to chapter HGOs in developing and implementing such programs.

         4. Develop materials to assist chapter HGOs and, with the assistance of the National Tech Committee (NTC), work to ensure that materials related to the grievance process are accessible by members on the DSA website.  Said materials will include template forms for reporting and responding to complaints and appeals.

         5. Assist the NGP Chairs in conducting an annual survey of chapter HGOs in December of each year.

         6. Review this policy from time to time and draft proposed revisions as necessary.

      5. The CGO chair will:

         1. Work to develop the HGO community by facilitating opportunities and a space for HGOs to discuss chapter situations, seek support and feedback, and review plans of action.

         2. Collaborate with the NGP on training for HGOs.

         3. With the NGP Chairs, maintain a list of chapter HGOs.

         4. Identify and work to develop HGOs in chapters without identified HGOs.

   3. National Grievance Panel.  The National Grievance Panel (“NGP”) consists of DSA’s national HGOs.  The NGP will investigate national complaints and appeals and make recommendations on complaints and appeals to the NPC.

      1. The NGP will consist of a panel of members appointed by the NPC. The NGP will be chaired by two co-chairs, selected from its membership by the NPC.

         1. NGP members will be appointed for two years and will be appointed the January following an NPC election. Additional members may be appointed by the NPC upon recommendation from the NGP chairs.

         2. The roster of all NGP members will be available to DSA members, but which members may be assigned to individual cases will only be known to the chair, the NPC, and other panel members.

         3. Members will be appointed or removed from the NGP only with a supermajority of NPC (12 votes).

         4. Members of the NGP will recuse themselves from any matter under this policy in which they have a conflict of interest, or in which a conflict of interest is likely to arise.  No NGP member will review a matter originating from their local chapter.

      2. The NGP will:

         1. Serve as HGOs at the national level.

         2. Review appeals to the NPC in accordance with this policy.

         3. Investigate complaints made to the NPC in accordance with this policy.

         4. Review requests for national expulsion made to the NPC in accordance with this policy.

         5. Identify complaints and appeals which may require guidance from legal counsel.

         6. Strive for consistency in practice in applying DSA grievance procedures, policies, and provide support for chapters to support chapter-level consistency with those same provisions.

         7. Prepare a report for Convention on the grievance process, up to and including recommendations for revisions.

      3. The NGP chair will:

         1. Monitor the national grievance email address and respond to queries, concerns, complaints, and any other matters, serving as the first point of contact for complaints and appeals at the national level.  The NGP chairs will maintain a national grievance submission and appeal systems, and monitor a national grievance email to accept appeals and receive complaints.

         2. Track the status of national grievances or appeals, triaging grievances/appeals, compiling finalized NGP investigations to present to the NPC, delivering notice of NPC case adjudications to all involved parties, and collecting grievance reports from chapters.

         3. Lead and coordinate meetings of NGP members at minimum monthly.

         4. Assign and manage members of the NGP to investigate complaints made to the NPC and to consider appeals under this policy.

         5. Conduct a review of each case finalized by NGP members before NPC review to ensure consistency in practice and recommended resolutions.

         6. Maintain records of complaints, investigations, expelled members, and other relevant information regarding membership status.

         7. Develop standardized forms for reports, investigations, and procedural recommendations for use by NGP members.

         8. In conjunction with the CGO, provide for training of NGP members and HGOs in best practices, conflict resolution, investigations, mediation, and other practices.

         9. Collaborate with the CGO in the creation of a survey for chapter HGOs, covering reports of harassment, code of conduct violations, and areas that chapters identified need more support from the NGP, CGO, or national DSA to fulfill their obligations under this policy.

6. Local Structures.

   1. Each DSA chapter will:

      1. Have at least one member designated as harassment/grievance officer(s) (“HGO”), who may be elected by membership or appointed by the chapter steering committee, at the chapter’s discretion.  HGOs may not simultaneously be members of the chapter’s Steering Committee.

