Code of Regulations

Article I. Membership

§1.01 Membership

A. Requirements: VATSIM.net is open for membership to all individuals who have reached the age of thirteen (13) years old or older. In addition, membership is available to all individuals regardless of race, creed, color or nationality. Members should be able to converseand/or provide air traffic control services in English, the internationally accepted official language for air traffic control.

B. Fees: VATSIM.net does not charge any fees to apply for or to retain membership in the organization. In addition, no member of VATSIM.net may request money or charge fees as a prerequisite to advancing an individual in rank and no member may offer to pay money or a fee to another in order to secure an advancement in rank. In addition, no individual or entity is permitted to resell or make any commercial or non-commercial use of the VATSIM.net network which involves the payment of money or goods to said individual or entity or such party’s designee without the prior written consent of the VATSIM.net Founders or their designated agent. The prohibitions set forth in this paragraph expressly include any and all sales and/or solicitations of money, goods and services no matter for what purpose, person, group or cause, without limitation. Individuals violating these rules, regardless of their rating, may be subject to immediate and summary permanent expulsion from VATSIM.net.

C. Application: Prospective members will be required to make their application for membership over the Internet at the VATSIM.net web site. Applications must be fully completed pursuant to the instructions and the rules and regulations located on the application web page(s).

D. Certificates and Password: Upon acceptance by VATSIM.net of a membership application, a member will be assigned a unique certificate number and a password, both of which will be required to be provided as part of the login process to the VATSIM.net network.

E. Terms of Usage: By entering a certificate and password and logging onto the VATSIM.net network, a member agrees to be bound and to abide by the “Terms of Usage” which appear at the time of each login to the network. These “Terms of Usage” will also be made available for inspection at the VATSIM.net web site. Violations of the “Terms of Usage” may result in suspension of login privileges and/or expulsion from VATSIM.net.

F. Code of Conduct: By entering a certificate and password and logging onto the VATSIM.net network, a member agrees to abide by the Code of Conduct which has been duly adopted by VATSIM.net as may be modified from time to time. This Code of Conduct will be made available for inspection at the VATSIM.net web site. Violation of any of the provisions of the Code of Conduct may result in suspension of login privileges and/or expulsion from VATSIM.net.

G. Ratings: Upon acceptance by VATSIM.net of a membership application, a member will be assigned a rating of Pilot/Observer. If a member wishes to provide air traffic control services, he or she must contact the region to which they have been assigned for details on training, testing and promotion to the appropriate rating. Notwithstanding any rules adopted by the VATSIM.net Board of Governors (as created herein by Article II.) to the contrary, VATSIM.net will employ the following ratings system, listed highest to lowest:

1. Administrator (ADM)
2. Supervisor (SUP)
3. Senior Instructor (I3)
4. Instructor (I1)
5. Senior Controller (C3)
6. Enroute Controller (C1) - Center
7. TMA Controller (S3) - Approach/Departure
8. Tower Controller (S2) - Tower
9. Ground Controller Student (S1) - Ground/Delivery
10. Pilot/Observer (OBS)

H. Only members of the VATSIM Board of Governors (as created by Article II. hereunder), Founders of VATSIM.net (as designated in Article IV. here under) or other individuals designated by vote of the Board of Governors may hold an Administrator rating.

I. Advancement: Members of VATSIM.net are encouraged to apply and test for advancement of their rating. The rules and requirements for application, testing and advancement are to be determined and adopted by the various divisional directors, Regional Vice Presidents, and ARTCC/FIR chiefs, subject to the general guidelines adopted by and the oversight of the VATSIM.net Board of Governors.

J. Except as otherwise stated in this Rule, once achieving one of the ratings set forth in Article I., §1.01(G) above, a Member shall not be subjectto a lowering of his or her rating (commonly referred to as a “downgrade”) unless it is pursuant to one of the following:

1. A disciplinary proceeding under Article VI. of the VATSIM Code of Regulations (under the authority granted to the Conflict Resolution department by the Code of Regulations and the VATSIM Board of Governors); or
2. To correct an error (under the authority granted to the Membership department by the Code of Regulations and the VATSIM Board of Governors); or
3. At the direction of the Founders of VATSIM.

K. This rule shall not apply to Members holding Administrator (ADM), Supervisor (SUP), Senior Instructor (I3) or Instructor (I) ratings.

L. Maintenance of Membership: Once an individual’s application has been received and approved by VATSIM.net and that individual receives access to the network with a certificate number, password and, for Air Traffic Controllers, a rating, then he or she shall remain a member in good standing in VATSIM.net and shall not be required to renew his or her membership so long as such member maintains his or her membership, abides by this Code of Regulations, the “User Agreement”, the “Code of Conduct”, and otherwise complies with all other rules and regulations of VATSIM.net. In order to maintain his or her membership, a member must log on and use the VATSIM.net network as a pilot and/or a controller at least once during the previous calendar quarter. Members who do not maintain their membership or otherwise remain members in good standing are subject to the terms of Article VI. of this Code of Regulations. For good cause shown, this requirement may be waived at the sole discretion of the VATSIM.net Vice President of Membership.

HISTORY: (Eff. 07-27-01; Amended 05-31-02 –CoR2002-002; Amended 02-20-03 –CoR 2003-001, CoR 2003-002, CoR 2003-003,CoR 2003-004, CoR 2003-005; Amended 12-17-03 –CoR 2003-009; Amended 03-30-07 –CoR 2007-008; Amended 01-22-09 –CoR 2009-002; Amended 07-27-09 –CoR 2009-007; Amended 10-01-20 –CoR 2020-002)

Article II. Board of Governors

§2.01 Creation of a Board of Governors

The Founders of VATSIM.net, by adoption of this Code of Regulations, hereby create a Board of Governors. The Board of Governors of VATSIM.net shall consist of fourteen (14) individuals who are members in good standing of VATSIM.net. The initial Board of Governors shall be appointed by the Founders of VATSIM.net and may include any or all such Founders. Members of the Board of Governors may not hold any other positions in VATSIM.net. After expiration of their term, the seat held by a member of the Board of Governors shall be open to election by qualified members of VATSIM.net and pursuant to the rules set forth in Article V. below. The Board of Governors shall be bound by the terms of this Code ofRegulations.

HISTORY: (Eff. 07-27-01; Amended 11-09-2011 –CoR 2011-010; Amended 10-01-20 –CoR 2020-003)

§2.02 Creation of a Website

The Board of Governors of VATSIM.net is required to create and maintain an internet web site for the purposes of providing information to the general public regarding VATSIM.net and to make the public announcements required by these Regulations.

HISTORY: (Eff. 07-27-01)

§2.03 Board of Governors - President and Vice-Presidents

A. President: The fourteen (14) members of the VATSIM.net Board of Governors shall elect from among them a President. A President shall be elected by a majority vote of the Board of Governors and upon his or her election, will serve a term of two years.The President shall publicly represent the Board of Governors and shall speak on behalf of VATSIM.net as a whole. The President shall also be vested with the authority to enter into agreements with individuals and entities on behalf of VATSIM.net after receiving the express approval of the Board of Governors. The President will have one vote on all matters before the Board of Governors. The President, however, will have no veto power over any matter before the Board of Governors or at any other level in VATSIM.net.Upon his or her election by the Board of Governors, the President shall be deemed to have vacated an “At-Large” seat on the Board. Such “At-Large” seat will remain unfilled until the next regularly scheduled election of a President. Upon the expiration of his or her term, the President will become a Vice-President and occupy the vacated “At-Large” seat on the Board of Governors. B. Vice-Presidents: The remaining thirteen (13) members of the VATSIM.net Board of Governors shall be Vice-Presidents. Each of these thirteen members shall hold one of the following Vice-Presidential positions:

• Vice-President of Operations
  • Vice-President of Americas
  • Vice-President of Europe, Middle East and Africa
  • Vice-President of Asia Pacific
  • Vice-President of Network Infrastructure
  • Vice-President of Technical Development
  • Vice-President of Web services
  • Vice-President of Supervisors
  • Vice-President of Conflict Resolution
  • Vice-President of Membership
  • Vice-President of Virtual Airline & Special Operations
  • Vice-President of Marketing & communications
  • Vice-President of Pilot training
  • Vice-President At-Large (Vacated Upon Election of President)

In addition to the descriptions appearing in Subsection C herein, the scope and duties of each of these Vice-Presidential positions will be made public on the VATSIM.net web site. C Job Descriptions: The President and Vice Presidents are full voting Members of the Board of Governors. These Governors are charged with the following specific duties according to the position held. Each Governor is expected to interact with other Members of the Boardof Governors as needed to accomplish their individual and collective duties.

