Can Mentors Impose Infractions for Personal Offenses?

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In summary, The PF policy on mentors imposing infraction points for offensiveness against them follows the principle of natural justice, which states that a person cannot be a judge in their own cause. This means that if a mentor is insulted, they cannot issue an infraction and another mentor must handle the situation. This policy is a fundamental principle of private law in the UK and Canada, but it is unclear if it is also followed in the USA. The entire staff has the ability to view all infractions issued and if there are any objections, the infraction may be reversed. However, clear violations of the posting guidelines do not require a second opinion and may result in an immediate infraction. It may also be common for a mentor to
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tiny-tim
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What is PF policy on mentors imposing infraction points for offensiveness against them?

Natural justice normally requires that nobody should be a judge in his own cause … see http://en.wikipedia.org/wiki/Natural_justice
A person who makes a decision should be unbiased and act in good faith. He therefore can not be one of the parties in the case, or have an interest in the outcome. This is expressed in the Latin maxim, nemo iudex in causa sua: "no man is permitted to be judge in his own cause"

This a fundamental principle of private law in the UK, and also I believe in Canada … I don't know about the USA.

Accordingly one would expect that if a mentor is insulted, s/he would report it in the usual way, and another mentor would deal with it.

Is that PF policy?

If not, shouldn't it be?
 
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The entire staff can view all infractions issued. If there any objections, the infraction might be reversed.

Also, clear violations of the posting guidelines require no second opinons. If the call is somewhat subjective, often a mentor will post a question asking for opinions.
 

1. What does "Nemo iudex in causa sua" mean?

"Nemo iudex in causa sua" is a Latin phrase that translates to "no one should be a judge in their own cause." It is a legal principle that states that a person should not judge a case in which they have a personal interest or stake.

2. How is "Nemo iudex in causa sua" applied in the legal system?

In the legal system, "Nemo iudex in causa sua" is applied in cases where there is a potential conflict of interest. It requires that judges and decision-makers recuse themselves from cases in which they have a personal interest or bias, in order to ensure a fair and impartial judgement.

3. Is "Nemo iudex in causa sua" a universal principle?

Yes, "Nemo iudex in causa sua" is considered a universal principle of justice and is recognized in many legal systems around the world. It is based on the idea of natural justice and the need for impartiality in legal proceedings.

4. What is the origin of the principle "Nemo iudex in causa sua"?

The principle "Nemo iudex in causa sua" has its origins in Roman law and was later adopted by many European legal systems. It is also reflected in the English common law principle of "nemo debet esse iudex in propria causa," meaning "no one should be a judge in their own cause."

5. Can "Nemo iudex in causa sua" be waived?

In some cases, "Nemo iudex in causa sua" can be waived if all parties involved in the case agree to it. However, it is generally considered a fundamental principle of justice and is not easily waived. In situations where the conflict of interest cannot be avoided, a neutral third party may be appointed to ensure a fair judgement.

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