When the investigation is complete, the Judicial Officer will decide whether or not to charge you.
No Formal Charge
If the Judicial Officer (JO) determines there is insufficient evidence to support a formal charge (or sufficient evidence to support the allegations but falls short of rising to the level of a disciplinary matter), the JO will inform you in writing of the decision not to charge. Typical reasons for this decision may include
- Your explanation and/or the evidence you provided the JO persuaded the reporting party and/or JO that no violation occurred.
- There is insufficient obtainable or available evidence to warrant further investigation.
- In cases involving an alleged Fundamental Standard violation, the concern does not rise to the level of misconduct contemplated by the Charter in terms of past policy and practice.
When the Reporting Party Disagrees with the Decision
Please remember that if the reporting party disagrees with the JO’s no-charge decision, they may request an Evidentiary Hearing which means that a Judicial Panel will review the evidence and decide whether to uphold the JO’s decision or to instruct the JO to file a charge.
If the JO determines there is sufficient evidence to warrant a charge, you will receive a formal letter outlining the alleged violation and the evidence on which the JO based the determination; the letter will also note the anticipated witnesses and, if known, the date of the hearing. You will be asked to meet with the JO and the JA (at least once jointly for a pre-hearing session) to prepare for the hearing.