1. President: Calls and conducts all Board of Governors meetings and directs the Board and its Members in the performance of their duties.
2. Vice President Operations: Reviews, monitors, develops and implements changes to the overall VATSIM system to achieve optimum efficiency and interest.
3. Vice President Americas: Acts as the Board of Governors’ representative to the various Divisions within the Americas Region. Responsible for activity growth, provision of ATC and ATC training.
4. Vice President Europe, Middle East and Africa: Acts as the Board of Governors’ representative to the various Divisions within the Europe, Middle East and Africa Region. Responsible for activity growth, provision of ATC and ATC training.
5. Vice President Asia Pacific: Acts as the Board of Governors’ representative to the various Divisions within the Asia Pacific Region. Responsible for activity growth, provision of ATC and ATC training.
6. Vice President Network Infrastructure: Oversees all network operations and acts as liaison with server owners and operators. In addition, this Governor evaluates new requests for procurement and/or donation of server space and submits recommendations to the Board of Governors for approval or disapproval.
7. Vice President Technical Development: Works directly and indirectly to plan, develop, implement, and maintain new and/or improved services for VATSIM. The primary focus of development by this Governor is on Network server software, and Pilot, Air Traffic Control and other clients.
8. Vice President Web Services: Responsible for the development and maintenance of the VATSIM.net website and other web-based services. This Governor is also charged with the maintenance of all historical documents relating to the operation and development of VATSIM including, but no limited to, Board of Governor meetings, e-mails, voting records, the Code of Regulations, Code of Conduct and User Agreement.
9. Vice President Supervisors: Accepts, reviewsand processes applications and requests of Members to Supervisor status. Submits requests to the Board of Governors for approval or disapproval and notifies individuals and Regional Vice Presidents of the Board’s decision regarding all such applications. This Governor is also responsible for maintenance of VATSIM database records regarding Supervisor ratings status and monitors the performance of and conducts investigations into complaints involving Supervisory personnel. Takes action as appropriate and inaccordance with any rules and bylaws to suspend and/or downgrade individuals from Supervisor status when warranted. Provides assistance as needed for training or resolution of Supervisory issues.
10. Vice President Conflict Resolution: Coordinates the activities of various Regional and Divisional Conflict Resolution Panels. Receives complaints and assigns those complaints to the appropriate area for investigation and resolution. Receives, reviews and acts upon appeals as outlined in the Code of Regulations. Appoints Division Conflict Resolution Managers (DCRM) and Regional Conflict Resolution Panels (RCRPs)
11. Vice President Membership: Accepts and processes individual requests for Membership to VATSIM through the use of manual and/or automated systems of records. Accepts and processes changes to membership status. Maintains the VATSIM membership database to ensure the validity of all accounts. Responds to inquiries on membership status. Conducts analysis of membership as directed/warranted and reports to the Board of Governors any results.
12. Vice President Virtual Airlines and Special Operations: Responsible for building and maintaining VATSIMs partnerships with virtual airlines and with special operations (defined as military, paramilitary and civilian government flight organizations). Uses analysis and feedback to identify and implement new services for both virtual airlines and special operations. This Governor is also responsible for monitoring web sites and web links to ensure compliance with VATSIM affiliationrules and guidelines. Serves as the liaison between the Board of Governors and virtual airlines/special operations flight organizations for operations conducted on VATSIM. Establishes guidelines, provides timely review of applications and monitors for adherence to VATSIM rules and regulations.
13. Vice President Marketing and Communications: Through analysis techniques utilizing VATSIM data and outside data sources, identifies opportunities for strategic growth in all areas of VATSIM. Further responsible for identification, research and execution of marketing strategies, including advertising promotions, along with development of global contacts for the benefit of VATSIM members.
14. Vice President Pilot Training: Develops, monitors, implements and maintains focus on pilot training programs within the VATSIM network. Assists Regions and/or Divisions and their training directors as appropriate and/or required.

HISTORY: (Eff. 07-27-01; Amended 01-03-07 CoR 2007-001; Amended 01-29-07 CoR 2007-004; Amended 03-08-07 CoR2007-009; Amended 03-08-07 CoR 2007-011; Amended 01-22-09 CoR 2009-004; Amended 11-09-2011 –CoR 2011-010; Amended 06-18-2015 –CoR 2015-003; Amended 10-01-20 –CoR 2020-004)

§2.04 Board of Governors - Ratings

Members of the Board of Governors shall have an Administrator (ADM) rating in VATSIM. In the event of the resignation, retirement or other replacement including, but not limited to, the procedure set forth in Article II., §2.10 of the Code of Regulations,such member of the Board of Governors shall be deemed to voluntarily relinquish his or her Administrator’s rating. In such event, a former member shall return to the rating which was previously held immediately prior to the receipt of an Administrator’s rating. If a former member previously held a ratingof Supervisor, then they shall be required to affirm in writing to the VATSIM Board of Governors Vice President of Supervisors that they are willing and otherwise prepared to assume all duties required of the position of Supervisor prior to being downgraded to that particular rating. If they fail to so affirm in a timely manner, then they shall be downgraded to the ATC rating which was previously held immediately prior to the receipt of their Supervisor’s rating. If it has been established that a former member has independently earned a ratings upgrade as a result of ATC testing while a member of the Board of Governors, then they shall be downgraded to such rating as has been attained. The rules in this section shall not apply to Founders as defined in Article IV. of the Code of Regulations.

HISTORY: (Eff. 07-27-01; Amended 03-20-06 -CoR 2006-004; Amended 10-01-20 –CoR 2020-005)

§2.04 Board of Governors - Unique Callsign

Each member of the Board of Governors shall be identifiable to all members of VATSIM by a unique callsign. No other individual is permitted to log onto any computer which is a part of VATSIM.net with any of the following unique Board of Governor’s callsigns.

1. President VATGOV1
2. VP Operations VATGOV2
3. VP Americas Region VATGOV3
4. VP Europe, Middle East and Africa VATGOV4
5. VP Asia Pacific Region VATGOV5
6. VP Network Infrastructure VATGOV6
7. VP Technical Development VATGOV7
8. VP Web Services VATGOV8
9. VP Supervisors VATGOV9
10. VP Conflict Resolution VATGOV10
11. VP Membership VATGOV11
12. VP Virtual Airlines and Special Operations VATGOV12
13. VP Pilot Training VATGOV13
14. VP Marketing and Communications VATGOV14

HISTORY: (Eff. 07-27-01; Amended 01-03-07 CoR 2007-002; Amended 01-29-07 CoR 2007-005; Amended 03-08-07 CoR 2007-010; Amended 03-08-07 CoR 2007-012; Amended 11-09-2011 –CoR 2011-010; Amended 10-01-20 –CoR 2020-006)

§2.06 Board of Governors - Powers

A. Specific Powers: The Board of Governors as a whole is hereby vested with the following exclusive powers:

1. The power to negotiate and enter into agreements on behalf of VATSIM.net as a whole.
2. The power to negotiate and enter into agreements with the owners of computer equipment or servers which desire to become a part of the VATSIM.net network.
3. The power to negotiate and enter into agreements with developers of software which is used in providing services on the VATSIM.net network.
4. The power of appointment and removal of all individuals with the rank of Administrator (ADM), subject to the terms of Article I., §1.01(G).
5. The power of appointment and removal of all individuals with the rank of Supervisor (SUP). In addition, the Board of Governors is vested with the authority to create a Code of Conduct for all such supervisory personnel.
6. The power to appoint an interim Vice-President on the Board of Governors to fill a vacancy created by the resignation or removal of a Vice-President or President.
7. The power to have access and to maintain the complete ratings file for all members of VATSIM.net.
8. The power to create, maintain and control the content of the VATSIM.net internet web site.
9. The power to accept appeals of any suspension of a member in excess of ninety (90)days pursuant to the terms set forth in Article VI. herein.

B. Vice Presidential Powers: The thirteen (13) Vice Presidents’ positions and the President’s position which comprise the VATSIM.net Board of Governors may be vested by vote of the Board of Governors as a whole with such powers and duties as may be deemed necessary or advisable in conducting the activities and affairs of VATSIM.net.

HISTORY: (Eff. 07-27-01; Amended 12-17-03 –CoR 2003-010; Amended 11-09-2011 –CoR 2011-010; Amended 10-01-20 –CoR 2020-007)

§2.07 Board of Governors - Meetings

The VATSIM.net Board of Governors will conduct meetings according to the rules of this section.

A. Board of Governors Quarterly Meetings: The Board of Governors shall hold meetings at least once every three months (i.e. on a quarterly basis). The date and time of these quarterly meetings shall be made public by announcement on the VATSIM.net web site at least fourteen (14) days prior to the scheduled meeting time. It shall be the duty of the President to notify all Board of Governors members and VATSIM.net Founders, pursuant to the terms of Article IV. herein, by either mail service or via electronic mail (e-mail) of the date, time and location of the Board of Governors quarterly meeting. Service of notice of the quarterly meeting upon members of the Board of Governors and VATSIM.net Founders shall be completed at least fourteen (14) days prior to the scheduled time of the meeting. The Board of Governors Quarterly Meeting may be convened at any location designated by the Board of Governors including over the internet. The President shall preside over all Board of Governors Quarterly Meeting In the event that the President is unable to attend or otherwise preside, then the Vice President of Operations shall preside over such meeting. In the event that the Vice President of Operations is unable to attend or otherwise preside, then a majority of the Vice Presidents present at such quarterly meeting shall elect one of the members present to preside over the meeting.

