Covenant

The Dark Covenant details the systems and proceedings within the Brotherhood of Dark Jedi. It serves as a guide to the members in the knowledge of our basic structure and shows them the way to our policies and procedures. The Covenant is the written authority that establishes the basic organization, the powers and limits of the leaders, and the rights of the membership.

Origins

The Dark Covenant (Original) was written by Telaris “Mav” Cantor and posted on the Brotherhood's message boards – it was merely the “Bylaws” or rules that the club would abide by. When Grand Master Firefox stepped down from his position, he made soon-to-be Grand Master Jac Cotelin promise to set up a process for the removal and appointment of Grand Masters. This was the beginning of the Dark Covenant project – which slowly grew until it encompassed every aspect of the Brotherhood, as our own Constitution.

The Covenant is the basic heart of the club – it lays the framework for all of our operations. It took more than a year to develop, with many members contributing to the numerous drafts that circulated during the two major revisions and countless minor ones. The constant arguments and debates which took place were a clear demonstration of our members eagerness to ensure the future success of this club.

Some members might not realize how rare and special the Dark Covenant is. No other online club has such a detailed and solid framework, no other club outlines the rights of it's members and actively seeks to protect them. Many of you don't remember, or didn't know at all, the situation under the Emperor's Hammer - but the word of the leaders there could be summed up in one word: absolute. That was what we left to escape - the absolute rule without regard to the membership. That's what this Covenant was created to cure.

On December 16, 2005 – the Dark Covenant was officially and unanimously ratified by the Dark Council. Since then it has served brilliantly as the guiding document of our Brotherhood, and shown it's flexibility through the numerous amendments listed in the section below. The Brotherhood has always been successful because of it's members and the work they are willing to do – the Dark Covenant is the culmination of the work done by all, and it ensures that these efforts will not be wasted.

FAQ

Certain portions of the Dark Covenant can be confusing to read due to complicated language, lack of an adequate knowledge base, or simply lack of time to fully read and comprehend the entire document. Questions that are often sent to the Justicar have been posted here with answers. If you have another question concerning the Covenant, please post it in the "Discussion" tab for this page and the Justicar will answer it ASAP.

Executive/Judicial Actions?

• What is the difference between “executive” and “judicial” actions?

If you are reading the Covenant you will find these terms in sections 3.01(c) and 4.01(b), but the meaning may be unclear. Basically this is trying to define the separation between actions which are the responsibility of the Grand Master, and those which fall to the Chamber of Justice. The Grand Master is seen as the “executive” of the Brotherhood, and therefore is charged with all the administrative tasks involved with running the club (hiring/firing leaders, introducing new projects, etc). The Chamber of Justice is charged with maintaining the rules of the Brotherhood, but does not take part in administration. Oftentimes these two areas may almost overlap – for example if a leader is found guilty during a trial, the Justicar will issue a punishment, and he may think the member should be removed from his leadership position. However hiring and firing leaders is an executive action, so the Justicar would have to go to the Grand Master and make his recommendation, and the Grand Master would decide. It works the same way for actions which are primarily judicial in nature – the Grand Master defers to the decisions of the Justicar.

GM Limits?

• Is the Grand Master limited to powers given to him in the Covenant?

In the past members have thought that the Dark Covenant limits what the Grand Master can do to only those tasks specifically outlined in the document. However, as section 3.01(b) indicates, any authority which is not specifically given in the Covenant is automatically given to the Grand Master. Therefore the Grand Master has the authority to do anything he wishes that is not specifically denied to him in the Covenant.

Prosecuting the GM?

• How can a Grand Master be prosecuted for violating the rules?

Section 3.03 deals with the process of indicting a Grand Master, that is, charging him with a crime and removing him from his position. The process looks fairly complicated but is actually pretty simple. Basically there are four main steps:

1) The Charge - Someone brings forth a charge against the GM, the JST investigates and determines merit, as in any other case. If he approves (or if the DC overrules his disapproval) it moves onto the next step.

2) Vote of Remand - The Dark Council or Star Chamber decides whether the charge warrants a trial - if either of them decide it does, the case moves onto the next step.

3) Trial of Peers - A jury of twelve members, lead by the Justicar as judge, determines the guilt or innocence of the GM.

