Disciplinary and Grievance Proceeding
Section 1. Purposes of the Default System – The success of the New England Law Review depends upon the ability of its members to satisfy its subscribers’ needs for a publication that is both timely and of excellent quality. Membership on the New England Law Review shall, therefore, be conditioned upon the timely completion of all assignments with the utmost care. Members shall also be required to attend all mandatory meetings and activities of the New England Law Review. Additionally, the success of the New England Law Review depends upon the ability of its members to work together and cooperate with one another in a respectful way. Membership on the New England Law Review shall, therefore, be conditioned upon each member conducting himself or herself in a professional manner when interacting with other New England Law Review members during the course of New England Law Review business.
Section 2. Scope of Review. Any member of the New England Law Review who fails to fulfill his or her duties to the New England Law Review may be subject to appropriate sanctions imposed by either the Executive Committee or a majority of the editors at a special meeting. A special meeting shall be convened upon a finding of sufficient cause made by the Grievance Board. The scope of review shall be as follows:
(a) Sanctions may be imposed by a vote of:
(i) a special meeting when the sanction regards a matter that touches and concerns all members of the New England Law Review; or
(ii) a vote of the Executive Committee if the Executive Committee finds good cause or exigency to waive the requirements of this provision. In this event, the affected member or members can submit written petitions in order to convene a Grievance Committee.
(b) If a matter concerns only one member of the New England Law Review, then the matter is directed to the attention of the Executive Committee by the aggrieved member. The Executive Committee will then meet with all parties concerned. Unless one member of the Executive Committee feels that the matter should be referred to the Grievance Board, the Executive Committee will determine what sanction, if any, the situation warrants.
(c) The Editor-in-Chief may either for good cause or exigency impose any authorized sanction.
Section 3. Petition. In order to commence such action against any member, board or committee, a petition must be submitted in writing to the Editor-in-Chief. The petition may be from any member of the New England Law Review and must contain a description of the circumstances prompting the petition which will be sufficient to put the Grievance Board and the respondent parties on notice as to the nature of the complaint.
Section 4. Convening of the Grievance Board. The Editor-in-Chief shall convene the Grievance Board no sooner than five (5) days nor later than ten (10) days after receipt of the petition to sanction.
(a) Attendance at Grievance Board Meetings. Attendance at meetings of the Grievance Board is mandatory and seven members shall constitute a quorum
(i) Should a member of the Grievance Board be unable to attend the meeting called by the Editor-in-Chief, an alternate shall take that member’s place pursuant to Chapter IV, Section 1(d).
(b) Disqualification of Members of Grievance Board. Members of the Grievance Board may be disqualified from hearing a particular matter. In such a case, vacancies shall be filled as provided in Chapter IV, Section 1.
(i) Any Grievance Board member may voluntarily disqualify himself or herself from considering a particular matter.
(ii) Should a member of the Grievance Board be the person against whom the petition to sanction has been filed, or be the individual whose summary action is the subject of the inquiry, that person shall be disqualified.
(iii) Any party may move to have a Grievance Board member disqualified by submitting a written motion to the Editor-in-Chief. If more than one such motion is submitted, each shall be voted upon separately by the Grievance Board.
(iv) The initial hearing on disqualification must be held no later than three (3) days and no earlier than five (5) days before the scheduled meeting of the Grievance Board.
(v) A continuance may be granted upon motion and by majority vote of the Grievance Board. The continued disqualification hearing must take place prior to the scheduled sanction hearing.
(vi) Parties who may be present at the disqualification hearing are members of the Grievance Board, the moving party and the subject of the motion to disqualify.