B. Board of Governors Special Meetings: The Board of Governors may, from time to time, hold special meetings which take place in between quarterly meetings. Special meetings may be called by the President or any two Vice Presidents. Special meetings are reserved to matters requiring immediate attention and which cannot be tabled until the next quarterly meeting. As such, special meetings are exempted from the public notice requirements which must be met for quarterly Board of Governors meetings. It shall be the duty of the President or one of the two Vice Presidents to notify all Board of Governors members and VATSIM.net Founders, pursuant to the terms of Article IV. herein, by either mail service or via electronic mail (e-mail) of the date, time and location of any special meeting of the Board of Governors. Service of notice of special meetings upon members of the Board of Governors and VATSIM.net Founders shall be completed at least one (1) day prior to the scheduled time of the meeting. Special meetings may be convened at any location designated by the Board of Governors including over the internet. The President shall preside over all Board of Governors Special Meetings. In the event that the President is unable to attend or otherwise preside, then the Vice President of Operations shall preside over such meeting. In the event that the Vice President of Operations is unable to attend or otherwise preside, then a majority of the Vice Presidents present at such special meeting shall elect one of the members present to preside over the meeting.

C. Agenda: The President will set the Agenda for all quarterly meetings of the Board of Governors. The Agenda for quarterly meetings shall be made public by posting on the VATSIM.net website in the same location as the announcement of the quarterly meeting. It shall be the duty of the President to supply all members of the Board of Governors and VATSIM.net Founders with a final copy of the agenda for a quarterly meeting at least three (3) days prior to the scheduled time of the meeting. It shall be the duty of the President or one of the two Vice Presidents, when practical, to supply all members of the Board of Governors and VATSIM.net Founders with a final copy of the agenda for any special meetings prior to the scheduled time of such a meeting. The Agenda of the meeting shall be considered in such order as the President or a majority of the members of the Board of Governors deem advisable and expedient.

D. Minutes and Voting Records: Minutes and the voting records of all quarterly and special meetings will be kept by the individual who has been elected secretary for a meeting. As soon as practical after adjournment of any quarterly or special meeting of the Board of Governors but in no event greater than fourteen (14) days thereafter, the secretary shall prepare the minutes and forward to all members of the Board of Governors for approval. In addition, the secretary is required to serve a copy of the minutes upon each of the VATSIM.net Founders. Upon a majority of the Board of Governors voting to approve the minutes, they will be made public by posting on the VATSIM.net website.

E. Conduct of Meetings: A quarterly or special meeting of the Board of Governors shall follow the Agenda for the meeting as set forth by the President or a majority of the members of the Board of Governors. There may be a general discussion of any agenda item after which no action need be taken. If a member of the Board of Governors wishes to have a particular item brought up for a vote, then such member shall place a motion on the floor. Before a vote may be taken, there must be a second to the motion and the President or other member presiding over the meeting must allow for discussion on the motion to take place. If such discussion becomes repetitive, argumentative, or otherwise unproductive or time consuming, then the President or other member presiding over the meeting may, in his or her discretion, terminate the discussion and take a vote on the motion.

F. Executive Session: The Board of Governors may, from time to time, find it necessary to discuss matters which are of a sensitive nature and cannot be made public. For any discussion of such nature, the Board of Governors is vested with the authority to enter into an Executive Session during the course of any quarterly or special meeting. A majority of the members of the Board of Governors present at a quarterly or special meeting must vote in favor of entering into an Executive Session. Executive Sessions are exempt from the public Minutes and Voting requirements set forth in Article II., §2.07 (D). The nature of discussion and any votes taken during an Executive Session must, however, be immediately disclosed to the Founders upon request.

G. Quorum: At any meeting, either quarterly or special, of theBoard of Governors, there shall be present at least five (5) members in order to constitute a quorum of the Board of Governors. If there are less than five (5) members present, then any such number less than five (5) shall constitute a quorum for the solepurpose of adjourning the meeting from time to time without notice other than announcement at such meeting, until a quorum competent to act on any matter or proposal is present. The act of a majority or greater proportion (if one is required by these rules) of the members present at a meeting at which a quorum is present shall be deemed to be an act of the Board of Governors.

H. Voting Power: A member of the Board of Governors, including the individual elected as President of the Board of Governors, shall have one vote for any single matter which is brought before the Board for vote unless said member is casting a vote by proxy pursuant to the rules set forth in Article II., §2.07 (I).

I. Voting by Proxy: Any member of the Board of Governors may be represented at any meeting of said Board, be it quarterly or special, and may vote by proxy or proxies. A proxy may be granted by a Board of Governors member only to another Board of Governors member, or to a VATSIM.net Founder. Proxies may be “full proxies” indicating that the holder of the proxy may vote on any and all items up for vote on the agenda for the meeting. Proxies may also be “limited proxies” indicating that the proxy is limited to a particular item or items on the agenda for a meeting. If a limited proxyis being granted, then the member of the Board of Governors granting the proxy must specifically list the items to which he or she is limiting the grant of proxy. Unless specifically limited, proxies shall be considered to be “full proxies”.

Proxies may be evidenced in one of the following ways:

1. If a Board of Governors member is unable to attend a meeting and wishes to grant a full proxy or a limited proxy, then such proxy must be evidenced by an instrument in writing sent to the current President of the Board of Governors by regular or electronic mail prior to the scheduled date and time of a meeting before the person designated and authorized by the proxy or proxies may vote thereunder. If the proxy is granted to the President of the VATSIM Board of Governors, then the regular or electronic mail must be sent to the Vice President of Operations on the VATSIM Board of Governors prior to the scheduled date and time of a meeting before the person designated and authorized by the proxy or proxies may vote thereunder.
2. If a Board of Governors member attends a meeting but is unable to stay for the full length, then he or she may grant a proxy for any or all items remaining for vote on the agenda for said meeting. Such member shall announce that he or she desires to grant a proxy and shall designate the person authorized to vote pursuant to said proxy. If a limited proxy is being granted, then the member of the Board of Governors granting the proxy must specifically list the items to which he or she is limiting thegrant of proxy. Unless specifically limited, proxies shall be considered to be “full proxies”. This grant of proxy shall be entered into the minutes of the meeting.
3. The proxy shall expire upon the conclusion of the meeting unless the member executing it shall have specified therein the length of time it shall continue in force. A proxy may be revoked by the member executing it at any time prior to the taking of a vote by the Board of Governors and such revocation may be made orally or in writing. The presence at a meeting of the person appointing a proxy does not revoke the proxy.

J. Majority and Super-Majority Voting Requirements: Unless otherwise required by these Regulations, a simple majority of the members present at any meeting of the Board of Governors at which a quorum is present shall be required to pass or reach a determination on any matter or proposal before the Board. Notwithstanding the majority voting and quorum requirements, the following matters must be passed or otherwise determined by a two-thirds (2/3) majority of all fourteen (14) members of the Board of Governors:

• a. Amendments or deletions or modifications to this Code of Regulations.

K. Committees: The Board of Governors is vested with the authority to, from time-to-time, authorize or appoint standing committees with such membership, powers and duties as may be deemed necessary or advisable in conducting the activities and affairs of VATSIM.net. Any and all such committees must be comprised of at least three (3) individuals one of whom must be a member of the Board of Governors. The Board of Governors may also appoint other individuals who may or may not be members of VATSIM.net to any standing committee created under this rule. Committees will report directly to the Board of Governors as a whole.

