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Guest Matt

Proper Jurisdiction

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Guest Matt

We recently had a Trial Board (Review Board) case against one of members for Conduct unbecoming of a Member. Under our Rules and Regulations it states

"Board of Directors Review. The Board of Directors may review all cases decided by Trial Board. Either party may make a request for such review to the case or by the Board itself. This request must be filed within 45 days." 

In a bullet point just below it also states:

"The Board of Directors may impose a suspension in any case over which it has proper jurisdiction."

Would the Board of Directors Review constitute that they now have jurisdiction over the case?

Any help would be great

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Ultimately, it is up to organizations to interpret their own rules; however, in most disciplinary processes I am aware of that have courts or panels for "review," they are generally understood  to "have jurisdiction" when the matter is properly before them and not someone else. It sounds to me as though the time period during which the Board of Directors has jurisdiction begins when the matter has been "decided" by the Trial Board, and ends 45 days later.

Edited by Greg Goodwiller

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