JAG Constitution

Statement of Purpose

The Alpha Fleet JAG Corps exists to investigate reports of Constitutional violations and actions of the members of Alpha Fleet. The JAG Corps is committed to serving as an independent body and is not the vehicle for personal crusades, old grudges or revenge attempts. The JAG Corps is also committed to serving the best interests of Alpha Fleet and the membership as a whole. While the JAG Corps does serve at the discretion of the Commander-in-Chief and the Command Council it is not a personal weapon to be used by them against political opponents.

Article I - Alpha Fleet JAG Corps Membership

Section I - Statement of Ideal JAG Officer Qualities

I. Candidates must be in good standing with Alpha Fleet (AF) and have no prior convicted JAG offenses.

II. Candidates should be considered trustworthy enough to keep the development of JAG matters to themselves.

III. Candidates should be capable of maintaining a clear and open mind when presented with cases and not bias themselves based on past associations or opinions formed about the people under investigation.

IV. Candidates should have some knowledge or the will to learn new information about different methods of confirming individual identities on the Internet.

Section II - Selection and Composition of the JAG Officer Corps

I. The JAG Corps Commanding Officer (JCO) will submit a list of no less than three (3) names of active members to the Alpha Fleet Command Council (AFCC) for consideration.

II. Should the Command Council affirm any of the candidates, they will be immediately appointed to the post of JAG Officer.

III. In the event that none of the names submitted are approved by the AFCC, the AFCC shall draft a list of no less than three (3) names from whom the JCO shall select one for immediate addition to the JAG Officer Corps.

IV. The JAG Corps shall be composed of five (5) officers with quorum set at three (3) persons. The JAG Corps must have a JCO and JXO appointed at all times, either on a temporary or permanent basis, to ensure that any cases are resolved promptly.

Section III - Selection of JAG Officer Corps on a Temporary Basis

I. In the event of a vacancy in the JAG Corps due to dismissal of a JAG Officer, leave of absence or other circumstance, the Alpha Fleet Commander-in-Chief (AFCnC), Alpha Fleet Deputy Commander-in-Chief (AFDCnC) and/or Alpha Fleet Chief of Staff (AFCoS) may assume the role of a JAG Officer in order for the body to reach quorum.

II. In the event that the case under consideration involves the possibility of the defendant suffering a Maximum Penalty as defined in Article 3 Section II Item V, the AFCnC, AFDCnC and/or AFCoS must be part of the deliberation process.

III. In the event that the case under consideration involves the possibility of the defendant suffering a Maximum Penalty as defined in Article 3 Section II Item V, the size of the JAG Corps shall be increased from five to seven persons with quorum set at five persons. In the event that this number cannot be reached through the appointment of the AFCnC, AFDCnC or AFCoS, the JCO may appoint an Alpha Fleet Taskforce Commanding Officer (TFCO) to the JAG Corps.

IV. In the event that a member or members of the JAG Corps are unable to participate in a case as per Article 1 Section IV Item V they shall be replaced with a temporary member as per Article 1 Section III Item III.

V. All temporary members of the JAG Corps must be eligible as per the requirements outlined in Article 1 Section IV.

Section IV – Requirements of Membership in the JAG Officer Corps

I. JAG Officers are expected to uphold the Alpha Fleet Constitution and remain a Member in Good Standing at all times.

II. JAG Officers are expected to participate in all Case Discussions as laid out in Article 2 Section IV of the Alpha Fleet JAG Constitution and follow all procedures as outlined in Article 2. Participation will be defined as providing constructive input to the proceedings and resolution of a case - simply offering a vote on the subject may not be considered to be adequate participation. Discretion remains with the JCO on the matter.

III. JAG Officers are required to assist the JCO or JXO upon request.

IV. JAG Officers are required to keep all information about a case that has not concluded yet to themselves and only share it with other members of JAG.

V. If a JAG Officer will be away for a period of longer than three (3) days or during a period of ruling on a case they must inform the JAG CO. Posting a general LOA message on the Alpha Fleet Boards is NOT an acceptable method of LOA announcement.

VI. In the event that a JAG Officer is directly involved in a case (they are under investigation, their simm was involved in the case at hand, etc.) they shall be excused from service for the duration of the case.

VII. Use of the JAG as a vehicle for personal vendettas is strictly prohibited. JAG Officers found to be using the JAG for personal means will be censured and face the possibility of removal as per Article 1 Section V.