HISTORY: (Eff. 07-27-01; Amended 11-09-2011 –CoR 2011-010; Amended 10-01-20 –CoR 2020-008)

§2.08 Duties and Responsibilities of the Regional Vice Presidents

A. Authority: The three Regional Vice Presidents shall carry out the following functions:

1. The discretion to structure the divisions which make up the region;
2. The discretion to make the day-to-day decisions regarding operations on a regional basis;
3. The discretion to appoint individuals as divisional directors and/or headsof the divisions which constitute his or her region, and the method by which they are to be chosen;
4. The discretion to establish qualifications for positions of divisional directors and/or heads of divisions which constitute his or her region; and
5. The discretion to appoint assistants as needed to aid in carrying out the duties of the VP’s office;

B. Duties: The three Regional Vice Presidents shall ensure the following:

1. Website: A Regional VP shall ensure that all details on the relevant Regional page on the VATSIM website are correct and up to date. In addition, at their discretion, a Regional VP may establish a separate regional website for his or her region. If such a website is created it should at a minimum contain; a listing of the divisions, both active and inactive, that comprise the region, the names and e-mail addresses of the Regional Vice President and all staff and links to the web sites of VATSIM.net, all divisions in the region, and to the other regions which make up VATSIM.
2. Uniform Rules Within a Region: A Regional VP is vested with the authority to develop uniform, general rules for conduct of operations within his or her region. These general rules should be broad in nature. This authority would include, but is not limited to, establishment of rules for the creation and maintenance of websites by divisions, establishment of procedures for reporting promotions within a division and establishment of procedures for reporting and implementing suspensions and expulsions of members for violationany of the rules of VATSIM.net. Any such uniform rules must not be in variance with any section of the Code of Regulations.
3. Provision of Voice and Text Based ATC Services: Providing air traffic control services via voice is the preferred method of communication on VATSIM. Therefore, a Regional VP must ensure that there shall be no rules in his or her region preventing or otherwise restricting the use of voice by air traffic controllers and there shall be no special requirements to use voice in order to provide air traffic control services for any type of facility within a region. However, since not all pilots use voice to communicate with ATC, a Regional VP must also require that all divisions making up his or her region ensure that controllers are properly trained in the provision of text-based air traffic control services and that no division creates any rules or policies which result in pilots who use text being less favored in any manner than those using voice.
4. Delegation of Authority: A Regional VP is entitled to set broad aims, directions, scope of action, and time limits for completion of tasks on the heads of divisions that make up his or her region. A Regional VP should not attempt to dictate or run all aspects of day-to-day operations in the divisions which comprise his or her region. Therefore, a Regional VP has a duty to delegate authority to the heads of the divisions making up his or her region and should grant such individuals broad discretion to run the day-to-day operations within their division, subject to any uniform general rules in place for conducting operations throughout the entire region. A Regional VP is entitled to overturn or modify a decision made by a head of division only when such decision does not comply with the broad aims, directions, scope of action, and time limits for completion of tasks previously stipulated by the Regional VP.
5. Mitigation of Disputes Between and Within Divisions: In the event of a dispute between two or more divisions within his or her region or among individuals within a particular division within his or her region, a Regional VP has the duty to mitigate such dispute to the point of resolution. In the event that mitigation fails, the Regional VP is vested with the authority to resolve such dispute by rendering a decision. Any such decision made by a Regional VP shall be final and binding upon the parties.
6. Providing Administrative Access: A Regional VP must ensure that all members of VATSIM.net who have a rating of Administrator or higher are granted access privileges to all regional, divisional and local level forums, newsgroups, mailing lists, discussion groups and other such staff discussion forums which are set up by staff immediately upon the creation of such discussion groups or upon request. The Regional VP shall direct all regional, divisional and local level staff to immediately grant such access.
7. Provision of ATC Services: A Regional VP shall ensure that his or her division puts into place policies and staff which result in the widest possible and highest quality ATC coverage for the pilots of VATSIM. In addition, a Regional VP shall ensure that no policy is put into place which either adversely affects the overall staffing of the airspace delegated to them or impedes the growth of facilities in his or her region.

HISTORY: (Eff. 10-01-20 –CoR 2020-009)

§2.09 Board of Governors – Resignation and Filling of Vacancies

A. Resignations: All resignations of Members of the VATSIM.net Board of Governors must be submitted in writing to the current President of said Board. Announcement by resigning members should be made as far in advance as possible in order to minimize disruption of service and to allow the Board of Governors to select an interim President or Vice-President to take the place of theresigning member.

B. Filling of Vacancies: Upon the resignation of a President or Vice-President, the Board of Governors is vested with the authority, pursuant to Article II., §2.06 (A), to fill the position on said Board which is created by the resignation. In the event of a resignation of a President, the Board of Governors will first elect from among them a new President and shall then appoint individuals to fill any Vice-President vacancies which are thereby created. Such appointed Vice-Presidents shall be deemed “interim” Vice-Presidents who shall serve until the next time the position they occupy is up for election pursuant to the terms of Article V. below. In the event of a resignation of a Vice-President, the individual appointed to fill the vacancy shall be deemed an “interim” Vice-President who shall serve until the next time the position filled is up for election.

HISTORY: (Eff. 07-27-01; Amended 10-01-20 –CoR 2020-010)

§2.10 Board of Governors – Suspension and Removal

No part of this section of the Codeof Regulations (Article II., §2.10) including any of its sections or subsections may be modified in any way by subsequent vote of the Board of Governors without the prior written approval of the Founders through their designated representative(s). The Founders, as defined in Article IV. below, reserve the right to direct the Board of Governors to amend any part of this section of the Code of Regulations accordingly and the Board of Governors is bound to make any and all such directed amendments.

This section sets forth the procedure which must be followed with regards to charges seeking suspension or removal of a member of the Board of Governors.

A. Founder's Hearing on Charges

1. Presentation of Charges: A member of the VATSIM.net Board of Governors suspected of improper conduct that may be at variance with this Code of Regulations or for any type of abusive and/or illegal conduct towards any members or users of the VATSIM.net network must be so charged by at least two other members of the Board. The charges must be made in writing and should provide enough detail so that the alleged improper conduct can be readily identifiable. These written charges must be served via e-mail to the members of the Board of Governors, the accused member and the VATSIM.net Founders.
2. Answer to Charges by Accused Member: The accused member shall have fifteen (15) days after the receipt of the charges to respond in writing. This response need not be detailed, and a general denial of the charges shall be considered a sufficient response. The response must be served via e-mail to the Board of Governors, the charging members and the VATSIM.net Founders.
3. Founders Hearing on the Charges: The VATSIM.net Founders shall then schedule a hearing on the charges. The date and time of this hearing shall not be set prior to the expiration of the fifteen (15) day period which the accused member has to answer the charges nor shall it be set greater than thirty (30) days from the date of receipt of the charges or the service of an answer to the charges by an accused member, whichever is later.
   • Founders Panel: Three (3) Founders shall be randomly selected to sit on a panel which will hear the charges. No Founder who is also a Board of Governors member is eligible to sit on this panel. In the event that three (3) eligible Founders cannot be found to constitute a panel, then the one or two Founders who are available shall randomly select one or two individuals from the members of the Board of Governors, excluding the charged member(s), and those who brought the charges to complete the panel. This panel shall preside over and shall set forth the rules for the conduct of this meeting. In addition, the panel shall set forth any specific procedures to be followed at this special meeting in additionto the general procedures discussed below.
   • General Procedure: One of the members of the Board of Governors bringing the charges will present the evidence of improper conduct. The evidence presented may be in the form of the testimony of witnesses or documentation. The accused member shall have the right to cross examine any witnesses presented by the members bringing the charges. At the close of the charging members presentation, the accused member shall have the right to present any evidence in his or herown defense. The evidence presented may be in the form of the testimony of witnesses or documentation. The charging members shall have the right to cross-examine any witnesses presented by the accused members. It shall be within the sole discretion of thepanel to allow or disallow the admission of any such evidence, to determine the credibility of such evidence and to determine what weight to assign such evidence. However, the burden of proving the charges shall always be upon the members bringing such charges. At the close of the accused member’s presentation, each of the parties may make a brief closing argument after which the presentation of testimony to the panel will end.
   • Founder’s Panel Deliberation: The panel, after closing arguments, will then enter into private deliberation and thereafter conduct a private vote on the suspension and/or expulsion of the accused member. No one will be permitted to enter into deliberation or to cast a vote on the matter of the member’s suspension or removal other than the panel members.
   • Founder’s Panel Decision: In order to suspend and/or expel an accused member, the vote of the panel must be unanimous. In the event of a unanimous decision, the terms of any such suspension or removal shall be in the sole discretion of the panel. In addition, any such unanimous decision shall be final, and the parties agree to be bound by the panel’s determination. If the panel is unable to reach a unanimous decision, then the charges against the accused member shall be dismissed.

B. Procedure after a Determination of Suspension or Expulsion: Upon the suspension or removal of an individual, the Board of Governors shall fill the vacancy created pursuant to the rules set forth in Article II., §2.09 (A) –(B).

HISTORY: (Eff. 07-27-01; Amended 10-01-20 –CoR 2020-011)

§2.11 Maintenance of Online Presence

All members of the Board of Governors are required to maintain a regular online presence and shall accumulate no less than 24 hours time online in each calendar quarterly period.

HISTORY: (Eff 10-01-20 –CoR 2020-012 )

Article III. Executive Committee

§3.01 Integration and Reservation

Pursuant to a vote by the VATSIM Board of Governors, the Executive Committee and its functions have been integrated into the Board of Governors. This amendment to the VATSIM code of regulations repeals Article III. Executive Committee in its entirety and hereby reserves said Article number for future use.