4) Vote of Condemnation - After the GM has been found guilty and all appeals exhausted, the Dark Council and Star Chamber initiate a vote of condemnation. This vote is used to decide whether the charges should result in the removal of the GM, or simply standard punishments. Either 3/4 of the Dark Council have to vote to condemn, or the Star Chamber may decide he is to be condemned (lose his position).

Amendment History

1st Amendments

Approved: 7/20/06

• Added "Introduction"

• Added to Section 1.1a: "The Covenant is the written authority that establishes the basic organization, the powers and limits of the leaders, and the rights of the membership."

• Added to Section 1.2a: "...with prior and appropriate notification made to the Dark Council."

• Removed Article IX "The Brethren"

• Made Article II "The Brethren" moved the "Rights of the Brethren".

• Moved "Rights of the Accused" to Section 8.02

• Added Plagiarism and Rites of Combat to Section 8.06

2nd Amendments

Approved: 1/14/07

• Added Statute of Limitations and clarified adjudication process, did so by addition of following into 8.03:

“To begin the process of adjudication, a member must submit a formal complaint to the Chamber of Justice. The complaint must indicate the parties to the action, must give a brief statement of the facts, and must clearly delineate that the member requires formal action from the Chamber of Justice rather than other action such as mediation. Sufficient for the last requirement are phrases such as "I present a formal complaint," "I officially request action be taken," or an email subject of "Formal Complaint against XXXXX."”

“Statute of Limitations: All complaints must be received within three months of the underlying event or else they will be dismissed as time-barred. If the complaint is derived from a series of events, the three month time period will begin tolling from the last known event.”

“Once a complaint is submitted, the member's rights in that complaint shall not expire until a full conclusion of the case through trial, settlement or dismissal. The Justicar must give the complaining member notice of the finality of the case.”

“The Justicar, the Grand Master or a Hand of Justice, upon receiving a formal complaint, may attempt to mediate the dispute to arrive at a settlement. Attempted mediation does not bar the member from continuing the adjudication under their complaint if mediation fails. At the end of a successful mediation the Justicar may ask for a withdrawal of the complaint or, if three months have passed since the end of mediation without any further inquiries by the complaining member, the Justicar may dismiss the complaint himself.”

3rd Amendments

Approved: 2/5/07

• Changes to appointment voting and covenant amendment process

• Added new section 1.05 (Voting), containing the following:

"Any vote required by this Covenant must be preceded by a 48-hour discussion period. During the discussion period, the voting members are free to ask any questions they may have, state any concerns or opinions, , or ask to see the other applications for comparison."

"Unfilled positions are not tallied in the voting totals in any fashion. If a position is empty, the total number of votes needed to pass a measure is reduced by one."

"Members are free to abstain from voting. Should a member abstain from voting, the required number of votes to pass the measure is not reduced."

"The provisions of this section do not apply to any of the voting procedures used within the Chamber of Justice, its juries or the appeals panel."

• Changed section 1.02a to disallow Grand Master's ability to freely amend voting (1.05) and rights of the accused (8.02) sections

• Changed section 1.02d, added sections 1.05 and 8.02 to the list of articles requiring a three-fourths Dark Council vote for amending

4th Amendments

Approved: 2/21/07

• Reorganized Section 8.03 "Process of Adjudication" to better reflect actual process

• Added to 8.03: "In addition, the Chamber has its own investigatory and complaint powers. The Chamber may proceed with its own investigation and complaint at its own discretion without the need for a member submission."

• Reworded process in by which charges are prepared: "If the Chamber finds merit to the claim, the case will be pursued. The Justicar or the Right Hand of Justice will prepare the slate of charges against the accused. Prior to giving his final approval, the Justicar will present the charges to the complaining party, if applicable, and the Grand Master for comments. Once a final slate of charges is approved by the Justicar, it will be sent to the appropriate parties to the case."

• Reworded summary of charges, plea, and trial type: "The Chamber of Justice must issue a summary of charges to the accused, and offers the accused the opportunity to enter a plea of innocence or guilt. If they plead innocent, the Chamber of Justice initiates either Trial by Justicar or Trial by Jury, as outlined in the following sections. If they plead guilty, the Justicar imposes a sentence."