      2. Chapters with more than one hundred members will have at least two HGOs.

      3. Determine term limits for chapter HGOs and develop methods for removing HGOs for cause.

      4. Establish and monitor an email address to function as a confidential reporting “hotline” that is only accessible by the HGOs.

      5. Maintain forms both for reporting and responding to complaints and grievance appeals.

      6. Determine which HGO(s) will be responsible for each complaint that comes to its attention.

   2. A chapter’s Steering Committee will have sole authority to adjudicate complaints that may come before it as described in this policy.  This will not be construed to abrogate the authority of the NPC as the highest decision making body of DSA between conventions.

   3. Chapters may pass local codes of conduct in accordance with their chapter bylaws.

   4. Unless a chapter’s bylaws state otherwise, the chapter’s Steering Committee will make determinations of member discipline under this policy.  

   5. Chapters will provide the names and email addresses for the HGOs to the NGP Chairs and the Committee of Grievance Officers on an annual basis.

   6. Chapter HGOs and Chapter Steering Committee Members will recuse themselves  from any matter under this policy in which they have a conflict of interest, or in which a conflict of interest is likely to arise.

   7. If a chapter receives a complaint and all HGOs recuse themselves from the matter, the Steering Committee will appoint a member to serve as HGO to address that complaint.

7. Grievances.

   1. Complaints.  Any member that has been harassed by another member or believes another member’s conduct violates an applicable code of conduct or their chapter’s bylaws may make a complaint about the conduct of the other member to a chapter HGO.

      1. A complaint arising from online behavior of a member made by a member of a separate chapter may be made either to the accused member’s chapter HGOs or to the NPC.

      2. Chapter HGOs will maintain and monitor an email address accessible only to the HGOs to receive complaints and other communications regarding complaints.

      3. The NGP Chairs and NGP will maintain and monitor an email address accessible only to the NGP Chairs to receive complaints to the NPC or other national communications regarding complaints.

      4. Complaints will be made in writing, preferably to the applicable HGO email address.

      5. There is no time limit for making a complaint.

      6. Except as provided in subsection i of this section, if a member contacts the NGP Chairs, the NGP, or the NPC regarding a complaint without first having had the matter adjudicated at the local level, their complaint will be referred to the local chapter.  Not having a chapter HGO will not be considered a reason for the NGP and/or NPC to agree to accept a complaint.

   2. Disciplinary Referrals.  Where a member has allegedly violated this policy, any applicable member code of conduct, or other authority, a Steering Committee or HGO may issue a disciplinary referral against a member, which will be made in the same manner as a complaint and will be treated as a complaint under this policy.

   3. Preliminary Procedures.  

      1. Upon receipt of a complaint, the responsible HGO(s) will provide notice of the complaint to the accused member within a reasonable time, ideally within seven (7) days of receiving the complaint.  Notice will include either a copy of the complaint or a summary which includes the specific conduct alleged to have violated this policy, an applicable code of conduct, or other authority.

      2. At any time following the receipt of a complaint, an HGO may notify the Steering Committee of the complaint and request from the Steering Committee temporary discipline as necessary to protect the health and safety of members and the integrity of the organization.

      3. An HGO may recommend that a complaining member and an accused member do not communicate with each other or with specific other persons for the duration of the grievance process.

      4. With consent of the complaining member and the accused member, an HGO may refer a matter for alternative dispute resolution where appropriate.

      5. Once notified, the accused member will have seven (7) days to respond to the complaint.  If the accused member requests additional time to respond, it should be freely given, but in no circumstances will the accused member be given more than fourteen (14) days to respond unless extraordinary circumstances justify the delay.

      6. If an accused member fails to timely respond or request additional time, the HGO will recommend the Steering Committee take appropriate disciplinary action.

      7. If an accused party denies the substance of the complaint, the HGO will conduct an investigation under Section 7(d) of this policy.

      8. At any stage of a process under this policy, an accused member may name another member as an advisor or support person, provided the named member agrees to serve as advisor or support person. The advisor or support person may be any member who is not otherwise a party involved in the incident or a witness to the conduct stated in the complaint.