HISTORY: (Deleted 10-01-20 –CoR 2020-013)

Article IV. Founders

§4.01 Definition of a Founder

A “Founder” is an individual who, through the donation of their time and expertise, helped form and organize VATSIM.net. A Founder is also an individual who has, through the donation of their time and effort, contributed greatly to the continuation of the hobbies of flight simulation and air traffic control simulation. The Founders, as a whole, constitute the group of individuals listed below in Article IV. §4.03. Membership to this group of individuals is closed except for additions as may be exclusively made by the Founders. The Founders, as a resultof their contributions to VATSIM.net and the hobbies of flight simulation and air traffic control simulation, shall maintain special rights and privileges in VATSIM.net. This Article defines the rights and privileges which are to be held by the Founders.

HISTORY: (Eff. 07-27-01)

§4.02 No Modification by Board of Governors

No part of this Article of the Code of Regulations (Article IV.) including any of its sections or subsections may be modified in any way by subsequent vote of the Board of Governors without the prior written approval of the Founders through their designated representative(s). The Founders reserve the right to direct the Board of Governors to amend any part of this Article IV. of the Code of Regulations accordingly and the Board of Governors is bound to make any and all such directed amendments.

HISTORY: (Eff. 07-27-01)

§4.03 List of Founding Members

The following individuals, listed alphabetically with their VATSIM Certificates of Identification, are designated as “Founders” of VATSIM.net and are eligible for the special rights and privileges which are granted by this Article of the Code of Regulations.

• George Barney (800009)
• Roberto Bazzano (800025)
• Bruce Benaway (800018)
• Marty Bochane (800024)
• Roland Collins (800023)
• Richard Critz(800026)
• James Davis (800016)
• Jason Grooms (800021)
• Michael Hayden (800010)
• Richard Jenkins (800012)
• Joe Jurecka (800020)
• Lefteris Kalamaras (800022)
• Ronald Lemke (800015)
• Joel Lesser (800008)
• George Marinakis (800006)
• Jonathan Reid (800007)
• Tom Schroeder(800011)
• Harvey Stein (800005)
• Neal Truitt (800027)

The name “Founder” as referred to in this Article, and as may be referenced throughout this entire Code of Regulations, refers to each of the individuals listed in this section.

HISTORY: (Eff. 07-27-01; Amended 12-05-01 –CoR 2001-001; Amended 07-12-02 –CoR 2002-006; Amended 03-31-03 –CoR 2003-007; Amended 12-15-03 –CoR 2004-001; Amended 05-12-11 –CoR 2011-007)

§4.04 Founders' Callsigns

A. Unique Callsign: Each Founder shall be identifiable to all members of VATSIM.net by a unique callsign. No other individual is permitted to log onto any computer which is a part of VATSIM.net with any of the following unique Founder's callsigns.

1. Harvey Stein VATSIM5
2. George Marinakis VATSIM6
3. Jonathan Reid VATSIM7
4. Joel Lesser VATSIM8
5. George Barney VATSIM9
6. Michael Hayden VATSIM10
7. Tom Schroeder VATSIM11
8. Richard Jenkins VATSIM12
9. Ronald Lemke VATSIM15
10. James Davis VATSIM16
11. Bruce Benaway VATSIM18
12. Joe Jurecka VATSIM20
13. Jason Grooms VATSIM21
14. Lefteris Kalamaras VATSIM22
15. Roland Collins VATSIM23
16. Marty Bochane VATSIM24
17. Roberto Bazzano VATSIM25
18. Richard Critz VATSIM26
19. Neal Truitt VATSIM27

B. Permanent Callsign: The callsigns listed above in Article IV., §4.04 (A)(1)-(22) are permanently assigned to the designated Founders and may never, under any circumstance(s), be used by any other member of VATSIM.net. Only the Founders themselves may remove another Founder’s unique callsign.

HISTORY: (Eff. 07-27-01; Amended 12-05-01 –CoR 2001-002; Amended 07-12-02 –CoR 2002-007; Amended 03-31-03 –CoR 2003-008; Amended 12-15-03 –CoR 2004-002; Amended 05-12-11 –CoR 2011-008)

§4.05 Founders' Rating

The Founders shall always have a rating of Administrator in VATSIM.net regardless of the position held by such Founder. In addition, should the Board of Governors create or designate a rating which is higher than that of Administrator, then the Founders shall automatically receive such higher rating. Only the Founders themselves may lower the rating of another Founder.

HISTORY: (Eff. 07-27-01)

§4.06 Founder's Certificates of Identification

Each Founder shall be identifiable to all members of VATSIM.net by a unique Certificate of Identification (“CID”). The CIDs of Founders shall begin with the two digits “80”. The CIDs of all VATSIM members who are not Founders shall be issued sequentially, beginning with CID 810000. No CID lower than 810000 may be issued without the consent of the Founders. This section shall have precedence over any other section of the Code of Regulations or any other act of the Board of Governors regarding the assignment of CIDs to any member of VATSIM.net.

HISTORY: (Eff. 07-27-01; Amended 08-17-09 –CoR 2009-011)

§4.07 Founders' Ownership Rights

A. Name: The ownership of the names “VATSIM.net”, “VATSIM” and all rights thereto are retained by the Founders. The Founders and the Board of Governors have entered into a revocable license agreement which allows the Board of Governors to use these names so long as such use is in furtherance of the purposes for which VATSIM.net was created. This license in no way conveys any rights of ownership to the names“VATSIM.net” or “VATSIM” to the Board of Governors. All such rights are retained by the Founders.

B. Domain Name: The ownership of the domain names http://vatsim.netand http://www.satco.organdall rights thereto are retained by the Founders. The Foundersand the Board of Governors have entered into a revocable license agreement which allows the Board of Governors to use these domainnames so long as such use is in furtherance of the purposes for which VATSIM.net was created. This license in no way conveys any rights of ownership to the domain names http://vatsim.netand http://www.satco.orgtothe Board of Governors. All such rights are retained by theFounders.

C. Databases: The ownership of any membership database(s) of VATSIM.net and all rights thereto are retained by the Founders. The Founders and the Board of Governors have entered into a revocable license agreement which allows the Board of Governors to use these databases so long as such use is in furtherance of the purposes for which VATSIM.net was created. This license in no way conveys any rights of ownership to the membership database(s) to the Board of Governors. All such rights are retained by the Founders.

D. Registrations Programs: The ownership of any registration software programs, including any scripts, and all rights thereto are retained by theFounders. The Founders and the Board of Governors have entered into a revocable license agreement which allows the Board of Governors to use these programs and scripts so long as such use is in furtherance of the purposes for which VATSIM.net was created.This license in no way conveys any rights of ownership to these software programs and scripts to the Board of Governors. All such rights are retained by the Founders.

HISTORY: (Eff. 07-27-01)

§4.08 Positions Founders May Serve in VATSIM.net

Founders are permitted to serve in any position and at any level of VATSIM.net. However, Founders shall be subject to the same rules and qualifications that any other member of VATSIM is subject to for any particular position, including the rules set forth in Article V. of these Regulations.

HISTORY: (Eff. 07-27-01)

§4.09 Founders' Notice Requirements and Right to Attend Meetings

A. Board of Governors Meetings –Notice: Founders shall have the right to receive notice of all meetings held by the Board of Governors pursuant to the terms of Article II. §2.07 (A) and (B). Founders shall have the right to receive copies of agendas of any meetings pursuant to the terms of Article II §2.07 (C)

B. Attending and Addressing Meetings: Founders shall always have the right to attend meetings pursuant to the terms of paragraphs A of this section. The Founders will have a right to request to address the Board of Governors regarding an issue which is being deliberated. The individual presiding over such a meeting will recognize the Founder and allow them to address the Board or Committee upon the Founder’s request. Founders also have the right to attend any portion of meetings which are conducted under executive session pursuant to the terms of Article II., §2.07 (F). The right to attend meetings and to be permitted to address the Board, however, does not include the right to vote on any issue or matter which is being discussed at the time. In addition, the Founder will not be given any preference as to the order in which they are permitted to speak.

HISTORY: (Eff. 07-27-01; Amended 10-01-20 –CoR 2020-014)

§4.10 Founders' Access to Membership and Ratings Databases

Founders shall always have access to the membership and ratings databases of VATSIM.net. Any changes made to the access of these databases including, but not limited to, password changes must be provided to the Founders by the party or parties making such changes. Only the Founders themselves may deny the access of another Founder to the membership and ratings databases of VATSIM.net.