VIII. A JAG Officer cannot also be serving in the role of AFCnC, AFDCnC or AFCoS with the noted exceptions given in Article 1 Section III.

Section V - Dismissal from the JAG Corps

I. Temporary JAG Officers shall be excused from service at the conclusion of the case they were assigned to.

II. Any JAG Officer found to be in violation of Article I Sections IV or VI by a meeting of the AFCnC, AFDCnC, AFCoS, JCO and JXO shall be removed immediately.

Section VI – In Character (IC) Use of JAG Officers

I. JAG Officers may include their JAG role within their In-Character role-playing with whatever simm(s) they are participating in with the approval of the simm Commanding Officer.

II. JAG roles/personas may be requested by other COs to play on their ships, but the JAG member has the ability to refuse the request.

III. JAG Officers do not have the ability or rights to interrupt a simm and start posting on it without the expressed and written request of the CO. This written permission should be forwarded to the JCO and JXO for the purposes of safekeeping.

IV. Should a member of the JAG be playing their JAG character on a simm where a person under investigation is also playing, under no circumstances can the case be referred to in-character. Should this happen it will constitute a break of the Requirements of Membership as per Section II of the Alpha Fleet JAG Constitution.

V. Being a member of JAG does not give a member special authority over any other member of Alpha Fleet.

VI. Out of Character issues being dealt with should not be related in to In Character developments within simms.

Section VII - Duties of the JAG Corps Commanding Officer (JCO)

I. The JCO is charged with maintaining the JAG Corps and ensuring the smooth flow of information to all JAG Officers as pertains to cases under consideration.

II. The JCO is charged with assuming a lead role in any case investigations brought before the JAG Corps as per Article 2 Section II.

III. The JCO is charged with assuming a lead role in any cases brought before the JAG Corps, either as lead prosecutor or lead defender.

IV. The JCO is granted the power to amend the JAG Constitution with the assent of the JXO and majority approval of the AFCC.

V. The JCO is granted the power to place into effect bylaws for the purposes of maintaining membership in the JAG Corps, smoothing the operation of the JAG Corps or any other purpose deemed necessary. Bylaws may be put into place with the simple assent of the JXO and are subject to review and removal by the AFCC should it be felt that the bylaws are not in the best interest of Alpha Fleet and the JAG Corps.

VI. The JCO is granted the power to overturn bylaws set into place by preceding JCOs should they feel it necessary and with the assent of the JXO.

Section VIII - Duties of the JAG Corps Executive Officer (JXO)

I. The JXO is charged with maintaining a current list of all active members within Alpha Fleet as well as their current standing and past offenses.

II. The JXO is charged with assuming a lead role in any case investigations brought before the JAG Corps as per Article 2 Section II.

III. The JXO is charged with assuming the counter-role to the JCO in any case under consideration as per Article 1 Section VII Item II.

Article II - Creation, Investigation and Proceedings of a Case

Section I - Case Creation

I. Any member of Alpha Fleet may bring a potential case to the attention of the JAG Corps, either via use of the reporting tool on the Alpha Fleet Wiki or via complaint in writing to a JAG Officer or member of the AFCC. The person bringing the case before the JAG Corps shall be known as the Complainant and the person being reported for potential violation of the Alpha Fleet Constitution shall be known as the Defendant.

II. Evidentiary material supporting the potential case must be provided to the JCO directly via written communication. Evidentiary material shall be considered to include, but not be limited to, instant messenger conversation logs, emails or screenshots.

III. No case may be opened should Article 2 Section I Items I and II not be met.

Section II – Case Investigation

I. The JCO will be responsible for taking a leading and active role during an investigation, looking for supporting evidence for one side of the case and assigning the JXO to look for supporting evidence for the opposite side.

II. The JCO and JXO are empowered to enlist the assistance of any and all members of Alpha Fleet during the course of their investigation.

III. Case investigation shall last for an initial period of seven (7) days after which time the JCO and JXO shall meet to determine if they case has merit. Either the JCO or JXO may request an extension of the investigation period.

IV. In the event that it is determined that the case is without merit after the course of the investigation, the Complainant shall be notified in writing and the matter closed.

V. In the event that it is determined that the case is supported by evidence, the matter shall move to a Hearing as per Article 2 Section III.