         1. The advisor or support person’s role is to provide guidance and/or emotional support, and may not speak on behalf of a member or disrupt any meeting or proceedings in any manner.

         2. Advisors or support persons may be excluded from participation if they fail to adhere to restrictions outlined here.

         3. Conduct by an advisor or support person which constitutes retaliation under Section 11 of this policy will be the subject of a separate complaint under this policy.

   4. Investigation.  An HGO may investigate a complaint by interviewing people with direct knowledge of the substance of the complaint, requesting appropriate documentation from the complaining member, accused member, or other person in possession of relevant documents or by any and all other necessary means.

      1. An HGO will complete the investigation in a reasonable time, ideally within ten (10) days of receiving the accused member’s written response.

   5. Report.  Following investigation, the HGO will create a report determining whether the complaint is credible, whether the alleged conduct violates this policy, and whether the alleged conduct more likely than not occurred.

      1. Grievance reports are confidential and will not be disseminated outside of the HGOs, the Steering Committee, the complaining member, and the accused member.

      2. A report may contain disciplinary recommendations to the Steering Committee.

      3. Reports will be transmitted to the Steering Committee, the complaining member, and the accused member in a timely fashion. Grievance reports are ideally transmitted within thirty (30) days of the complaint being filed.  If an HGO requires more than sixty (60) days to complete the report, the HGO must communicate the need for additional time to the Steering Committee, the complaining member, and the accused member.

   6. Adjudication.  The Steering Committee has sole decision making authority as to whether conduct more likely than not occurred and whether conduct violated this policy.  The Steering Committee has authority to determine matters of member discipline under this policy, in accordance with any applicable bylaws.

      1. The Steering Committee will follow processes described in the chapter  bylaws in adjudicating a complaint, provided those bylaws provisions do not contradict this policy.

      2. Each complaint will be assessed on a case-by-case basis by the Steering Committee

      3. To adjudicate a complaint, the Steering Committee will determine:

         1. Whether the alleged conduct more likely than not occurred;

         2. Whether the conduct violated this policy or an applicable chapter policy; and,

         3. Whether the accused member’s conduct warrants discipline.

      4. The Steering Committee will make all necessary decisions on complaints in a timely fashion, not to exceed thirty (30) days from the receipt of the HGO’s report.

      5. The Steering Committee will not delegate its decision on adjudications or discipline to any committee, subcommittee, or person; provided, however, that a chapter’s bylaws may require certain disciplinary matters to be considered by a chapter meeting.

      6. The adjudication of a grievance will be in writing, and will contain findings based on the HGO report and any other evidence considered by the Steering Committee.

      7. The Steering Committee will notify the complaining member, the accused member, and the HGOs of any adjudication and of the right to an appeal within three (3) days of a decision.  This communication will include a copy of the written adjudication.

8. Discipline.  

   1. The Steering Committee has authority to issue both temporary and final remedies during any processes under this policy.  Chapters also have authority to issue final remedies during processes under this policy according to their bylaws.

   2. Temporary Discipline.  Upon notice of a complaint to the Steering Committee by an HGO, at request of the HGO or on its own, the Steering Committee may issue a temporary remedy as necessary to protect the health and welfare of members and the integrity of the organization.

      1. No temporary discipline will continue beyond the adjudication of the complaint.

      2. No temporary discipline will continue beyond one hundred and twenty (120) days from the date the member was notified of the temporary discipline, unless extended by the NPC.

      3. Nothing in this policy should be construed to limit the Steering Committee from removing members from online spaces as temporary discipline.  The Steering Committee may delegate the authority to remove members from online spaces to moderators at its discretion.

   3. Final Discipline.  A final remedy will only be issued following adjudication of the complaint where the Steering Committee determines that the conduct more likely than not occurred, that the conduct violated this policy or an applicable chapter policy, and that the accused member’s conduct warrants discipline.

      1. If a local chapter has established suspension or expulsion procedures, the Steering Committee is authorized to enforce these remedies and penalties in accordance with those procedures.