HISTORY: (Eff. 07-27-01)

Article V. Reserved

Article VI. Suspension and Explulsion of VATSIM.NET Members

§6.01 Scope of Article, Definitions

A. Scope of Article: This Article sets forth the conduct which can result in the removal of a member, the suspension of a member’s privileges and/or the expulsion of a member from VATSIM.net as well as the procedures to be followed prior to any such action. In addition, this Article sets forth the rights of a member facing such removal, suspension and/or expulsion. This Article does not apply to members of the Board of Governors. Procedures for the suspension and/or expulsion of such members are set forth in Articles II. of this Code of Regulations

B. Definitions: As used in this Code of Regulations:

1. “Board of Governors Appeals Panel” is defined as a group which is established by the Vice President of Conflict Resolution on the VATSIM.net Board of Governors to hear appeals in cases of members which have received formal suspensions in excess of ninety (90) days or have been permanently expelled. The Board of Governors Appeals Panel is governed by the rules set forth in Article VI., §6.07 of this Code of Regulations.
2. “Divisional Conflict Resolution Manager” or “DCRM” is defined as an individual appointed by the Vice President of Conflict Resolution to initially hear the cases of VATSIM members who have been recommended for a formal suspension or expulsion. All Divisional Conflict Resolution Managers must meet the qualifications set forth in Article VI., §6.07 of this Code of Regulations. The Divisional Conflict Resolution Manager is governed by the rules set forth in Article VI., §6.09 of this Code of Regulations.
3. “Expulsion”, “Expulsion of a member” or “Expelling a member” means the act of removing the certificate of identification of a member permanently so as to prevent that particular member from ever logging on to the VATSIM.net network with the particular certificate of identification and further barring said member from obtaining any new certificates of identification.
4. “Formally suspend” or “Formal suspension” is defined as the act of suspending the certificate of identification of a member for a fixed period of time after final disposition of such member’s case pursuant to the terms set forth in Article VI.
5. §6.09 below. During such suspension period, the member has no access privileges to the VATSIM.net network.
6. “Prohibited conduct” is defined as any conduct which is deemed by the individuals listed in Article VI., §6.04 of this Code of Regulations as being abusive to other members ofVATSIM.net and/or detrimental in any way to VATSIM.net.
7. “Regional Conflict Resolution Panel” or “RCRP” is defined as a group which is established by the Vice President of Conflict Resolution to hear appeals of cases of members who have been formally suspended or expelled by a Divisional Conflict Resolution Manager. The Regional Conflict Resolution Panel consists of three (3) or five (5) members of VATSIM.net, who must meet the qualifications set forth in Article VI., §6.08 of this Code of Regulations. TheRegional Conflict Resolution Panel is governed by the rules set forth in Article VI., §6.09 of this Code of Regulations.
8. “Remove members” or “Removal of members” is defined as the removal of a member or individual from the VATSIM.net network who is, at the time of removal, using the VATSIM.net network in violation of Article VI., §6.02 and/or §6.03 of this Code of Regulations.
9. “Temporarily suspend” or “Temporary suspension” is defined as the act of suspending the certificate of identification of a memberwho has been removed for an alleged violation of Article VI., §6.02 and/or §6.03 of this Code of Regulations and preventing said member from logging onto the VATSIM.net network until such time as the final disposition of such member’s case pursuant to theprocedures set forth in Article VI., §6.09 below.
10. “VATSIM.net network” is defined as any one or all of the computers joined together which comprise the physical VATSIM.net network as well as any additional computers which are utilized in any way by VATSIM.net members for communicating via text or voice for purposes of engaging in simulated air traffic control and/or flight simulation purposes. This definition expressly includes the computers which host the official internet forums, newsgroups and mailing lists utilized by VATSIM.net and its officially recognized regions, divisions, ARTCCs, ACCs and FIRs and which are otherwise used by members of VATSIM.net for engaging in public discussions.

HISTORY: (Eff. 11-18-01; Amended 12-17-03 –CoR 2003-012; Amended 10-01-20 –CoR 2020-015)

§6.02 Complying with the Terms of the User Agreement, Code of Conduct, and the Code of Regulations

Members of VATSIM must at all times comply with the terms of the VATSIM.net User Agreement, Code of Conduct and Code of Regulations. These documents are made public at the VATSIM.net website located at http://vatsim.net. These documents may, from time to time, be updated, modified and/or otherwise revised by the VATSIM.net Board of Governors. Any such update, modification and/or revision shall be made public at the VATSIM.net website. It is the responsibility of all members to read and comply with the terms of these documents, including any updates, modifications and/or revisions. Bylogging on to VATSIM.net, a member is agreeing to have read in their entirety all such documents and is further agreeing to all of the terms contained therein. Failure to comply with the terms of these documents may result in a member’s removal, temporarysuspension, formal suspension, administrative removal or permanent expulsion from VATSIM.net.

HISTORY: (Eff. 11-18-01; Amended 05-31-02 –CoR 2002-004)

§6.03 Prohibited Conduct

In addition to the terms set forth in Article VI., §6.02 above, a member of VATSIM.net is subject to removal, temporary suspension, formal suspension, or permanent expulsion from VATSIM.net for prohibited conduct. Prohibited conduct includes, but is not limited to, the following:

A. The use of the VATSIM.net network by any member or individual to threaten, harass, abuse, intimidate, stalk or to otherwise violate the legal rights, including rights of privacy and publicity, of other members or individuals logged on to the VATSIM.net network;

B. The use of the VATSIM.net network by any member orindividual to publish, post, distribute or disseminate any defamatory, infringing, obscene, vulgar, profane, or other unlawful material or information;

C. The use of the VATSIM.net network by any member or individual to engage in any action or conduct whichblocks, interferes with, or otherwise prevents any other member(s) of VATSIM.net or individuals from logging on to and/or enjoying the VATSIM.net network. This rule does not apply to Administrators, Supervisors or other individuals specifically designatedby the VATSIM.net Board of Governors or this Code of Regulations who are acting within the scope of their authority;

HISTORY: (Eff. 11-18-01)

§6.04 Individuals Authorized to Remove and Temporarily Suspend Members from VATSIM.net

A. Individuals Authorized to Remove and Temporarily Suspend: The following individuals are authorized to remove and to temporarily suspend members from VATSIM.net for violations of Article VI., §§6.02 and 6.03 above:

1. Members of the VATSIM.net Board of Governors, as defined in Article II. of this Code of Regulations;
2. Members of VATSIM.net who hold the rating of Administrator;
3. Members of VATSIM.net who hold the rating of Supervisor; and
4. Any other member or individual specifically authorized by the VATSIM.net Board of Governors to remove members from the VATSIM.net network.

B. Sole Discretion: It is within the sole discretion of the individual authorized by this rule to determine whether the conduct of a member warrants removal or temporary suspension of said member.

HISTORY: (Eff. 11-18-01; Amended 10-01-20 –CoR 2020-016)

§6.05 Removal of a Member

A member who has been removed, but not temporarily suspended, pursuant to the terms of this Article is not permitted to log back onto the VATSIM.net network for a period of twenty-four (24) hours from the moment of removal. A removed member who violates this rule by logging back onto the VATSIM.net network prior to the expiration of the twenty four (24) hour period is guilty of a separate infraction which could result in imposition of a temporary suspension, formal suspension, and/or expulsion from VATSIM.net.

HISTORY: (Eff. 11-18-01)

§6.06 Temporary Suspension of a Member

A member of VATSIM.net may be temporarily suspended by an authorized individual under Article VI., §6.04 when it is determined by such authorized individual that the member’s conduct is of a nature which warrants a formal suspension and/or expulsion.

A. Maximum Length of Period of Temporary Suspension: The period of temporary suspension imposed by an authorized individual under Article VI., §6.04 above may not exceed forty-eight (48) hours in length. In computing time under this rule, the time period shall commence on the date of the alleged violation.

B. Notification Requirements

1. Individual Imposing Temporary Suspension: The individual who temporarily suspends a member pursuant to authority granted by Article VI., §6.04 above shall within twenty four (24) hours of the imposition of such temporary suspension file a report with the Vice President of Conflict Resolution on the VATSIM.net Board of Governors in the form and manner and at the location designated by said Vice President. At a minimum, this notice shall include the name and certificate number of the temporarily suspended member, the date, time and location of the alleged violation and a general statement of the nature of the circumstances surrounding the violation.
2. Vice President of Conflict Resolution: Upon receipt of notice of the temporary suspension of a member, the Vice President of Conflict Resolution on the VATSIM.net Board of Governors or his or her designate shall within twenty four (24) hours notify the suspended member of the temporary suspension and shall forward the matter to the Divisional Conflict Resolution Manager of the division to which the temporarily suspended member is assigned. This notice shall include at a minimum, the name and certificate number of the temporarily suspended member, the name and rating of the individual who temporarily suspended the member, the date, time and location of the alleged violation and any general statement submitted. In the event that a temporarily suspended member is not assigned to a specific division, then the Vice President of Conflict Resolution shall thereafter direct it to the most appropriate Divisional Conflict Resolution Manager.
3. Upon completion of the notification requirements of this rule, the matter shall thereafter progress in accordance with the rules set forth in Article VI., §6.07 of this Code of Regulations.

C. Expiration of Period of Temporary Suspension: Upon the expiration of the period of temporary suspension and notwithstanding any decision to the contrary pursuant to the terms of Article VI., §6.09 below, a member’s privileges shall be fully restored.