Section III – Case Hearing

I. The JCO and JXO shall open the hearing by presenting opposing sides to the case. Each side is afforded two (2) days to present their case. Each argument shall include which guidelines of the Alpha Fleet Constitution have been violated as well as any supporting evidence found during the investigation as per Article 2 Section II.

II. Once both arguments have been presented, deliberation by all JAG Officers shall begin. Deliberation shall last an initial term of seven (7) days during which time only JAG Officers and witnesses called by the JCO or JXO are allowed to participate. The discussing of sentencing during the Case Hearing is strictly prohibited. In the event that more time is required, a JAG Officer may make a Motion to Extend Time which must be seconded. A Motion to Extend Time shall grant an additional seven (7) days for deliberation. Only one such motion may be made per case.

III. Any JAG Officer may make a Motion to Close after one (1) day of deliberations. Pending a successful vote on the motion, the case will ruled upon as per Article 2 Section III Item IV. Should the maximum time for deliberation be reached the Motion to Close will be considered to have automatically been called and have passed.

IV. Upon the Motion to Close, JAG Officers shall vote Yay or Nay on the matter of the Defendant's innocence. Should the vote be Nay by majority, the case shall be closed. Should the vote be Yay by majority, the case shall move to a Sentencing Hearing as per Article 2 Section IV.

Section IV – Sentencing Hearing

I. The JCO and JXO shall open the hearing by presenting opposing sides to the case and suggestions as to what they feel would be a fair and necessary punishment sentence. Each side is afforded one (1) day to present their case. Arguments may draw on personal opinion, evidence and past precedent as necessary.

II. Deliberation shall last no more than four (4) days on this matter during which time JAG Officers are permitted to suggest alternative sentences than those given by the JCO and JXO.

III. The matter shall be decided upon a Motion to Close and a quorum vote on the punishment options. In the event that consensus cannot be reached, the matter will be deliberated for a further four (4) days with another vote at the end ruled by a simple majority.

IV. Upon reaching a consensus about the sentence, the JCO will contact the Defendant and inform them of the decision. The Defendant has seven (7) days from the time that they are informed to file a notification of appeal with the JCO, JXO and AFCnC.

V. Two (2) days after filing the notification of appeal, the Defendant must file a written appeal with the JCO, JXO and AFCnC clearly explaining their reason for feeling that the verdict is incorrect and presenting any information that could support their assertion assuming they have not done so already.

VI. Once the appeal has been correctly filed, the AFCC will conduct an independent hearing as outlined in Article 2 Section III and render an independent decision to the Defendant.

Article III - Limitations of JAG Corps Sentences

Section I - Definitions of Offenses

I. Abuse of Authority - When a player (usually a Commanding Officer or higher) makes use of their position to unfairly harass, target or otherwise persecute a member of Alpha Fleet with no justifiable cause. This charge is usually an adjunct to other charges.

II. Conduct Unbecoming of an Officer - When a player fails to remain in good standing with Alpha Fleet, typically because of poor behavior on the Alpha Fleet Forums but possibly also because of poor interpersonal interactions with other members. This charge is usually reserved for those members serving in the role of Commanding Officer on a simm.

III. COPPA Violation - When a player falsifies their age in order to join a simulation, usually being under the age of 13 but in some cases being less than 18 years of age.

IV. Dereliction of Duty - When a player holding a Fleet-level position is absent in the performance of their duties and has failed to correct the behavior despite warnings from the AFCC. This is an OOC offense and cannot be carried into in-character activities.

V. Dissension - When a player engages in whispering campaigns against those in authority with the intent to disrupt the functioning of Alpha Fleet. The scope of this charge can run from conspiring to have someone removed from a position as part of a power play to attempting to coopt the AFCC as a whole. This charge is usually an adjunct to other charges.

VI. Fraud - When a player falsifies information, usually under the guise of receiving it from another member of higher station, and passes the falsified information on as being accurate and correct. The player must be aware that the information being passed is not, in fact, true or accurate. This applies specifically to instances involving the charge of Theft.

VII. Harassment - When a player repeatedly bothers another member of Alpha Fleet with questions, comments or other material despite having been asked to cease and desist previously.

VIII. Slander - When a player attacks another member of the fleet with insulting language and accusations that are unfounded or based purely on speculation. The gravity of this offense is judged by the situation and rests with the JCO and JXO.