      2. If the local chapter does not have established suspension or expulsion procedures, they will adopt the procedures outlined in Article III, Section 4 of the DSA Constitution and Article I, Section 3 of DSA bylaws, substituting the NPC majority required with a Steering Committee majority.

   4. Determinations.  In determining temporary or final discipline, the following will be considered:

      1. The request of the complaining member.

      2. The facts of the case and the severity of the offense.

      3. The response of the accused member.

      4. Any history of relevant behavior by the accused member.

      5. The recommendation of the HGO.

   5. Time. All decisions regarding member discipline determined by the Steering Committee will be made within thirty (30) days of the receipt of the HGO’s report.  Determinations of member discipline by a chapter meeting, where permitted or required by a chapter’s bylaws, will be made within forty-five (45) days of the receipt of the report at a special meeting called specifically for that purpose.

   6. Remedies.  Remedies may include:

      1. A formal discussion between the disciplined member and the Steering Committee to develop a plan to change the offending behavior(s).

      2. Censure of the disciplined member.

      3. Suspension from committee meetings and other organizational events.

      4. Removal from committees.

      5. Removal from shared resources or communications platforms.

      6. Suspension from DSA.

         1. No suspension from a DSA will be effective for a period longer than three (3) years.

         2. A member’s suspension may contain conditions for re-integration at the end of the suspension period.

      7. Expulsion from DSA.

         1. Expulsion from a chapter is treated immediately as a full suspension and immediately forwarded up to the NGP to begin the national expulsion process.

         2. NGP will review the expulsion notes and proceedings to ensure expulsions are for conduct and not politically related expulsions before forwarding to the NPC. The NPC will address requests for national expulsion as a complaint under this policy.

      8. Any combination of remedies deemed appropriate.

      9. Any and all other relief deemed necessary and just by the Steering Committee or the chapter.

9. Appeals.  

   1. Right to Appeal.  A complaining member, an accused member, or a chapter HGO may appeal a chapter Steering Committee’s adjudication to the NPC.  An adjudication by the NPC may not be appealed.

   2. Appeal of Temporary Discipline.  Temporary discipline pending the outcome of a grievance decision is not appealable until the final adjudication of the complaint or the expiration of one hundred twenty (120) days from the date the member was notified of the temporary discipline, whichever is sooner.

   3. Grounds.  The limited grounds for appeal are:

      1. The behavior did not violate this policy.

      2. Procedural errors, misconduct, or conflicts of interest affected the fairness of the outcome.  Error that did not affect the fairness of the outcome will not warrant the overturning of an adjudication.

      3. The discipline determined by Steering was grossly disproportionate to the conduct.

   4. Time.  There is no specific time limit for the filing of an appeal; however, the NPC may choose to reject as moot an appeal which does not have an ongoing impact on a member’s status.

   5. Form.  An appeal to the NPC will be initiated by contacting the NGP Chairs, who will provide the party with the appropriate appeal forms, which will then be referred to the NGP.

   6. Determination.  The NPC has sole and ultimate decision-making authority on all appeals.  The NGP may assist the NPC in reviewing grievance appeals and making recommendations to the NPC.  Decisions of the NPC are not appealable.

   7. Remedies.  The NPC may affirm or reverse a chapter Steering Committee’s adjudication and/or a chapter Steering Committee’s decision on member discipline, in whole or in part.  Chapters are bound by the NPC’s decision on an appeal.  The NPC may also choose to remand an appeal to the chapter for further action.  Upon remand, chapters are obligated to follow the recommendations of the NPC.

10. Confidentiality.  

    1. General Policy.  The grievance process under this policy is confidential.  However, DSA leaders can often find themselves in difficult situations where they are trying to build trust with their comrades through transparency, but are fearful of disclosing private information.  DSA leadership and HGOs will follow this  guidance to protect the confidentiality of members:

       1. A complaining member will not be silenced.  HGOs can explain that maintaining confidentiality may help expedite the investigation, preserve the integrity of the process, and de-escalate conflict. A complaining member who agrees to confidentiality should understand that the confidentiality request is only for the period of the investigation.