HISTORY: (Eff. 11-18-01; Amended 02-20-03–CoR 2003-006; Amended 10-01-20 –CoR 2020-017)

§6.07 Divisional Conflict Resolution Managers

The Vice President of Conflict Resolution shall be responsible for ensuring that a Divisional Conflict Resolution Manager shall be appointed in each division. The appointment of a DCRM is the direct responsibility of the Vice President of Conflict Resolution, but at his or her discretion, may ask for advice and/or a list of suitable candidates from the relevant Divisional Director. The Vice PresidentConflict Resolution is under no obligation to accept such advice or appoint a candidate from among those proposedby a Divisional Director.

A. To be eligible for this position, an individual must meet all of the following qualifications:

1. The individual must be an active member in good standing of VATSIM.net; and
2. The individual must be an active member of the division in which he or she is serving as a Divisional Conflict Resolution Manager; and
3. The individual must have a VATSIM.net rating of Controller or higher unless said individual is otherwise approved by the Regional Vice President and the Vice President of Conflict Resolution of the particular division in which the individual wishes to serve as a Divisional Conflict Resolution Manager; and
4. The individual must not be a member of the VATSIM.net Board of Governors.

B. Powers: The Divisional Conflict Resolution Manager shall hear and decide cases of members who have been temporarily suspended and subject to formal suspension or expulsion from VATSIM.net pursuant to the definitions, terms, powers and procedures set forth in Article VI. of this Code of Regulations.

C. Terms of Divisional Conflict Resolution Manager and Replacement Procedures:

• the Vice President of Conflict Resolution, in his or her sole discretion, may set limits on the terms that Divisional Conflict Resolution Managers may serve.

HISTORY: (Eff. 07-27-01; Amended 01-19-10 –CoR 2010-001; Amended 10-01-20 –CoR 2020-018)

§6.08 Regional Conflict Resolution Panel

The Vice President of Conflict Resolution shall be responsible for ensuring that Regional Conflict Resolution Panel(s) (RCRP) shall be appointed in each Region. The appointment of each RCRP is the direct responsibility of the Vice President of Conflict Resolution, but at his or her discretion, may ask for advice and/or a list of suitable candidates from the relevant Regional Vice President. The Vice President Conflict Resolution is under no obligation to accept such advice or appoint a candidate from among those proposed by a Regional Vice President. Each Regional Conflict Resolution Panel shall consist of three (3) or five (5) members. A region may have more than one RCRP.

A. Qualifications: To be eligible for this position, an individual must meet all of the following qualifications:

1. The individual must be an active member in good standing of VATSIM.net; and
2. The individual must be an active member of the region in which the Regional Conflict Resolution Panel sits; and
3. The individual must have a VATSIM.net rating of Senior Controller or higher. However, the Vice President of Conflict Resolution for the particular region in which the Regional Conflict Resolution Panel sits may, in his or her sole discretion, waive the rating requirement and allow members of the panel to have a rating which is lower than senior controller. An individual for whom the rating qualification is waived, however, must still meet all other qualifications of this rule; and
4. The individual must not currently be a Divisional Conflict Resolution Manager; and
5. The individual must not currently be a member of the VATSIM.net Board of Governors pursuant to the terms of Article VI §6.08 A 5

B. Powers: The Regional Conflict Resolution Panel shall hear and decide appeals of decisions made by Divisional Conflict Resolution Managers which are made by formally suspended or expelled members of VATSIM.net pursuant to the definitions, terms, powers and procedures set forth in the relevant sections of Article VI. of this Code of Regulations.

C. Terms of Members of Regional Conflict Resolution Panel and Replacement Procedures: The Vice President of Conflict Resolution, in his or her sole discretion, may set limits on the termsthat members of a Regional Conflict Resolution Panel may serve. The appointment and replacement procedures for members of a Regional Conflict Resolution Panel are left to the Vice President of Conflict Resolution in his or her sole discretion.

HISTORY (Eff: 10-01-20–CoR 2020-019)

§6.09 Formal Suspension and Expulsion Procedures/Rights of Member

This rule sets forth the procedures to be followed prior to the imposition of a formal suspension and/or expulsion of a VATSIM.net member and the rights of a member during and after such procedures. This rule and the rights contained herein apply once a member has been temporarily suspended pursuant to the terms of Article VI., §6.06 above.

A. Investigation by the Divisional Conflict Resolution Manager: Pursuant to the terms of §6.06 of this Article and upon imposition of a temporary suspension, a suspended member’s case shall first be referred to the Divisional Conflict Resolution Manager for the division to which the member is assigned. In the event that the suspended member is not assigned to a specific division, then the case shall be assigned to the most appropriate Divisional Conflict Resolution Manager as selected by the Vice President of Conflict Resolution. For purposes of this Article, the Divisional Conflict Resolution Manager shall be hereinafter referred to as the “DCRM”.

1. Initial Notification Requirements of the DCRM: The DCRM shall, upon referral of the matter, send a notice to the accused member by e-mail which notifies said member of the referral and shall include, at a minimum, the date of the referral to the DCRM, a statement advising that the accused member has ten (10) days from said referral date to submit written statements to the DCRM, a statement that the accused member has a right to request, in writing, copies of any written evidence gathered by the DCRM in the course of his or her investigation and the email address of DCRM along with a statement instructing that any written evidence must be submitted to that particular e-mail address.
2. Investigation, Written Statements and Other Evidence: The DCRM shall conduct an investigation intothe alleged misconduct of the temporarily suspended member. This investigation shall consist of gathering written statements from the individual recommending formal suspension or expulsion and any other parties to the alleged incident, including the accused member who has the right to address the DCRM in writing. Any evidence gathered must be in written form. The accused member has the right, upon written request, to review all written documents and statements which have been gathered by the DCRM in the course of his or her investigation. The DCRM shall then review all evidence which has been gathered for the purpose of rendering a decision to either impose a formal suspension or expulsion of the accused member or to acquit such accused member of the charge(s).
3. Extension of Temporary Suspension Period: The DCRM has the power to extend the temporary suspension period imposed under Article VI., §6.06 while he or she conducts the investigation into the alleged misconduct of the temporarily suspended member. Under no circumstances, however, shall any such extension exceed more than thirty (30) days past the date of receipt of referral of the case from the Vice President of Conflict Resolution on the VATSIM.net Board of Governors or his or her designate.
4. Time: The DCRM must render his or her decision for a particular case within thirty(30)days of receipt of the referral of the matter. For purposes of this rule, the thirty (30) day period begins on the day of receipt of referral and includes Saturdays, Sundays, and legal holidays. If a final decision is not rendered within the thirty (30) day time period, the case against the accused member shall be dismissed and may not be refilled under any circumstances.
5. Accused Member’s Evidence: Any evidence which is submitted by the accused member to the DCRM must be received within ten (10) days of the date of referral. For purposes of this rule, the ten (10) day period begins on the day of receipt of referral and includes Saturdays, Sundays, and legal holidays. The DCRM may, upon good cause shown, extend this time period.
6. Reaching a Decision: The DCRM shall review all the evidence gathered in his or her investigation and shall then render a decision to either impose a formal suspension or expulsion of the accused member or to acquit such accused member of the charge(s). If a finding of guilty is reached, then the DCRM shall impose a penalty which shall be either a formal suspension for a fixed period of time, or permanent expulsion. If a finding of not guilty is reached, thenthe accused member shall be acquitted and full membership privileges including rating shall be immediately restored.
7. Penalty: The DCRM has the authority to impose, in his or her sole discretion, any penalty he or she deems fit in a particular case. These penalties include, but are not limited to:
8. Imposing a formal suspension period of any length including the time of suspension which has been served by the guilty member; or
9. Permanently expelling the member; or
10. Reducing the rating of the member; or
11. Any combination of penalties.
12. In the event of the imposition of a formal suspension, the DCRM shall give credit against the overall suspension for any days served under a temporary suspension period.
13. Notification of Decision: The DCRM will reduce his or her decision to writing and shall provide it to the Divisional Director, the relevant Regional Vice President, the Vice President of Conflict Resolution on the VATSIM.net Board of Governors, the Vice President of Supervisors on the VATSIM.net Board of Governors,and to the member. In the event of a guilty determination, this notice shall also include the date upon which a determination of guilty was reached and the expiration date of any formal suspension period which has been imposed. The notice sent by the DCRM to the member shall also include a statement advising that the member has a right to appeal the decision to the Regional Conflict Resolution Panel which must be exercised within ten (10) days of date of the notice and the e-mail address to which an appeal must be made. For purposes of this rule, the ten (10) day period begins on the date of the notice and includes Saturdays, Sundays, and legal holidays.
14. Preserving the Record: Any and all written evidence gathered by the DCRM must be preserved for purposes of appeal rights taken by a guilty member pursuant to the terms of this Article Code of Regulations.

B. Appeal to the Regional Conflict Resolution Panel: A member who receives a formal suspension or expulsion as a result of a DCRM investigation has the right to appeal such formal suspension or expulsion to the region’s Regional Conflict Resolution Panel, hereinafter referred to as the “RCRP”. Each of the three regions which comprise VATSIM shall create one or more RCRPs. In the event that the suspended or expelled member was not assigned to a division, then the appeal shall be made to the RCRP of the region containing the division which was assigned the case pursuant to the terms of Article VI., §6.09(A).

