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you are here: > The One Spirit Tribe > Article
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Members |
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| Article 45- Discipline and explusion of Membership | ||
| 45.1 | Membership subject to laws of One Spirit Tribe | |
| Membership to One Spirit Tribe shall be subject at all times to the articles of this Constitition and all approved and valid laws of One Spirit as enacted by virtue of the authority of this Covenant. | ||
| Where a member has been found guilty of one or more breaches of these laws, that member and their immediate Sponsor shall be subject to disciplinary action ranging from loss of certain privileges through to explusion. | ||
| The operation of the laws of One Spirit Tribe in relation to member discipline shall always operate on the principles of the presumption of innocence, the right to fair justice, rules of evidence and the conditional right of appeal. | ||
| 45.2 | Bond of obligation of member and immediate sponsor | |
| By this Covenant, when a man or woman shall be found to have a case to answer in regards to alleged breaches of the laws of One Spirit Tribe, their immediate Sponsor shall also be liable for the same sentence imposed upon the member concerned. | ||
| This bond of obligation is in recognition of a fundamental obligation of good conduct and reference of character that exists between a member and any men or women they introduce immediately as members. | ||
| When a member "sponsors" another man or woman to join as new full members of One Spirit Tribe, they effectively vouch for the character of that man or woman as being reliable. If a man or woman then is not of reliable character, it reflects poorly on the judgment not only of that man or woman, but the member that introduced them. | ||
| A member then must be diligent in ensuring all those whom they introduce strive to the highest ideals and benefit of One Spirit Tribe and do nothing to dishonor the name of One Spirit, nor this Covenant. | ||
| 45.3 | Crimes against One Spirit Tribe | |
| By this Covenant, a crime shall be any act or intended act by an individual or group which willing contravenes this Covenant and covenant and any subsequent laws having been ratified and upheld by the appropriate branches of One Spirit Tribe. | ||
| A member and their immediate sponsor may only face disciplinary action if the action is listed as a crime. By this Covenant, two broad classes of crimes shall exist: | ||
| (i) Crimes explicity listed in this Covenant, which may or may not result in automatic explusion; and | ||
| (ii) Crimes as defined by valid laws enacted and upheld by the appropriate branches of One Spirit Tribe. | ||
| 45.4 | Crimes of Automatic Expulsion | |
| The following are the crimes of automatic exclusion. A member and their immediate sponsor of One Spirit shall automatically be expelled and their membership revoked should any of the following conditions be met: | ||
| (i) A man or woman did deliberately and willingly lie in regards to their essential details of their initial registration as a member of One Spirit Tribe including : name, date of birth, email address and location of residence; | ||
| (ii) A man or woman qualifies as a man or woman automatically excluded from valid Membership under Article 39 of this Covenant, whether or not such facts were known or disclosed at the time of their acceptance as a Member; | ||
| (iii) A conviction for murder, serious violent and/or sexual crime for which the man or woman has shown no remorse and demonstrated no tangible and active acts of contrition; | ||
| (iv) A conviction for the trafficking of child pornography and/or solicitation of a minor for the purpose of sex for which the man or woman has shown no remorse and demonstrated no tangible and active acts of contrition; | ||
| (v) Has deliberately sought to impersonate another man or woman, member of One Spirit, or men and women in the provision of information to One Spirit; | ||
| (vi) Has made a false allegation of a crime of automatic expulsion against one or more fellow Members which had no factual evidence. | ||
| 45.4 | No right to trial or appeal | |
| Unlike all other crimes against One Spirit, a crime of automatic expulsion shall have no right to trial or appeal. This is because all crimes of automatic expulsion are evidence based with no requirement for proof of intention. | ||
| Instead, all cases of crimes of automatic expulsion shall be hearing based by a qualified judge under the article of this Covenant at which a final ruling will be made. | ||
| 45.5 | Penalties of exclusion and expulsion | |
| The following penalties shall apply to where a member has been automatically excluded/expelled upon meeting a condition of automatic expulsion: | ||
| (i) Their name and the name of their sponsor shall be transferred to the Black List as a man or woman expelled from One Spirit Tribe for a period of not more than seven (7) years. After such time, a man or woman may be re-invited to join; | ||
| (ii) The man or woman and their sponsor shall immediately be removed as having permissions or access to any electronic online services, the right to participate in any activity, the right to be known as a member, as well as any rights to access the property of One Spirit; | ||
| (iii) The man or woman and their sponsor shall be stripped of any title and removed from any office held, with such positions being declared immediately vacant ; | ||
| (iv) The man or woman and their sponsor shall be excluded from receiving any services or assistance from One Spirit, or from indirectly receiving any such services or assistance; | ||
| (v) All immediate men and women previously introduced by the sponsor expelled shall be re-allocated in terms of the membership network to the man or woman who sponsored the sponsor. Where a man or woman was sponsored during the Foundation period via Founding Sponsorship, their membership network shall be allocated to the next man or woman with Founding Sponsorship of the same or similar region. | ||
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