       2. Accused members will not be punished for making a good-faith effort to produce evidence for the consideration of HGOs and/or the Steering Committee.  Communications regarding a complaint that violate any temporary discipline of a member and/or an HGO’s recommendations under Section 7(c)(iii) of this policy (if any) will not be considered as being in good-faith.

       3. Accused members will not be punished for seeking advice or emotional support from a person they designate as an advisor or support person under this policy.

       4. Anyone involved in the investigation, including the complaining member and the accused member, must understand that disclosure of information regarding the complaint can escalate conflict.  Escalation of conflict by a complaining member, an accused member, or a third-party may constitute retaliation under this policy.

       5. HGOs and chapter leaders will refrain from conveying any information provided to them in confidence without the express permission of the party who gave them that information, except as necessary to effect the adjudication of the complaint.

       6. Chapters and Steering Committees will keep grievance deliberations confidential and discuss such matters only in executive session.  All votes must be a matter of record.

       7. In order to prevent additional harm and/or the spreading of misinformation, chapter leaders will work with the NGP before releasing information about a complaint at the chapter level.  A chapter is not in any way restricted from confirming or denying a person’s membership status to members.

       8. The NPC, NGP Chairs, and NGP will abide by these confidentiality requirements.

       9. Chapter leadership and HGOs will work through the NGP Chairs and the NGP and not contact the NPC directly about grievance matters. Chapters and/or parties are not permitted to “lobby” the NPC about their desired outcome on appeal, and efforts to do so may be considered retaliation.

       10. When the Steering Committee has adjudicated a  grievance matter, the ruling will be privately conveyed to the parties in a manner that ensures the safety of survivors and fairness to the accused.

    2. The NGP Chairs and staff responsible for maintaining membership records will maintain a list of expelled members. A chapter may inquire if a specific individual has been expelled and is ineligible for membership, and the NGP Chairs or National staff will ONLY confirm or deny that specific individual’s presence on the list. Requests for additional information may be made to the NPC through the NGP.  Chapters will not be provided access to additional information regarding expelled members unless the NPC determines that a particular chapter request merits an exception.

    3. No confidential grievance information will be disclosed to law enforcement or any party to a civil lawsuit without a valid and enforceable subpoena requesting said information.  Any HGO or chapter receiving a subpoena or informal request for information or evidence from anyone outside of the parties or in relation to any legal, judicial, administrative or other kind of action should contact the NGP Chairs immediately.

11. Retaliation.  

    1. Retaliation prohibited.  Retaliation for making a complaint or assisting a member in making a complaint under this policy is prohibited. Retaliation against HGOs for investigating and reporting complaints is prohibited.  Retaliation against Steering Committee members for adjudicating complaints and/or making decisions on member discipline is prohibited.

    2. If any party to the complaint, HGO, or Steering Committee member believes there has been retaliation, they should inform the HGO, who will treat the allegation of retaliatory conduct as a separate complaint under this policy.

    3. The following behaviors may be considered retaliatory and will be considered the subject of a new complaint involving any person(s) engaged in retaliatory conduct:

       1. Intentionally exposing confidential information outside of the grievance process in a manner calculated to target the complaining member, the accused member and/or other individuals involved in the process.

       2. Filing complaints under this policy in bad faith with no merit against individuals they want to be suspended or expelled for political or personal reasons, or to invoke confidentiality where none is warranted.

       3. Organizing to avoid accountability among friends, supporters, and others inside and outside DSA to foster support and degenerate the grievance process and/or to enlist support from outside organizations.

       4. Publicly disparaging a  complaining member or others involved in the investigation by directly and/or indirectly targeting participants with profanity, slurs, or other language prohibited by this policy.

       5. Vigilantism/self-help measures that include public shaming, contacting employers, community groups, family members, and romantic/relationship partners, and other harmful public actions.

       6. Escalation of conflict while the grievance is pending by using social media, personal contacts, publications, organizing efforts, social networks, or any other way that results in an escalation of the conflict.