1. Timely Appeal: An appeal to the RCRP must be made within ten (10) days of receipt of notice of the decision of Divisional Conflict Resolution Manager. The appeal must be made in writing to the e-mail address provided in the notification of decision of the Divisional Conflict Resolution Manager. For purposes of this rule, the ten (10) day period begins on the date of receipt of the decision of the Divisional Conflict Resolution Manager and includes Saturdays, Sundays, and legal holidays. This time period is absolute and may not be waived under any circumstances with the exception of permanent expulsion in which case the appeal to the RCRP is automatic.
2. Transmittal of Record: Upon receipt of a timely appeal, the RCRP shall order that the record of the Divisional Conflict Resolution Manager which consists of allwritten documents used by said individual in reaching his or her decision be transmitted to the RCRP. The Divisional Conflict Resolution Manager shall immediately transmit said record to the RCRP.
3. Hearing the Appeal: The suspension or expulsion imposed by the Divisional Conflict Resolution Manager shall remain in effect pending the appeal. The RCRP shall then set a deadline for the member appealing to file any additional written appeal documents with the RCRP. Such documents may only address why the Divisional Conflict Resolution Manager erred in reaching his or her determination and cannot include any new evidence which was not presented to the Divisional Conflict Resolution Manager. The RCRP may extend this deadline for filing additional written documents upon good cause shown. At the close of this time period, the RCRP shall not accept any additional filings.
4. The RCRP shall review the record from the Divisional Conflict Resolution Manager and any additional written documents filed pursuant to Article VI. §6.07 (B)(3). The deliberation process shall be private. Upon the conclusion of deliberation, the panel shall conduct a vote on whether to affirm, overturn or modify the Divisional Conflict Resolution Manager’s decision. A majority of the panel must voteto either affirm, overturn, or modify the lower decision. A modification of the Divisional Conflict Resolution Manager’s decision cannot result in a greater penalty than that which is the subject of the appeal. Every member of the RCRP shall have one voteand all votes shall carry the same weight.
5. Time Limit: The RCRP must render a decision on an appeal within thirty (30) days of the filing of a timely appeal.
6. Notification of Decision: The RCRP will reduce its decision to writing which shall include the vote result and provide it to the Divisional Conflict Resolution Manager, the Divisional Director, the appropriate Regional Vice President on the VATSIM.net Board of Governors, the Vice President of Conflict Resolution on the VATSIM.net Board of Governors,the Vice President of Supervisors on the VATSIM.net Board of Governors, and to the member who initiated the appeal.
7. Decision of RCRP Final; Exceptions: The decision reached by the RCRP in a member’s case shall be final with no right of appeal so long as the penalty affirmed does not exceed a formal suspension of ninety (90) days or less. In the event that the penalty affirmed by the RCRP exceeds ninety (90) days or is permanent expulsion, then the guilty member has a right to make an appeal to the VATSIM.net Board of Governors pursuant to the terms of Article VI., §6.07 (C) below.

C. Appeal to the VATSIM.net Board of Governors: In the event that the penalty imposed by the Divisional Conflict Resolution Manager and affirmed by the RCRP exceeds ninety (90) days, then the guilty member has a right to make an appeal to the VATSIM.net Board of Governors. If the Divisional Conflict Resolution Manager has imposed a penalty of permanent expulsion which has been affirmed by the RCRP, then the VATSIM.net Board of Governors must review such penalty on appeal.

1. Timely Appeal: An appeal of a formal suspension in excess of ninety (90) days must be made within ten (10) days of receipt of notice of the decision of the RCRP. The Appeal must be made to the Vice President of Conflict Resolution on the VATSIM.net Board of Governors. For purposes of this rule, the ten (10) day period begins on the date of receipt of the decision of the RCRP and includes Saturdays, Sundays, and legal holidays. This time period is absolute and may notbe waived under any circumstances with the exception of permanent expulsion in which case the appeal to the Board of Governors is automatic.
2. Transmittal of Record: Upon receipt of a timely appeal, the Vice President of Conflict Resolution shall order that the record sent to the RCRP by the Divisional Conflict Resolution Manager along with any other written documents used by said RCRP in reaching its decision be transmitted to the Board of Governors. The RCRP shall immediately transmit said record to the Vice President of Conflict Resolution.
3. Assignment of Panel: Upon receipt of the record from the RCRP, the Vice President of Conflict Resolution shall randomly select from a pool consisting of all members of the Board of Governors, including the President ofsaid Board but excluding the Vice President of Supervisors, two (2) other individuals. These two other individuals along with the Vice President of Conflict Resolution shall form a panel which shall hear the appeal. This panel shall examine the record andshall make a determination of whether to hear the appeal or let stand the decision of the RCRP. In the event of an appeal of a permanent expulsion, the panel must review the decision of the RCRP.
4. No Absolute Right to Have Appeal Heard; Exception: The right possessed by a member found guilty and suspended in excess of ninety (90) days is only the right to make an appeal to Board of Governors. There is no absolute right to have an appeal heard. It is within the sole discretion of the VATSIM.net Board of Governors whether to hear an appeal or let stand the conclusions and the judgment of the RCRP. If the Board of Governors Appeals Panel decides not to hear an appeal and lets stand the conclusions and the judgment of the RCRP, then said Panel shall notify the RCRP and the member appealing the judgment of the RCRP by email of its decision. The sole exception to this rule is where a member has been found guilty and has been permanently expelled. Then, and only in such circumstance, is there an absolute right of appeal to the Board of Governors Appeals Panel. A penalty of permanent expulsion must be reviewed by the Board of Governors Appeals Panel and either affirmed, overturned, or modified.
5. Hearing the Appeal: A majority of the Board of Governors Appeals Panel must vote to agree to hear the appeal. If it agrees to hear the appeal, then said Panel shall notify the RCRP and the guilty member appealing the judgment of the RCRP by email of its decision. The penalty imposed by the Divisional Conflict Resolution Manager and affirmed by the RCRP shall remain in effect pending the appeal. The Board of Governor’s Appeals Panel shall then set a deadline for the member appealing to file any additional written documents. Such documents may only address why the RCRP erred in reaching its determination and cannot include any new evidence which was not presented to the Divisional Conflict Resolution Manager or the RCRP. The Board of Governors Appeals Panel may extend this deadline for filing additional written documents upon good cause shown. At the close of this time period, the Board of Governors Appeals Panel shall not accept any additional filings.Deciding the Appeal: The Board of Governors Appeals Panel shall review the record from the RCRP and any additional writtendocuments filed pursuant to Article VI. §6.07 (C)(5). The deliberation process shall be private. Upon the conclusion of deliberation, the panel shall conduct a vote on whether to affirm, overturn or modify the RCRP’s decision. A majority of the panel mustvote to either affirm, overturn, or modify the lower decision. A modification of the RCRP’s decision cannot result in a greater penalty than that which is the subject of the appeal. Every member of the Board of Governors Appeals Panel shall have one vote and all votes shall carry the same weight.
6. Time Limit: The Board of Governors Appeals Panel must render a decision on an appeal within sixty (60) days of the filing of a timely appeal.
7. Notification of Decision: The Board of Governors Appeals Panel will reduce its decision to writing which shall include the vote result and provide it to the RCRP, the Divisional Conflict Resolution Manager, the appropriate Regional Vice President on the VATSIM.net Board of Governors, the Divisional Director, the Vice President of Supervisors on the VATSIM.net Board of Governors, and to the member who has initiated the appeal.
8. Decision of Board of Governors Appeals Panel Final: The decision reached by the Board of Governors Appeals Panel in a member’s case shall be final with no right of further appeal.

HISTORY: (Eff. 11-18-01; Amended 10-01-20 –CoR 2020-020)

§6.10 Administrative Removal

Members of VATSIM.net who fail to maintain their membership pursuant to the terms of Article I., §1.01(I) of this Code of Regulations are subject to administrative removal. An administrative removal may only be imposed when a member has failed to log on and use the VATSIM.net network as a pilot and/or a controller at least once during the previous calendar quarter.

The Vice President of Membership on the VATSIM.net Board of Governors is hereby authorized to examine the membership records of VATSIM.net for compliance with Article I., §1.01(I).

Members who fail to maintain their membership may have their certificates of identification and logon privileges revoked by the Vice President of Membership without further notice. For good cause shown and within the sole discretion of the Vice President of Membership, the requirements to maintain membership may be waived. In addition, upon further showing of good cause and within the sole discretion of the Vice President of Membership, a member who has been subject to an administrative removal may be reinstated. Any such member shall be reinstated to the same rating he or she held at the time of removal.

HISTORY: (Eff. 06-01-02 –CoR 2002-005; Amended 10-01-20 –CoR 2020-021)

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