Archive:Ombudsman Appeals

Appeals are governed by the following articles of the Charter.

Article 41:Appeals of formal decisions shall be possible when a disputant can show an Appeals Board that either:

1.New information is available; or

2.A technical error was made during the previous formal procedure.

Article 42 •An Appeals Board shall consist of Citizens who were not previously directly involved, as follows:

1.one member appointed by the Editorial Council,

2.one member appointed by the Management Council, and

3.the Ombudsman or his/her designee.

Article 43 An Appeals Board may render one of three decisions:

it may decide that the disputant does not have new information or that the adjudicating council made no technical error and deny a re-hearing;

it may affirm the adjudicating council's decision, in spite of new information or technical error;

or it may recognize that new information, a technical error, or both has placed the adjudicating council's decision in error and remand the case to the adjudicating council for rehearing.

If the case has been remanded for re-hearing, it is expected that the adjudicating council revise its judgment in light of the appeal.

To be clear

Appeals will not be considered merely on the basis that you disagree with a decision, however cogent your arguments and regardless of whether I might agree with you or not. I will not overturn any decision that has been properly made, and is consistent with the Charter, even if I disagree with the decision.