       7. Manipulating chapter election processes to unfairly prevent parties involved in grievances from assuming leadership positions.

       8. Failing to reveal a conflict of interest or failure to recuse by those involved in investigation or decision-making with regard to a complaint, including HGOs who do not reveal actual conflicts of interest and/or do not recuse themselves from matters where such a conflict is likely to arise.

       9. Taking other adverse action against those involved in the process, including piling on additional work for people in leadership positions to make them look bad, and subjecting them to continuing retaliation as described above for the way they conducted the investigation and/or decisions which impacted the grievance outcome.

    4. Retaliation reported during the grievance process is treated as a separate complaint, but evidence of retaliatory conduct may be considered by the NPC as part of any decision on appeal..

    5. Refusal by the chapter to implement a final appeal ruling may be considered retaliation.  The NPC may also take action against chapter leadership to ensure its decisions are honored.

12. Alternative Dispute Resolution.  

    1. Use of Alternative Dispute Resolution.  In certain circumstances, an alternative dispute resolution based on restorative practices and the principles of transformative justice may be preferable to a formal investigation and adjudication of a complaint.  Where the complaining member and accused member agree and the HGO determines there is no risk of further harm from communication between the parties, an HGO may recommend that the complaint be referred for alternative dispute resolution under this section.

    2. Nothing in this policy should be construed as limiting the use of Alternative Dispute Resolution or other informal practices to resolve conflict where no complaint has been filed.

    3. Chapters will work to ensure that local bylaws, codes of conduct, and policies permit restorative practices, mediation, and/or other transformative remedies.

    4. All alternative dispute resolution is voluntary and no alternative dispute resolution may be imposed upon the parties.

    5. Alternative dispute resolution will only be used where the complaining member is demonstrably comfortable with that approach and the accused member is ready to acknowledge responsibility for the harm caused.

    6. Alternative dispute resolution may include:

       1. Mediation.

       2. Talking or Discussion Circles.

       3. Requesting a training from national committees

       4. Other restorative practices.

    7. Any information shared as part of an alternative dispute resolution is subject to the same confidentiality as information shared during an investigation.

    8. An HGO will report the outcome of any alternative dispute resolution to the Steering Committee, whether successful or unsuccessful.

    9. If an HGO refers a matter for alternative dispute resolution and the resolution is unsuccessful, the HGO will investigate according to the terms of this policy and make the appropriate report to the Steering Committee.

13. Political Discipline

    1. Expulsion of a member under the above policies and processes constitutes a “conduct expulsion,” or a finding that the member engaged in “undemocratic, disruptive behavior,” permitting expulsion under the second criterion of Article I, Section 3 of DSA’s Bylaws.

    2. A “political expulsion” is defined as an expulsion on the basis of the first criterion of Article I, Section 3 of DSA’s Bylaws, “substantial disagreement with the principles or policies of the organization.”

    3. With the exception of Article 13, no article of this policy applies to political expulsions or to any other disciplinary processes for which the subject is the political rather than personal conduct of the accused.

    4. With the exception of Article 13, this policy may not be used to adjudicate a political expulsion, nor may it be used to apply other discipline to a member on the basis of political disagreement or otherwise adjudicate political disagreement between DSA members.

    5. DSA’s political decision-making bodies, namely the National Political Committee, chapter Steering Committees, chapter general bodies, and the National Convention, have sole authority over political expulsions.

       1. A member expelled on political grounds may appeal their expulsion. Political expulsion by a chapter Steering Committee may be appealed to the chapter general body. Political expulsion by a chapter general body may be appealed to the National Political Committee. Political expulsion by the National Political Committee may be appealed to the National Convention.

       2. Members facing political expulsion must receive specific written notice of the charges against them and must be given the opportunity to be heard before the body responsible for adjudicating the charges.

       3. HGOs and bodies which are primarily responsible for components of the grievance process, such as the NGP and CGO, have no role in the investigation or adjudication of a member’s political conduct.

    6. There is a general policy of transparency for all political disciplinary processes. The pertinent political information used to justify any political expulsion must be disclosed to the general membership.