• Added trial by Justicar requirement: "For all trials in which the proposed penalty is a one-grade Equite or Elder demotion, a two-grade Journeyman demotion, a Letter of Reprimand, one year probation, or a combination of the above, the Justicar, with the advice of his Hands, will determine the guilt or innocence of the accused."

• Added trial by jury requirement: "For all other charges, the accused shall choose between Trial by Justicar or Trial by Jury to weigh evidence and determine guilt or innocence."

• Added a required public posting of Chamber of Justice Communique: "Upon conclusion of the trial, the Justicar shall post the results in a Chamber of Justice Communique. This Communique shall contain a summary of the trial, the result, and the Justicar's opinion. For cases decided by Justicar, this opinion shall contain official explanation for the Chamber's decision. For cases decided by jury, it will contain the reasons for the specific sentence and any other comments the Chamber wishes to include."

• Modified record keeping requirements: "The Chamber of Justice shall keep records on the members for use in cases of repeat offenses. In addition, the Justicar is responsible for archiving and protecting all Chamber information for future reference."

• Updated information for warbanners, lightsabers, and robes:

"7.03.a Members are entitled to a Warbanner upon reaching the appropriate rank"
"7.03.b Members are entitled to own a lightsaber at the appropriate rank, and to customize the saber at higher ranks."
"7.03.c Members are entitled to own a set of robes, and the ability to choose from options based upon their rank."

5th Amendment

Approved: 4/20/07

• Added tampering with evidence rule to section 8.06: "Tampering with Evidence: No member, under any circumstances, will forge, alter or otherwise tamper with evidence to be used in any executive or judicial decision-making process."

6th Amendments

Approved: 7/2/07

• Reworded many subsections in 8.06 "Articles of Conduct and Reprimand"

• Added this clarification to 8.06, "The term “Brotherhood proceeding,” as used in this section refers to actions taken under this Covenant, including, but not limited to, any executive action by the Grand Master, any action by the Dark Council, or any judicial action by the Chamber of Justice."

• Updated wording discrimination rule in section 8.06: "Discrimination: No member shall discriminate against another member in regards to promotions, medal awards, praise and acknowledgment, or positions on the basis of real-life political affiliation, gender, race, creed, heritage, nationality or sexual orientation."

• Changed "sexual harassment" to new "sexual favors" rule in section 8.06: "Sexual Favors: No member shall accept, promote or solicit sexual favors in exchange for elevation, award, citation, or other honor."

• Updated wording for crude behavior rule in section 8.06: "Crude Behavior: No member shall engage in crude behavior in any mode of communication. Crude behavior includes, but is not limited to: the excessive use of swear words; provocative speech; excessive sexual discussions; and unabated insults toward another’s real-life political affiliation, nationality, gender, race, creed, heritage, or sexual orientation."

• Removed Dereliction of Duty statute from section 8.06

• Updated Abuse of Power rule: "Abuse of Power in section 8.06: No member shall use their position, rank, tenure or any other membership status to unfairly benefit themselves or others with rewards or promotions; or to unfairly influence any Brotherhood proceeding."

• Updated Verbal abuse rule: "Verbal Abuse in section 8.06: No member shall engage in the excessive verbal abuse of another, including, but not limited to: insults regarding a member’s real-life political affiliation, gender, race, creed, heritage, nationality or sexual orientation; character assassination; or unjust use of Brotherhood resources to attack another through defamatory statements."

• Updated disreputable behavior rule in section 8.06: "Disreputable Behavior: No member shall partake in any action that brings disrepute onto themselves, the Brotherhood as a whole, or any Clan, House, Battle Team, or individual member. Actions include those done by a member, either within or outside traditional Brotherhood activities and communication channels, that reflect on the above parties, such as: treason, acts to sabotage, stealing of property, or any conduct forbidden by these articles."

• Updated cheating rule: "Cheating in section 8.06: No member shall willfully or knowingly exploit, abuse, or otherwise tamper with official game play or official activity in the form of competitions, tests, or other activities."