IX. Insubordination - When a player refuses to follow the directions of the Commanding Officer of the simm they are participating in. Alternately, this charge can also apply to a player not following the instructions of the moderator/administrator of the board they are posting on (not follow forum rules, etc.).

X. Mutiny - When a player attempts to hijack a simm and seize control of the membership, in effect placing themselves in the role of Commanding Officer. This is typically an OOC offense rather than executing an actual storyline about a mutiny.

XI. Poaching - When a player attempts to recruit for another simming organization via methods including but not limited to mass emails, mass private messages or other mediums. This recruitment effort must entail the player attempting to convince others to enter the service of a non-Alpha Fleet affiliated sim and/or leave the service of Alpha Fleet.

XII. Presumption of Authority - When a player attempts to execute duties within Alpha Fleet as a whole without having been granted the authority to do so (a Simm CO attempting to act as a TFCO, for example).

XIII. Self-Promotion - When a player awards themselves a rank without approval from either the Commanding Officer of their simm, their TFCO (in the event that they are a Simm CO) or the AFCC (in the event that they promote themselves to flag rank).

XIV. Theft - When a site host (usually a Simm CO) makes use of images and/or other intellectual property from another Alpha Fleet Simm without permission from the creator.

XV. Threatening Legal Action – When a player threatens to bring legal action against Alpha Fleet as a response to them not getting their way and instead of following established procedure. This charge almost always warrants Maximum Punishment.

XVI. Use of Hateful Language - When a player makes use of charged language on forum boards directed toward a specific race/nationality/religion/gender/sexual orientation/disability. The qualification of the violation rests with the Sim CO, the JCO and the JXO. This charge almost always warrants Maximum Punishment.

XVII. Conduct Unbecoming of a Flag Officer - When a Flag Officer fails to remain within good standing in Alpha Fleet, usually because of misconduct in a Fleet-level Office. Flag Officers are held to a higher standard and misconduct on their part carries a minimum sentence of demotion from Flag ranks.

XVIII. This list of offenses is not exhaustive nor is it meant to be restricted. It is meant to serve as a guideline for ease of reference during the course of a case investigation as outlined in Article 2 Section II. The JCO reserves the right to modify the Definitions of Offenses at any time in order to better clarify their meaning or to add new classifications should the situation warrant it. The AFCC has the authority to veto any Definitions of Offense at any time.

Section II – Punishment Classifications

I. Warning - The Defendant is issued a written warning from the JCO and JXO explaining the reason that they were investigated, the evidence presented and advising them to refrain from engaging in the same behavior again. This punishment is typically reserved for those who have been accused of an infraction but for which there is little to no hard evidence. Multiple warnings may be issued in later cases, should there be a need. Warnings posted in the JAG Records are noted with an expiration date, after which they are removed unless it is specifically noted otherwise

II. Suspension of Privilege - The Defendant is denied a privilege associated with their membership within Alpha Fleet. Examples include participation in specific simms that they would otherwise have access to, denial of the chance to vote on matters of importance or having their access to the Alpha Fleet Forums limited and/or removed. All suspensions should have a limited duration.

III. Demotion in Rank - The Defendant is dropped in rank by at least one grade. The previous rank is considered permanently lost and can only be regained by a conventional promotion. Any attempts to re-assume the previous rank without promotion will be charged as presumption of authority. This sentence is generally issued to high level officers in the fleet for charges related to conduct unbecoming of an officer.

IV. Command Ban - The Defendant is prohibited from command of a simm within Alpha Fleet. Should they already be in command of a simm, that command shall be terminated immediately and the simm removed from membership status within Alpha Fleet. Command Bans can either last for a specified number of days or remain permanent.

V. Crew Ban - The Defendant is prohibited from participation in any Alpha Fleet simm in any capacity. Crew Bans can either last for a specified number of days or remain permanent.

VI. Fleet Wide Ban - This is also known as Maximum Punishment. The Defendant is prohibited from participation in any Alpha Fleet simm, command of a simm associated with Alpha Fleet and activity on the Alpha Fleet Forums or Wiki.

VII. This list of offenses is not exhaustive nor is it meant to be restricted. It is meant to serve as a guideline for ease of reference during the course of a case investigation as outlined in Article 2 Section II. Additional punishment classifications may only be added with the consent of the AFCnC.