An appeal is a formal process by which a member who has been found guilty of an offense by the Committee on Membership and sanctioned by a Removal from Corporate Office, a Temporary Suspension of Membership, or an Expulsion from Membership may request a rehearing of his or her case. The actual rehearing is called an Appeal Hearing.
Appeals to the decision of the Committee on Membership must be made within 10 days of the date of the Committee’s final decision. The effects of the Committee’s decision (including removal from office or membership) shall be in force until the date the Appeal Hearing is decided. Valid reasons to request an appeal might include receiving invalid evidence by the Committee on Membership; inconsistency in applying the statements within this Manual to the accused party; bias by one or more members of the Committee; failure to hear pertinent testimony; or other reasons.
Appeals will be reviewed by an Appeals Committee, which will consist of two EMNR Board Members and one General Member, none of whom may have been on the Committee on Membership which heard the case of the appellant. The members of the Appeals Committee are chosen by the Board at its annual meeting, or may be revised by the Board in an emergency session (via telephone conference call) in the event that one of the Appeals Committee members is unsuitable or biased in the case.
The Appeal Hearing must occur within 40 days of the decision of the Committee on Membership; it may last no longer than 8 consecutive hours; its location will be determined by the Appeals Committee. All evidence gathered by the Committee on Membership shall be turned over to the Appeals Committee, which shall review the case prior to the hearing. The appellant should send additional documentation (if any) to the Appeals Committee by mail as early as possible. At the Appeals Hearing, the appellant may bring up to three additional witnesses to appear in person.
The decision of the Appeals Committee must be rendered within 24 hours of the hearing, by unanimous consensus. Failure to achieve a unanimous consensus will result in a reversal of the decision of the Committee on Membership. The written decision of the Appeals Committee will be promptly conveyed in person or by mail to the appellant.
Because appeals are very likely to be an expensive drain on the resources of EMNR (and potentially could be used frivolously by someone justly expelled with very clear evidence), the location of the Appeal Hearing will be at a place convenient to the Appeals Committee. The Appellant may appear in person or by proxy, with or without the additional witnesses. If the Appeals Committee finds in favor of the appellant or fails to reach a consensus verdict against him, the appellant will be fully reimbursed for his flight and food expenses, and one night’s lodging for himself (or his proxy), out of the EMNR general operating fund. Additional witnesses brought by the appellant, if any, will pay their travel expenses out of pocket.