• Updated cloning rule in section 8.06: "Cloning: No member, without prior approval of the Justicar, shall have more than one persona in a single household. Any offense committed by such an unauthorized clone shall be attributed to the original member. Matching IP addresses create a presumption of cloning that can only be rebutted by evidence beyond a reasonable doubt that two people exist."

• Updated plagiarism rule in section 8.06: "Plagiarism: No member shall submit any plagiarized work as his own or fail to give appropriate credit to the author of any work."

• Updated Rites of Combat statement in section 8.06: "Rites of Combat: The Rites of Combat govern the conduct for all Gaming Competitions. Every article of conduct listed herein still applies."

• Updated tampering with evidence rule in section 8.06: "Tampering with Evidence: No member shall forge, alter or otherwise tamper with evidence to be used in any Brotherhood proceeding."

• Added false statements statute in section 8.06: "False Statements: No member shall make false statements with the intent to change the outcome of a Brotherhood proceeding."

• Added harassment statute in section 8.06: "Harassment: No member shall engage in persistent harassment or torment, or outrageous attacks on any other member. This includes statements and actions taken to attack a member’s real-life political affiliation, family or significant other, gender, race, creed, heritage, nationality or sexual orientation. This article extends to cover harassment through the distribution of personal information, the creation of groups or modes of communication for the purpose of attacking the member, and unwanted contact with the member through non-internet means of communication. Harassment punished under this article must be to the extent and of the form that would injure a reasonable person of normal sensibilities; mere mocking does not suffice."

• Added hacking statute in section 8.06: "Hacking: No member shall access, without the proper permission and authority, any unauthorized section of the Brotherhood website. No member shall misappropriate the dossier of another member."

• Added clarification of executive actions to 3.01: "Actions taken by the Grand Master are executive in nature and do not affect or usurp the performance or jurisdiction of the Chamber of Justice"

• Added clarification of judicial actions to 4.01: "Actions taken by the Justicar or the Chamber of Justice are judicial in nature and do not affect or usurp the performance or jurisdiction of the Grand Master. Limitations and rules placed on the judiciary in this Covenant do not apply to the Grand Master unless the application is clearly stated."

• Added clarification of council actions: "With powers derived from the Grand Master, Dark Council actions are executive in nature and do not affect or usurp the performance or jurisdiction of the Chamber of Justice."

• Updated Covenant introduction

7th Amendment

Approved: 7/8/07

• Modified the burden of proof in section 8.04: "The burden of the Jury will be to reach an unanimous decision on the innocence or guilt, supported by a preponderance of the evidence, of the accused on each charge presented."

8th Amendment

Approved: 7/14/07

• Changed section 3.03 (Indictment of the Grand Master) to match up with last group of amendments: "The burden on the Jury will be a three-fourths conviction, supported by a preponderance of the evidence, of the accused on each charge presented."

9th Amendments

Approved: 9/18/07

• Added subsection to 8.01 for Chamber policies: "The Justicar may create Chamber of Justice Policies and Procedures that are separate from and not in conflict with this Covenant. Such Policies and Procedure operate with the authority of this Covenant only in regards to judicial issues.”

• Added subsection to 8.01 concerning references: "The rules within the Covenant and the official Chamber of Justice Policies and Procedures exclusively govern all Chamber of Justice proceedings. No reference made to any outside rule of law will be honored. "

• Changed section 8.02 (Rights of the Accused) to reflect Chamber trial policy: "All members are afforded the right to choose between a Trial by Justicar or a Trial by Jury in their case as detailed in the following sections. The court shall not choose for them, unless the defendant refuses to select for themselves."

• Added subsection to 8.03 regarding case dismissal: "The Justicar, with approval from the Grand Master, may summarily dismiss charges regardless of the stage in the proceedings. Charged that have been so dismissed are not barred from retrial through double-jeopardy.”

• Added to section 8.04 for jury fairness: "The Grand Master shall independently verify that the jury was selected at random."

10th Amendment

Approved: 2/23/08

• Refined the wording of section 2.01(i), changed to: "Any member regardless of position, rank, class, or tenure within the Brotherhood has the power to recommend another for elevation, orders, awards or other honors. All recommendations must be made to the direct superior of a member, with Clan leaders sending appropriate recommendations to the Master-at-Arms."

External Links

Dark Covenant Website